What are the fines for violations against regulations on quality of animal and aqua feeds in the course of manufacturing and processing in Vietnam?
Hello Lawnet. My name is Thanh Huy. I'm doing a research into the law on administrative violations against regulations on livestock breeds, animal feeds and aqua feeds. I have a question. What are the fines for violations against regulations on quality of animal and aqua feeds in the course of manufacturing and processing in Vietnam? Which document stipulates this issue? Thank you!
What are the fines for violations against regulations on quality of animal and aqua feeds in the course of manufacturing and processing in Vietnam? - image from internet
Pursuant to Article 7 of the Decree 64/2018/ND-CP on livestock breeds, animal feeds and aqua feeds, the fines for violations against regulations on quality of animal and aqua feeds in the course of manufacturing and processing in Vietnam are stipulated as follows:
1. A warning shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a specific quality indicator is found to be lower than the minimum level or higher than the maximum one fixed in announced applicable standards or on their labels by less than 5%, or in which the content of a specific safety indicator is found to exceed the permissible level fixed in relative technical regulations or announced applicable standards by less than 5%.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to retain testing samples or testing results according to the quality control process.
3. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to adopt the due process for manufacturing and control of quality of products; failure to write and keep a logbook of the production process as prescribed.
4. The following fines shall be imposed for manufacturing and processing each animal and aqua feed product which has not been approved for sale in Vietnam:
a) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed if the batch of products is worth less than VND 200,000,000 in total or total amount of illegal benefits received is less than VND 100,000,000;
b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the batch of products is worth VND 200,000,000 and above or total amount of illegal benefits received is VND 100,000,000 and above, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision to institute criminal proceeds, a decision to terminate investigation or a decision to dismiss lawsuit issued by the presiding agency when finding signs of administrative violations.
5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a specific quality indicator other than the main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 5% to less than 15%.
6. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a specific quality indicator other than the main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 15% to less than 30%.
7. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a specific quality indicator other than the main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 30% and above.
8. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing and processing each animal and aqua feed product in which:
a) the level of a harmful microorganism exceeds the maximum level fixed in relative national technical regulations or announced applicable standards; or
b) the content of an undesirable substance is found to be higher than the maximum level fixed in relative national technical regulations or announced applicable standards by 5% and above.
9. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 5% to less than 10%.
10. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 10% to less than 20%.
11. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 20% to less than 30%.
12. A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for manufacturing and processing animal and aqua feed products in which the content of a main ingredient is found to be lower than the minimum level or higher than the maximum one fixed in the announced applicable standards or on their labels by 30% and above.
13. A fine ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for keeping manufacturing and processing of animal and aqua feed products during the period of suspension imposed by a competent authority.
14. Remedial measures:
a) With regard to the commitment of one of the violations prescribed in Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 and Clause 12 of this Article: Enforced recycling of the batch of products. The batch of products that cannot be recycled shall be repurposed. The batch of products that cannot be repurposed shall be destroyed;
b) With regard to the commitment of the violation prescribed in Clause 4 or Clause 13 of this Article: Enforced repurposing of the batch of products if it meets requirements concerning the new purpose. The batch of products that cannot be repurposed shall be destroyed.
Above are the fines for violations against regulations on quality of animal and aqua feeds in the course of manufacturing and processing in Vietnam. Please refer to the Decree 64/2018/ND-CP for more details.
Best regards!
