Nội dung toàn văn Official Dispatch No.272/CLTY-CL dated 2008 guiding the implementation of Decision No. 01/2008/QD-BNN
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT | SOCIALIST REPUBLIC OF VIETNAM |
No.: 272/CLTY-CL | Hanoi, January 31, 2008 |
To: | - Enterprises producing and trading frozen fish |
On January 04, 2008, the Ministry of Agriculture and Rural Development issued Decision No. 01/2008/QD-BNN regulating the labeling, glazing and use of additives in processing frozen fish products (Appendix 1). The Department of management of quality, safety of aquatic veterinary hygiene informs the enterprises of implementation of Decision as follows:
1. Objectives:
Contributing to protect the prestige and quality of Vietnamese frozen fish on domestic and international market and prevent commercial fraud phenomenon.
2. Subjects, scope and mode of inspection:
2.1. Subjects of inspection:
Batches of frozen fish (especially catfish) for export and domestic consumption;
2.2. Scope of inspection:
- Export and processing facilities and processing facilities of frozen fish for export;
- Processing facilities of frozen fish for domestic consumption, including sampling for re-inspection at retail stores;
2.3. Mode of inspection
2.3.1. For batches of frozen fish subject to inspection to be issued with Certificate of quality for export and domestic consumption:
Inspecting the labeling, use of additives and glazing of products at enterprises at the same time of inspection of uniformity, organoleptic and physical test of batches;
2.3.2. For processing facilities of frozen fish for export and retail facilities on domestic market:
Irregularly inspecting batches and production facilities of frozen fish when there are signs of violation or decided by the competent authorities;
2.3.3. Procedures for inspection: Under the guidance specified in Appendix 2
3. Contents and method of inspection and handling of violation in production and business of frozen fish:
3.1. Contents and method of inspecting the labeling:
3.1.1. Required contents written on goods labels and labeling requirements: As specified in Table 1.
Table 1.
No. | Contents | Labeling requirements |
1 | Name of product (commercial and scientific name of fish) | - Written on the small and large packaging of products. - With clearness, legibility, no blurring and erasing. - Written in English or language of importing country if exported goods; - Grounds for establishment of required labeling (under regulations of Vietnam, Codex and some major importing countries of frozen fish) specified in Appendix 3. - Commercial and scientific name (Latin) of catfish are specified in Appendix 4. In case of export to other markets (without name listed in Appendix 4), the regulations of Vietnam shall be applied; |
2 | Net weight | |
3 | Date, month and year of production or expiry date | |
4 | Enterprise’s quality code (issued by NAFIQAVED) | |
5 | Name of producer/producing country |
3.1.2. Inspection method:
- Sampling of batch: under TCVN 2068:1993 frozen Seafood - Test method.
- Actual inspection of labeling of production facilities with the contents and requirements specified at Section 3.1.1.
- Inspection and comparison of product before and after defrosting with the contents written on the goods labels;
3.2. Contents and method of inspecting the use of food additives:
3.2.1. Contents of inspection:
The water-retaining additives which are allowed to use in processing frozen fish (under regulations of Vietnam, Codex and some major importing countries) are mentioned in Appendix 5.
Method of taking and processing samples to analyze the phosphorus-based chemicals with water-retaining characteristics is presented in Appendix 6;
Where enterprises use additives permitted in processing frozen fish (including water-retaining additives) not subject to the substances specified in Appendix 5, they must send a written suggestion to the Department for coordinated monitoring;
3.2.2. Inspection method:
- Reviewing the additive products in the store and information written on product label (not in use) to determine they are in the list used with permission and their quality;
- Reviewing GMP / HACCP dossier and recording the process of production of additives used in order to calculate the theoretical content of additive used compared with the maximum permissible limit;
- Organoleptically evaluating the products after defrosting ( gloss, elasticity and water retention…). If there are doubts about the use of water-retaining additive in excess of the prescribed limit on the products, these products must be sampled and brought to the lab to determine the content of phosphate and other water-retaining substances;
3.3. Contents and method of determining the ratio of glazing:
3.3.1. Contents of inspection:
The percentage of glazing for frozen fish products is specified in Table 2:
Table 2
No. | Market | Percentage of glazing calculated by % with quantity of frozen product |
1 | Singapore, Russian Federation, Ukraine, Belarus | Not higher than 20 |
2 | EU and other markets | According to the regulations of each market, but not higher than 20 |
3 | Domestic market | Not higher than 10 |
3.3.2. Inspection method:
- Correctly weighing frozen sample of fish (X1).
- Defrosting it as stipulated;
- Correctly weighing the defrosted sample of fish (X2).
- Calculating the percentage of glazing water of product by the following formula:
% glazing water
3.4. Handling of violation
3.4.1. The legal grounds for the handling of violation with respect to the use of additives, labeling and glazing of frozen fish products are specified in Appendix 7.
3.4.2. Summary of forms of handling of violation with respect to the use of additives, labeling and glazing of products under the Decision No. 01/2008/QD-BNN dated January 04, 2008 is specified in Table 3.
No. | Content of violation | Form of handling | Legal grounds |
1 | Goods labeling | ||
1.1 | Missing one of 5 contents specified in Section 3.1.1 | Required addition or change of packaging | Article 17, Decree No. 175/2004; Article 12, Decree No. 126/2005; Article 13, Decree No. 95/2007; |
1.2 | Label is illegible, blurred or erased | Required change of packaging or label | Article 12, Decree No. 126/2005; Article 13, Decree No. 95/2007; |
1.3 | Label with incorrect contents specified in Section 3.1.1 | - First time: No issue of quality certificate; Sanction; | Article 2, Decision No. 01/2008/QD-BNN Article 12, Article 19, Decree No.126/2005; Article 13, Decree No. 95/2007; |
- Recidivism: No issue of quality certificate; Sanction; Wide publication | Article 2, Decision No. 01/2008/QD-BNN Article 12, Article 19, Decree No. 126/2005; Article 13, Decree No. 95/2007; | ||
2 | Use of food additives | ||
2.1 | Content of additive in excess of prescribed limit
| - First time: Exceeding less than 30% of maximum level: warning Exceeding more than 30% of maximum level: required recycling | Article 15, Decree No. 45/2005; Article 15, Article 16, NĐ 128/2005; |
- Recidivism: No issue of quality certificate; Sanction; Wide publication | Article 2, Decision No. 01/2008/QD-BNN Article 15, Decree No. 45/2005; Article 15, Article 16, Decree No. 128/2005; | ||
2.2 | Use of additives used with permission in food processing but not included in the list used for frozen fish | - Firs time: warning | Article 2, Decision No. 01/2008/QĐ-BNN |
- Recidivism: No issue of quality certificate; Sanction; Wide publication | Article 2, Decision No. 01/2008/QD-BNN Article 15, Decree No.45/2005; | ||
2.3 | Use of additives used with permission in food processing but not the refined products for use in food | - Firs time: Required destruction of batch Sanction | Article 2 of Decision No. 01/2008/QD-BNN |
- Recidivism: Required destruction of batch Sanction Wide publication | - Article 15, Decree No.45/2005; - Article 15, Article 16, Decree No.128/2005; - Article 1, Decree No.154/2006; | ||
2.4 | Use of additives not included in the list used in food with permission | Required destruction of batch of goods Sanction Wide publication | - Article 15, Decree No. 45/2005; - Article 15, Article 16, Decree No.128/2005; - Article 1, Decree No.154/2006; |
3 | Percentage of product glazing | ||
3.1 | Exceeding the prescribed limit but sufficient net weight, or lack of but not less than 5% | Warning | Article 2 of Decision No. 01/2008/QD-BNN |
3.2 | Exceeding the prescribed limit; lack of net weight from 5% or more | - First time: Required recycling of batch of goods Sanction | Article 1, Decree No.154/2006; Article 19, Decree No.126/2005; |
- Recidivism: Required recycling of batch of goods Sanction Wide publication | Article 1, Decree No.154/2006; Article 19, Decree No.126/2005; | ||
4. Implementation:
For batches of goods produced before February 15, 2008 have not met the provisions of Decision No. 01/2008/QD-BNN dated January 04, 2008 and the guidance in this dispatch, the enterprises should make declaration under the Form specified in Appendix 8. Based on the enterprises’ reports, the Department shall direct the regional Centers for quality, safety of aquatic veterinary hygiene to conduct the actual inspection of batches of goods and make reports to the Department. On that basis, the Department shall request the guidelines from the leaders of the Ministry and inform the regional Centers and enterprises of the settlement.
All units are requested to perform this guidance well./.
| HEAD OF DEPARTMENT |
