Thông tư 33/2012/TT-BNNPTNT

CIRCULAR

ON THE CONDITIONS FOR FOOD SAFETY AND HYGIENE APPLICABLE TO ESTABLISHMENT TRADING FRESH MEAT AND EDIBLE BY-PRODUCTS FROM ANIMALS

Pursuant to the Government's Decree No. 01/2008/NĐ-CP on January 03, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural development; the Government's Decree No. 75/2009/NĐ-CP on September 10, 2009 amending Article 3 of the Decree No. 01/2008/NĐ-CP;

Pursuant to the Law of Food safety No. 55/2010/QH12 passed by the 12^th National Assembly in the 7^th session on June 17, 2010;

Pursuant to the Ordinance on Veterinary medicine No. /2004/PL-UBTVQH passed by the Standing committee of the National Assembly on April 29, 2004;

Pursuant to the Government's Decree No. 38/2012/NĐ-CP on April 25, 2012 detailing the implementation a number of articles of the Law of Food safety;

Pursuant to the Government's Decree No. 33/2005/NĐ-CP on March 15, 2005, detailing the implementation of a number of articles of the Ordinance on Veterinary medicine; the Government's Decree No. 119/2008/NĐ-CP on November 28, 2008 amending and supplementing a number of articles of the Decree No. 33/2005/NĐ-CP;

At the proposal of the Director of the Department Of Animal Health;

The Minister of Agriculture and Rural development promulgates the Circular on the conditions for food safety and hygiene applicable to establishments trading fresh meat and edible by-products from animals

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular specifies the conditions for food safety and hygiene applicable to establishments trading fresh meat and edible by-products from animals

Article 2. Subjects of application

This Circular is applicable to establishments trading fresh meat and edible by-products from animals applied for business registration, and relevant organizations and individuals.

Article 3. Interpretation of terms

In this Circular, the terms below are construe as follows:

1. Animals: are terrestrial animals consisting of mammals and poultry used for food.

2. Fresh meat: are meat of healthy animal as a whole or cut after being slaughtered, preserved at normal temperature or from 0⁰C to 5⁰C for a certain period that its natural properties are not changed (hereinafter referred to as meat).

3. Fresh edible by-products: are the edible organs, heads, tails, limbs, skin, fat of animals and preserved at normal temperature or from 0⁰C to 5⁰C for a certain period that its natural properties are not changed (hereinafter referred to as by-products).

4. Establishments trading fresh meat and by-products: are places trading fresh edible meat and by-products of animals at traditional markets, supermarkets, or stores, showrooms.

5. Traditional markets: including retail markets and wholesale markets, where goods are sold and planned by local governments.

6. Supermarkets: are the system/establishment distributing general goods doing business in form of self-service that provide all necessary commodities for life, packed and preserved properly, of which the labels contain complete product information and bar codes, origin and quality codes for checking out by invoice printers. 7. The hygiene conditions for trading fresh meat and by-products: are hygiene conditions for ensuring the safety of meat and by-products during the business.

8. Equipment and tools used in meat and by-products trading: are all the items used for selling, cutting, storing, preserving meat and by-products.

9. Cleaning: means using physical measures for removing the contamination on the surfaces of equipment and tools while trading meat and by-products.

10. Sterilization: means the use of physical and chemical methods to eliminate harmful microorganisms.

11. Workers: including meat and by-products cutters, sellers and loaders.

Article 4. Requirements for packages and labels

1. The packages directly touching the meat and by-products must be made of safe materials without being contaminated by toxic substances nor having unusual smell and taste, and must ensure the quality of unexpired meat and by-products.

2. The packages must be qualified under the Circular No. 34 /2011/TT-BYT on August 30, 2011 of the Ministry of Health on the National Technical Regulation on the hygiene and safety of packages and tools directly touching the food.

3. Packed meat and by-products must have labels as prescribed in the Government's Decree No. 89/2006/NĐ-CP on August 30, 2006 on goods labels,

Article 5. Requirements for meat and by-product preservation period and conditions

1. Must not use chemicals for preserving fresh meat and by-products.

2. The meat and by-products preserved at normal temperature must be sold within 8 hours after the slaughter.

3. The meat and by-products preserved at 0 – 5^oC must be sold within 72 hours after the slaughter. The by-products being stomachs, large and small intestines preserved at 0 – 5^oC must be sold within 24 hours after the slaughter.

Article 6. Requirements for meat and by-products

The meat and by-products being sold must have the slaughter control seal or the veterinary hygiene stamp, and the Quarantine certificate from veterinary agencies as prescribed.

Chapter II

PROVISIONS ON FOOD SAFETY AND HYGIENE CONDITIONS APPLICABLE TO ESTABLISHMENTS TRADING FRESH MEAT AND BY-PRODUCTS AT TRADITIONAL MARKETS, SUPERMARKETS, OR STORES, SHOWROOMS

Article 7. Requirements for infrastructure

1. Having a fixed place.

2. The place must be separated from pollution sources, the area selling cooked or convenience food.

3. Having sufficient water and soap for hand washing.

4. The water used in trading meat and by-products must be qualified as drinking water under the National Technical Regulation on the quality of drinking water QCVN 01:2009/BYT on June 17, 2009 of the Ministry of Health.

Article 8. Requirements for cleaning and sterilization equipment

1. The equipment used for selling, cutting and storing

a) The table surface and hooks used for displaying and selling meat and by-products must be made of durable, waterproof, and stainless materials, that are easy to be cleaned and sterilized;

b) The table surface and hooks used for displaying and selling meat and by-products must be at least 80 cm from the ground;

c) The tools used for cutting and storing meat and by-products must be made of durable, and stainless materials, that are easy to be cleaned and sterilized.

2. Refrigeration equipment (if any)

a) Having equipment for keeping the temperature at 0 – 5^oC to preserve meat and by-products at the counter.

b) Having the thermometer and temperature control devices for the refrigeration equipment.

c) Having the logbook to record the preservation temperature twice a day.

3. Cleaning and sterilization

a) The equipment and tools for displaying, selling, cutting and storing meat and by-products must be separately used, and must not be used for other subjects or works;

b) The equipment and tools for displaying, selling, cutting and storing meat and by-products must be cleaned and sterilized before and after the sale;

c) The sterilization chemicals must be used in accordance with the producer’s instruction, with proper concentration, dosage, and exposure period.

Article 9. Requirements for means of transport

The means used for transporting meat and by-products must satisfy the veterinary hygiene conditions as prescribed.

Article 10. Requirements for personal hygiene

1. The establishment owner and the workers must obtain the health certificates issued by medical establishments at commune level or above (at least once a year)

2. The establishment owner and the workers must obtain the food safety education certificates.

3. People suffering from infectious and dermatological diseases, specified in the list enclosed with the Decision No. 21/2007/QĐ-BYT on March 12, 2007 of the Ministry of Health, must not cut, sell and load meat and by-products.

4. The personal hygiene must be ensured when working:

a) People suffering from open wound must be bandaged using waterproof materials;

b) Must not eat, drink, and spit while cutting, selling, and loading meat and by-products;

c) Washing hands with soap before cutting, after going to the bathroom or touching contaminated materials;

d) The seller must not sit on the table/counter used for selling meat.

Article 11. Requirements for waste management

1. Having tools to store and collect solid waste to appropriate places.

2. Having output for liquid waste from the shop counter to the sewer.

Chapter III

PROVISIONS ON FOOD SAFETY AND HYGIENE CONDITIONS APPLICABLE TO ESTABLISHMENTS TRADING FRESH MEAT AND BY-PRODUCTS IN SUPERMARKETS

Article 12. Requirements for infrastructure

1. Having stable water and electricity supply.

2. Having faucets, basins and soaps for hand washing.

3. Specified in Clause 2 and 4 of Article 7 of this Circular.

4. The minimum illuminance of natural light or electric white light must reach 200 Lux. The lights must be properly protected.

Article 13. Requirements for cleaning and sterilization equipment

1. Specified in Clause 1 Article 8 of this Circular.

2. Having refrigeration equipment as specified in Clause 2 Article 8 of this Circular.

3. Having process for cleaning and sterilization of equipment, tools and the selling area.

Article 14. Requirements for storage warehouses

1. Having a fixed place convenient for meat and by-products delivery.

2. Having appropriate shelves made of durable and waterproof materials that are easy to be cleaned and sterilized.

3. The meat and by-products must be arranged to provide adequate ventilation, be at least 15 cm from the floor, 50 cm from the walls and the ceiling. The passage must be convenient for people and means of loading.

4. Each kind of meat or organs before packing must be arranged in separate areas.

5. Having equipment for keeping the temperature at 0 – 5oC to preserve meat and by-products.

6. b) Having the thermometer and temperature control devices for the refrigeration equipment.

7. Having the logbook to record the preservation temperature twice a day and monitor the delivery volume as well as the origins of each product.

8. The inner side of the warehouse as well as the storage equipment must be cleaned and hygienic.

9. Having the process for cleaning and sterilizing the storage warehouse.

Article 15. Requirements for means of transport

The means used for transporting meat and by-products must satisfy the veterinary hygiene conditions as prescribed.

Article 16. Requirements for workers

1. Specified in Article 10 of this Circular.

2. The workers must wear labor protection.

Article 17. Requirements for waste management

1. Having equipment for collecting and treating solid wastes.

2. In case there is no equipment for treating solid wastes, the establishment must sign the contract with an organization licensed to collect wastes.

Chapter IV

ORGANIZING THE IMPLEMENTATION

Article 18. Responsibilities of the Services of Agriculture and Rural development of central-affiliated cities and provinces

Guiding the implementation of this Circular in accordance with the tasks assigned within their localities.

Article 19. Responsibilities of the Department Of Animal Health

1. Guiding the implementation of this Circular to units affiliated to the Department Of Animal Health and the Sub-departments Of Animal Health.

2. Inspecting the implementation of this Circular in the localities.

Article 20. Responsibilities of Sub-departments Of Animal Health

1. Disseminating and guiding the implementation of the Circular on food safety and hygiene conditions applicable to establishments trading fresh meat and by-products at traditional markets, supermarkets, or stores, showrooms to the local establishments trading fresh meat and by-products.

2. Inspecting and assessing the implementation of this Circular in the localities.

3. The inspection and handling of violations must comply with current law provisions.

Article 21. responsibilities of establishments trading fresh meat and by-products

1. Subject to the regular or irregular inspection from competent State management agencies as prescribed.

2. Providing relevant documents and information, and take samples serving the inspection and supervision when being requested.

3. Fulfilling the duties as prescribed by law.

Article 22. Effect

1. This Circular takes effect September 03, 2012.

2. The units are recommended to send feedbacks on the difficulties arising during the course of implementation to the Ministry of Agriculture and Rural development for amendment and supplement.