Regulations on handling of feeds violating regulations on feed quality in Vietnam

Regulations on handling of feeds violating regulations on feed quality in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Regulations on handling of feeds violating regulations on feed quality in Vietnam

Regulations on handling animal feed with quality violations according to Article 20 of Decree 13/2020/ND-CP are as follows:

- One or more sanctions below shall be imposed on feeds that violate regulations on feed quality (hereinafter referred to as “violating feeds”):

+ Mandatory re-export: If an entity that has a violating feed is liable for feed re-export, such entity shall follow re-export procedures in accordance with regulations of the law on customs and other relevant regulations of law, and submit the re-export documentation to the authority responsible for state inspection of feed quality (hereinafter referred to as the “inspecting authority”).

+ Mandatory destruction: If an entity that has a violating feed is liable for feed destruction, such entity shall sign a contract with an entity licensed to destroy violating goods. The contract shall clearly specify the destruction method in order for the inspecting authority to carry out the supervision.

+ Mandatory recycling: If an entity that has a violating feed is liable for feed recycling, such entity shall recycle the feed using an appropriate method in accordance with regulations of law, ensuring that the quality of the recycled feed must be conformable with the applied quality standard and respective national technical regulation; notify the inspecting authority of the recycling plan and result for supervision purpose;

+ Mandatory repurposing: If an entity that has a violating feed is liable for feed repurposing, such entity shall repurpose the feed using an appropriate method in accordance with regulations of law; notify the inspecting authority of the repurposing plan and result for supervision purpose;

+ Mandatory correction of information: If an entity that has a violating feed is liable for information correction, such entity shall specify the corrected information about the product in the label or enclosed documents before its its circulation on the market or use.

- Supervision of violating feed destruction shall be carried out as follows:

+ Every provincial Department of Agriculture and Rural Development shall supervise the violating feed destruction within its province, make a supervision record as prescribed in Point b of this Clause within its power and carry out supervision as requested by the inspecting authority affiliated to the Ministry of Agriculture and Rural Development;

+ A supervision record shall contain the following information: legal bases and reasons for destruction; date and place of destruction; participants; names, types, origin, number and status of feeds; destruction methods and other necessary information.

The supervision record shall be certified by representatives of parties involved in the supervision and entities whose feeds are destroyed.

- If an entity that has violating feeds is subject to the sanctions specified in Clause 1 of Article 20 of Decree 13/2020/ND-CP, such entity shall incur all relevant costs.

- If the feed owner fails to be identified, the provincial People's Committee shall handle the violating feeds and cover the costs incurred.

2. Regulations on carrying out inspection at the feed exporting country in Vietnam

Regulations on carrying out inspection at the feed exporting country according to Article 16 of Decree 13/2020/ND-CP are as follows:

- If any potential risk to quality or risk of contamination of feeds imported into Vietnam is found, the Department of Livestock Production shall cooperate with relevant units in establishing an inspectorate responsible for carrying out an inspection at the exporting country.

- The scope of work will include the following contents: relevant legislative documents, system for organizing implementation thereof, conditions for feed production, testing laboratories.

- According to the inspection result, the Department of Livestock Production shall issue a decision to take actions against each specific case.

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