CIRCULAR

PROMULGATION OF NATIONAL TECHNICAL REGULATION ON ANIMAL FEED AND INGREDIENTS IN AQUACULTURE FEED

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Technical Standards and Regulations 2006;

Pursuant to the Law on Quality of Products and Goods 2007;

Pursuant to the Law on Fishery 2017;

Pursuant to the Law on Animal Husbandry 2018;

Pursuant to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on elaboration of a number of Articles of the Law on Technical Regulations and Standards;

Pursuant to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on elaboration of a number of Articles of the Law on Quality of Products and Goods;

Pursuant to the Government's Decree No. 74/2018/ND-CP dated May 15, 2018 on amendments to the Government's Decree No. 132/2008/ND-CP dated December 31, 2008 on elaboration of a number of Articles of the Law on Quality of Products and Goods;

Pursuant to the Government's Decree No. 78/2018/ND-CP dated May 15, 2018 on amendments to the Government's Decree No. 127/2007/ND-CP dated August 01, 2007 on elaboration of a number of Articles of the Law on Technical Regulations and Standards;

Pursuant to the Government's Decree No. 26/2019/ND-CP dated March 08, 2019 on guidelines for implementation of the Law on Fisheries;

Pursuant to the Government’s Decree No. 13/2020/ND-CP dated January 21, 2020 on elaboration of the Law on Animal Husbandry;

At the request of the Director General of the Directorate of Fisheries, the Director of the Department of Livestock Production and the Director of the Department of Science, Technology and Environment,

The Minister of Ministry of Agriculture and Rural Development hereby promulgates a National technical regulation on animal feed and ingredients in aquaculture feed.

Article 1. The National technical regulation on animal feed and ingredients in aquaculture feed - Maximum level of undesirable substances is promulgated together with this Circular.

Code: QCVN 01 - 190: 2020/BNNPTNT

Article 2. Effect

1. This Circular comes into force from July 01, 2020.

2. This Circular supersedes the Circular No. 61/2011/TT-BNNPTNT dated September 12, 2011 of the Minister of Agriculture and Rural Development on promulgation of the National technical regulation on animal feed.

Article 3. Transitional clause

1. The assessment of conformity of imported animal feeds specified in this National technical regulation which has been carried out before the effective date of this Circular and has not been completely done shall comply with regulations applicable at the time of receiving documents shall apply.

2. The shipments of imported animal feed and ingredients in aquaculture feed specified in this National technical regulation which have been granted customs clearance before the effective date of this Circular are not required to follow procedures for submission of declarations of conformity.

3. Domestically manufactured animal feed and ingredients in aquaculture feed specified in this National technical regulation for which information declaration has been made or applied for on the web portal of the Ministry of Agriculture and Rural Development or which has had their information sent to the Ministry of Agriculture and Rural Development before the effective date of this Circular but have not had their declarations of conformity submitted shall be manufactured and sold, and follow procedures for submission of declarations of conformity before July 01, 2021.

Article 4. Implementation

Director of Department of Science, Technology and Environment; Director General of Directorate of Fisheries; Director of Department of Livestock Production; heads of relevant units affiliated to the Ministry of Agriculture and Rural Development; Directors of Departments of Agriculture and Rural Development of provinces and central-affiliated cities and relevant organizations and individuals are responsible for the implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Agriculture and Rural Development for consideration./.

QCVN 01 - 190: 2020/BNNPTNT

NATIONAL TECHNICAL REGULATION ANIMAL FEED AND INGREDIENTS IN AQUACULTURE FEED - MAXIMUM LEVEL OF UNDESIRABLE SUBSTANCES

Foreword

QCVN 01 - 190: 2020/BNNPTNT is developed by the Directorate of Fisheries and Department of Livestock Production, submitted by the Department of Science, Technology and Environment for approval and promulgated together with the Circular No. 04/2020/TT-BNNPTNT dated March 09, 2020 by the Minister of Agriculture and Rural Development.

NATIONAL TECHNICAL REGULATION ANIMAL FEED AND INGREDIENTS IN AQUACULTURE FEED - MAXIMUM LEVEL OF UNDESIRABLE SUBSTANCES

I. GENERAL

1. Scope

This National technical regulation (hereinafter referred to as the “document”) provides for maximum level of undesirable substances and regulations on management of ingredients in aquaculture feed and animal feed (including traditional feed, feed additives, complete feed and concentrated feed for domestic animals except for complete feed and concentrated feed for domestic animals specified in QCVN 01-183: 2016/BNNPTNT promulgated together with the Circular No. 27/2016/TT-BNNPTNT of the Minister of Agriculture and Rural Development on promulgation of National technical regulation on animal feed).

2. Regulated entities

This document applies to organizations and individuals whose operations involve trading in animal feed and ingredients in aquaculture feed within the territory of Vietnam.

3. Normative references

AOAC 975.08. Fluorine in animal feed, Ion selective electrode method.

AOAC 986.15. Arsenic, cadmium, lead, selenium and zinc in human and pet foods.

EN 16277:2012. Animal feeding stuffs - Determination of mercury by cold-vapour atomic absorption spectrometry (CVAAS) after microwave pressure digestion (extraction with 65 % nitric acid and 30 % hydrogen peroxide).

TCVN 7596:2007 (ISO 16050:2003). Foodstuffs – Determination of aflatoxin B1, and the total content of aflatoxin B1, B2, G1 and G2 in cereals, nuts and derived products – High-performance liquid chromatographic method.

TCVN 7602:2007 (AOAC 972.25). Foodstuffs – Determination of lead content by atomic absorption spectrophotometric method.

TCVN 7603:2007 (AOAC 973.34). Foods – Determination of cadmium content by atomic absorption spectrophotometric method.

TCVN 7604:2007 (AOAC 971.21). Foods – Determination of mercury content by flameless atomic absorption spectrophotometric method.

TCVN 7924 - 2: 2008. Microbiology of food and animal feeding stuffs - Horizontal method for the enumeration of β-glucuronidase-positive Escherichia coli - Part 2: Colony-count technique at 44°C using 5-bromo-4-chloro-3-indolyl β-D-glucuronide.

TCVN 8126:2009. Foods - Determination of lead, cadmium, zinc, copper, and iron-Atomic absorption spectrophotometry after microwave digestion.

TCVN 6121:2010 (ISO 3960:2007). Animal and vegetable fats and oils - Determination of peroxide value - Iodometric (visual) endpoint determination.

TCVN 6125:2010 (ISO 663:2007). Animal and vegetable fats and oils - Determination of insoluble impurities content.

TCVN 8763:2011. Animal feeding stuffs – Determination of hydrocyanic acid content – Titrimetric method

TCVN 9125:2011. Animal feedings stuffs - Determination of free and total gossypol.

TCVN 9126:2011 (ISO 17375:2006). Animal feeding stuffs - Determination aflatoxin B1. High-performance liquid chromatography with post-column derivatization.

TCVN 9588:2013 (ISO 27085:2009). Animal feeding stuffs - Determination of calcium, sodium, phosphorus, magnesium, potassium, iron, zinc, copper, manganese, cobalt, molybdenum, arsenic, lead and cadmium by ICP-AES.

TCVN 10494:2014. Animal feeding stuffs - Determination of ammonia nitrogen content.

TCVN 11282:2016 (AOAC 996.13). Animal feeding stuffs -Determination of ethoxyquin content- Fluorometric method.

TCVN 11291:2016 (AOAC 957.22). Animal feeding stuffs - Determination of total arsenic content - Colorimetric method.

TCVN 10780-1:2017 (ISO 6579:1:2017). Microbiology of the food chain. Horizontal method for the detection, enumeration and serotyping of Salmonella - Part 1: Detection of Salmonella spp.

II. TECHNICAL REQUIREMENTS

1. Maximum level of undesirable substances in traditional feed and ingredients in aquaculture feed are provided in the Appendix I hereof.

2. Maximum level of undesirable substances in feed additives (not applicable to aquaculture feed) are provided in the Appendix II hereof.

3. Maximum level of undesirable substances in complete feed and concentrated feed for domestic animals (not applicable to aquaculture feed) are provided in the Appendix III hereof.

III. PREPARATION OF SAMPLES AND TEST METHODS

1. Preparation of samples

In compliance with TCVN 6952:2001 (ISO 9498:1998). Animal feeding stuffs – Preparation of test samples

2. Test methods

Methods for testing for undesirable substances provided in Section II hereof are as follows:

 ⁽¹⁾Amended or replaced test methods or other test methods appointed or recognized as prescribed by law may be adopted.

IV. REGULATORY REQUIREMENTS

1. Declaration of conformity

Animal feed and ingredients in aquaculture feed of organizations and individuals mentioned in Clause 2 Section I of this document shall comply with technical requirements specified in this document.

The traders specified in Clause 2 Section I of this document are required to submit declarations of conformity of commercial animal feed and ingredients in aquaculture feed before they are sold on the market; household businesses (that manufacture, trade in and preliminarily process) are not required to submit declarations of conformity of commercial traditional feed and ingredients in aquaculture feed.

1.1. Regarding traditional feed, complete feed and concentrated feed for domestic animals and ingredients in aquaculture feed: A declaration of conformity shall be submitted using 01 of the 03 following results:

a) Result of conformity self-assessment made by the organization or individual.

b) Certification result given by a certification body that has registered its certification services or has been accredited as prescribed by law.

c) Certification result given by a certification body appointed as prescribed by law.

1.2. Regarding feed additives: Declarations of conformity shall be submitted according to the certification result given by a certification body appointed as prescribed by law.

2. Conformity assessment methods and procedures for submission of declarations of conformity

2.1. Conformity assessment methods

2.1.1. Conformity assessment shall be conducted using Method 5 or Method 7 mentioned in the Circular No. 28/2012/TT-BKHCN dated December 12, 2012 of the Ministry of Science and Technology (hereinafter referred to as the “Circular No. 28/2012/TT-BKHCN”) and Circular No. 02/2017/TT-BKHCN dated March 31, 2017 of the Ministry of Science and Technology (hereinafter referred to as the “Circular No. 02/2017/TT-BKHCN”).

If a manufacturer has been granted the Certificate of eligibility for manufacturing of animal feed or Certificate of eligibility for manufacturing of aquaculture feed that remains effective, it is not required to assess its manufacturing process.

2.1.2. Sample of each product that will have its declaration of conformity submitted shall be collected to assess conformity of all undesirable substances specified in this document.

2.1.3. Sample of each domestically manufactured product that has had its declaration of conformity submitted using Method 5 shall be collected to carry out maintenance inspection every 12 months and test for all undesirable substances specified in this document at least every 03 years per substance.

2.1.4. The collection of test samples for conformity assessment purpose shall comply with regulations of the Ministry of Agriculture and Rural Development or National technical regulation or National standard on sampling of animal feed and aquaculture feed.

2.2. Procedures for submission of declarations of conformity of domestically manufactured products

2.2.1. Procedures for submission of declarations of conformity shall comply with regulations laid down in the Circular No. 28/2012/TT-BKHCN and 02/2017/TT-BKHCN.

The authority receiving documents for registration of declarations of conformity is a specialized authority in the area where the manufacturing takes place or business is registered: the Department of Agriculture and Rural Development of a province or central-affiliated city or animal feed authority or aquaculture feed authority assigned tasks by the Department of Agriculture and Rural Development.

2.2.2. Submission of declaration of conformity of a product that is both traditional feed and ingredients in aquaculture feed: The declarant is required to follow only 01 procedure for submission of the declaration of conformity according to the following principle:

a) Conformity of all undesirable substances specified in this document shall be assessed.

b) In case of submitting the declaration of conformity using the certification result given by a certification body: the declarant shall select a body certifying conformity of animal feed or body certifying conformity of aquaculture feed to conduct assessment. The body shall issue a Certificate that states “sản phẩm phù hợp yêu cầu kỹ thuật của thức ăn truyền thống và nguyên liệu sản xuất thức ăn thủy sản” (“the product has complied with technical requirements applied to traditional feed and ingredients in aquaculture feed”).

c) The declarant shall submit documents for registration of declarations of conformity to one of the receiving authorities specified in 2.2.1 of this document. The receiving authority shall issue a notice of receipt of documents for registration of declarations of conformity, which states “sản phẩm phù hợp yêu cầu kỹ thuật của thức ăn truyền thống và nguyên liệu sản xuất thức ăn thủy sản” (“the product has complied with technical requirements applied to traditional feed and ingredients in aquaculture feed”).

2.3. Procedures for submission of declarations of conformity of imported products

a) Procedures for submission of declarations of conformity of imported animal feed and ingredients in aquaculture feed shall comply with regulations of law on quality of products and goods; technical regulations and standards; management of animal feeds and aquaculture feed.

b) Results of conformity of the same undesirable substances in traditional feed and ingredients in aquaculture feed specified in this document shall be mutually recognized upon inspection of quality of imported traditional feed and ingredients in aquaculture feed.

V. IMPLEMENTATION AND RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

1. Organizations and individuals specified in Clause 2 Section I of this document shall comply with regulations of this document.

2. The Directorate of Fisheries and Department of Livestock Production shall disseminate and provide guidance on implementation of this document.

3. The Directorate of Fisheries, Department of Livestock Production and competent agencies shall organize and inspect the implementation of this document. The inspection and imposition of penalties for violations shall comply with regulations of law.

4. In the cases where any of the regulations or national standards referred to in this document is amended or replaced, the newest one shall apply.

APPENDIX I

MAXIMUM LEVEL OF UNDESIRABLE SUBSTANCES IN TRADITIONAL FEED AND INGREDIENTS IN AQUACULTURE FEED

I. Maximum level of undesirable substances in traditional feed and ingredients in aquaculture feed derived from fishery products

 ⁽¹⁾ In naturally-occurring and single or processed form, with or without technical substances.

Ethoxyquin is only applicable to ingredients in aquaculture.

Peroxide value and insoluble impurities are not applicable to ingredients in aquaculture.

II. Maximum level of undesirable substances in traditional feed and ingredients in aquaculture feed derived from terrestrial animals

 ⁽¹⁾ In naturally-occurring and single or processed form, with or without technical substances.

Ethoxyquin is only applicable to ingredients in aquaculture.

Peroxide value, insoluble impurities and ammonia nitrogen are not applicable to ingredients in aquaculture.

III. Maximum level of undesirable substances in traditional feed and ingredients in aquaculture feed derived from plants

 ⁽¹⁾ In naturally-occurring and single or processed form, with or without technical substances.

Peroxide value and insoluble impurities are not applicable to ingredients in aquaculture.

IV. Maximum level of undesirable substances in other traditional feed and ingredients in aquaculture feed

 ⁽¹⁾ In naturally-occurring and single or processed form, with or without technical substances.

APPENDIX II

MAXIMUM LEVEL OF UNDESIRABLE SUBSTANCES IN FEED ADDITIVES (NOT APPLICABLE TO AQUACULTURE FEED)

I. Maximum level of undesirable substances in single feed additives (single ingredients)

II. Maximum level of undesirable substances in premixed feed additives

 ⁽¹⁾ is the mixture of multiple single ingredients or mixture of one or more single ingredients with a carrier.

 ⁽²⁾ are the mixture of traditional feed (excluding concentrated feed) with or without single ingredients to provide domestic animals with nutrients.

 ⁽³⁾ Aflatoxin B1is only applicable to products that contain ingredients that are traditional feed derived from plants.

APPENDIX III

MAXIMUM LEVEL OF UNDESIRABLE SUBSTANCES IN COMPLETE FEED AND CONCENTRATED FEED⁽¹⁾  (NOT APPLICABLE TO AQUACULTURE FEED)

 ⁽¹⁾ Concentrated feed is a concentrate feed for grass-fed cattle.

 ⁽²⁾ Pets are animals that are not intended for use as human food.

 ⁽³⁾ Other domestic animals are not governed by the QCVN 01-183:2016/BNNPTNT promulgated together with the Circular No. 27/2016/TT-BNNPTNT dated July 26, 2016 of the Minister of Agriculture and Rural Development.