Thông tư 35/2013/TT-BNNPTNT

CIRCULAR

TEMPORARY REGULATION ON MANAGEMENT OF FARMING SWIFTS

Pursuant to the Government’s Decree No. 01/2008/ND-CP dated 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/ND-CP dated September 10, 2009, amending article 3 of the Government’s Decree No. 01/2008/ND-CP dated January 03, 2008;

Pursuant to Law on environmental protection No. 52/2005/QH11 dated November 29, 2005;

Pursuant to Law on food safety No. 55/2010/QH12 dated June 17, 2010;

Pursuant to the Ordinance on livestock breeds No. 16/2004/PL-UBTVQH11 dated March 24, 2004;

Pursuant to the Vegetarian Ordinance No. 18/2004/PL-UBTVQH11 dated April 29, 2004;

At the proposal of Director of Livestock Department;

The Ministry of Agriculture and Rural Development promulgates Circular on temporary regulation for management of farming swifts,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Scope of regulation

This Circular provides temporarily for management of farming swifts ensuring veterinary hygiene and food safety.

2. Subjects of application

Domestic organizations and individuals, foreign organizations and individuals farming swifts in Vietnam.

Article 2. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. Farming swifts: Being activities of luring and exploiting nest of swifts.

2. The farming-swifts establishments: mean establishments owned by organizations, individuals farming swifts, including entire construction works serving for farming swifts with commercial nature including house for farming swifts, warehouse and processing facilities.

3. The house for farming-swifts: Being construction works renovated or built newly for luring swifts to select as shelter and build nests.

4. Luring swifts: means use of sound equipment for attracting swifts in selecting as shelter and building nests.

Chapter 2.

REGULATION ON FARMING SWIFTS

Article 3. The farming-swifts establishments:

1. Owners of the farming-swifts establishments must report to Divisions of Agriculture and Rural Development or Economy Divisions in districts, townships, cities under provinces (abbreviated as the district-level Specialized Divisions), where the farming-swifts establishments are situated, according to form at Annex promulgated together with this Circular.

2. Report time

a) Organizations, individuals report for the first time when establishments newly begin farming swifts;

b) For case of organizations and individuals who have farmed swifts before the effective date of this Circular, they must report not later than December 31, 2013;

c) When have changes on scale of establishments of farming swifts (area of house for farming, quantity of swifts), organizations and individuals farming swifts must report not later than October 30 annually.

3. Position for construction of new establishments farming swifts

Organizations, individuals building establishments for farming swifts from the effective date of this Circular must comply with planning or get written consensus of the district-level People’s Committee.

Article 4. Using sound to lure swifts

Intensity of sound does not exceed 70 dBA in duration of between 6: AM and 21: PM and not allowed using sound in duration of between 21: PM and 6: AM of the next day.

Article 5. Veterinary hygiene and prevention against epidemics

1. Establishments of farming swifts must have protective costumes such as clothes, shoes, boots, and gauze masks. Employees and guest visiting must wear protective costume of establishments and wash hands with soap before entering and after leaving from establishments of farming swifts.

2. House for farming swifts must be cleaned regularly and conduct antitoxic and sterilizing measures periodically at least once/week. Not use sterilization substances affecting to quality of nests. In case of preventing against epidemics, antitoxic and sterilizing hygiene must comply with guide of veterinary agencies.

3. Instruments serving for exploiting the nests must be cleaned, sterilized before and after use.

4. Waste from farming swifts must be collected, detoxified, sterilized and handle by one of measures of annealing, burning, burying or other methods in order to ensure safety before putting into environment.

5. Exercising regulation on supervising health and handling epidemics

a) Establishments of farming swifts must regularly supervise health of swift birds. If there is an abnormal death of bird, they must report immediately to local authorities or veterinary agencies for timely handling;

b) Establishments of farming swifts must be examined, supervised and taken sample for periodical or ad hoc testing at request of competent veterinary agencies;

c) In case of arising epidemics: Establishments of farming swifts must perform strictly measures of preventing against epidemics in accordance with law and guide of competent veterinary agencies; In course of arising epidemics, all nests that are exploited from localities announced epidemics must be handled under guide of competent veterinary agencies before selling.

Article 6. Exploitation and preliminary process of nests

1. Employees must have protective instruments and equipment when harvesting, processing and preserving nests so as to ensure labor safety and safety against epidemics.

2. Places for preliminarily processing and preserving nests must be high, clean, isolated from house for farming swifts, located at a far distance from places with risk of polluted environment and epidemics.

3. Water for stages of preliminarily processing nests must ensure not affecting to quality of nests and health of consumers.

4. There must be equipment for preliminarily processing and preserving nests that are ensure hygiene and safety for products.

5. Having effective measures to prevent other animals trespassing preliminary processing and maintain areas of nests.

6. Process of preliminary processing, preserving nests must ensure product quality in accordance with current law.

Chapter 3.

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Article 7. Responsibilities of owners of establishments of farming swifts

1. Coordinating with specialized agencies in taking samples periodically or ad hoc as required.

2. Taking responsibility for paying charges, fees of testing epidemics on swifts in accordance with current regulation.

3. Organizations and individuals participating in farming and exploiting nests must comply with provisions of Article 3, Article 4, Article 5, Article 6 and Clause 1, Clause 2 Article 7 of this Circular.

4. Violating establishments must be handled in accordance with current law.

Article 8. Responsibilities of agencies

1. Responsibilities of the provincial Departments of Agriculture and Rural Development:

a) To advice the provincial People’s Committee in approving specific plans for implementation of this Circular;

b) To coordinate with local media sector to propagate, popularize this Circular to organizations, individuals that have farmed swifts and people in region of farming swifts;

c) Guiding professional operations involving report on farming swifts to the district-level Divisions; examining management, coordination in work, report regime of the district-level specialized Divisions; gathering statistical data about farming swifts in provincial area, reporting to the livestock department before November 30 annually;

d) Directing and examining implementation of regulation in this Circular. Process of examination, assessment, classification are complied with the Circular No. 14/2011/TT-BNNPTNT dated March 29, 2011 of the Minister of Agriculture and Rural Development, providing for examination, assessment of establishments that produce and trade agricultural materials and agricultural-forest-aquatic products;

e) For provinces, central-affiliated cities where have natural conditions in conformity with characteristics an d natural behavior of swifts, studying, assessing conditions to formulate planning on concentrated zones for farming swifts and submit to the provincial People’s Committee for approval.

2. Responsibilities of Livestock Department

a) Examining and urging provinces and central-affiliated cities in effective implementation of this Circular;

b) Coordinating with the provincial Departments of Agriculture and Rural Development in examining periodically, ad hoc implementation of this Circular, timely detecting shortcomings in the course of management so as to propose timely to the Minister of Agriculture and Rural Development and chairpersons of provincial People’s Committees for remedies;

c) Reviewing, supplementing, amending and formulating standards, technical regulations and technical process of farming swifts, process of preliminary processing and preserving products, submitting the Minister of Agriculture and Rural Development for promulgation of documents guiding techniques of farming swifts ensuring biological safety.

3. Responsibilities of the Animal Health Department:

a) Directing the provincial Animal Health Sub-department in examining conditions on veterinary hygiene of establishments of farming swifts, guiding measures to prevent against epidemics for swifts;

b) Attached veterinary agencies shall take sample twice one year to control epidemics, take sample ad hoc when there is abnormal death of bird or establishments located in region arising poultry epidemic influenza.

Chapter 4.

EFFECT

Article 9. Effect

1. This Circular takes effect on September 06, 2013.

2. For establishments of farming swifts before the effective date of this Circular, but not ensure conditions as prescribed in this Circular, they must have remedies not later than December 31, 2014.

3. The Chief of Ministerial office, Director of Livestock Department, Director of Animal Health Department, Directors of provincial Departments of Agriculture and Rural Development, heads of units, relevant organizations and individuals shall implement this Circular.

4. In the course of implementation, any arising problems should be reported to the Ministry of Agriculture and Rural Development for timely amending and supplementing conformably.