Circular No. 31/2022/TT-BNNPTNT dated December 30, 2022 on amendments to some articles of the Circular No. 21/2019/TT-BNNPTNT elaborating to a number of articles of Law on animal husbandry regarding animal feed

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF THE CIRCULAR NO. 21/2019/TT-BNNPTNT DATED NOVEMBER 28, 2019 OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT ELABORATING TO A NUMBER OF ARTICLES OF LAW ON ANIMAL HUSBANDRY REGARDING ANIMAL FEED

Pursuant to the Government’s Decree No. 105/2022/ND-CP dated December 22, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Animal Husbandry dated November 19, 2018;

At the request of the Director General of the Department of Livestock Production;

The Minister of Agriculture and Rural Development hereby promulgates a Circular on amendments to some Articles of the Circular No. 21/2019/TT-BNNPTNT dated November 28, 2019 of the Minister of Agriculture and Rural Development elaborating to a number of articles of Law on Animal Husbandry regarding animal feed.

Article 1. Amendments to some articles of the Circular No. 21/2019/TT-BNNPTNT dated November 28, 2019 of the Minister of Agriculture and Rural Development elaborating to a number of Articles of Law on Animal Husbandry regarding animal feed (hereinafter referred to as “the Circular No. 21/2019/TT-BNNPTNT”)

1. Clause 4 of Article 4 is amended as follows:

“4. Animal feed containing veterinary drugs to prevent and cure diseases of domestic animals

a) Complete feeds for livestock and poultry and concentrate feeds for grass-fed livestock which contain veterinary drugs with antibiotics to prevent and cure diseases of domestic animals must fully specify name and content of antibiotics, uses of antibiotics, instructions for use, dosing interval, name and address of the farm or livestock establishment (in the case of treatment or preventive treatment) on the labels or attached documents while in circulation in a manner that is consistent with those written on the prescription given by the veterinary prescriber in accordance with regulations of law on husbandry and veterinary medicine.

b) Complete feeds for livestock and poultry and concentrate feeds for grass-fed livestock which contain over-the-counter veterinary drugs to prevent and cure diseases of domestic animals must fully specify name and content of active ingredients that provide effect in the prevention and cure of diseases; uses; instructions for use; dosing interval on the labels or attached documents while in circulation in a manner that is consistent with the veterinary drug manufacturer’s instructions for use and law on management of veterinary drugs.”

2. Clause 5 is added after clause 4 of Article 4 as follows:

“5. Regarding any animal feed whose conformity has been declared before being circulated in the market, the conformity mark shall be displayed as follows:

a) If the animal feed is the one specified in clause 2 or 3 of this Article, the conformity mark shall be displayed in the attached document specified in the Appendix III to this Circular;

b) If the animal feed is not the one specified in point a of this clause, the conformity mark shall be displayed on its the label or package or in the technical documentation accompanied with the batch while in circulation. The technical documentation shall contain at least name of the establishment responsible for the feed and manufacturing address, facilitating its traceability; name of the feed; number of the standard applied.”

3. Article 5 is amended as follows:

“Article 5. Reporting of manufacture and inspection of quality of animal feeds

1. Every manufacturer of commercial animal feeds and order-based animal feeds shall submit a monthly report on animal feed manufacture using the form provided in the Appendix IV to this Circular to the Department of Livestock Production and local Department of Agriculture and Rural Development through the Livestock Industry Database of the Ministry of Agriculture and Rural Development or by post or fax or email or in person before the 07^th of the month following the reporting period; an ad hoc report at the request of a competent authority.

2. The Department of Agriculture and Rural Development shall submit a quarterly report on result of inspection of animal feed quality using the form provided in the Appendix IVa to this Circular to the Department of Livestock Production and the Inspectorate of the Ministry of Agriculture and Rural Development through the Livestock Industry Database of the Ministry of Agriculture and Rural Development or Vietnam Data Exchange Platform or by post or fax or email or in person before the 07th of the month following the reporting period; an ad hoc report at the request of a competent authority.

The Department of Livestock Production shall preside over and cooperate with the Inspectorate of the Ministry of Agriculture and Rural Development in consolidating results of inspection and control of quality of animal feeds nationwide.”

Article 2. Amendments, replacement and annulment of some contents and Appendices of Circular No. 21/2019/TT-BNNPTNT

1. The 13^th indicator “can trùng sống” (“live insects”) is removed from section 1 in Appendix I.

2. The “Notes” in Section 1 of Appendix I is amended as follows:

“- The testing of Metabolizable energy (ME) is optional during state management;

- *Including substitutions of Methionine.”

3. The “Notes” in Section 3 of Appendix I is amended as follows:

“- The testing of “moisture or water content” is optional in the case of liquid products;

- *Choose an appropriate indicator or result reporting method depending on the products (E.g. The result reporting method shall be “not less than” with respect to vitamin and amino acid);

- **Not applicable to liquid products.”

4. The phrase “Chỉ tiêu chất lượng quyết định bản chất và công dụng sản phẩm” (“Quality indicators determining nature and uses of products”) in ordinal number 3 Section 3 in Appendix I and in ordinal number 3 Section 4 in Appendix I is replaced with the phrase “Chỉ tiêu chất lượng” (“Quality indicator”) .

5. The “Notes” in Section 4 of Appendix I is amended as follows:

“- Single ingredient with or without a technical substance (other than a carrier) is required to be added during the manufacturing or finishing process to maintain the specification of the single ingredient and not alter the nature of the single ingredient; name and content of the technical substances must be provided in the “ingredient” section in the standard applied and product labels;

- The “moisture or water content” indicator is not applicable to liquid products;

- *Choose an appropriate indicator or result reporting method depending on the products (E.g. The result reporting method shall be “not less than” with respect to vitamin and amino acid);

- **Not applicable to liquid products.”

6. Point e Section 5 of Appendix I is amended as follows:

“e) Quality indicator

Quality indicators include primary substances and other substances.

Regarding complete feeds for livestock and poultry; concentrate feeds for grass-fed livestock which contain veterinary drugs with antibiotics; over-the-counter active ingredients that provide effect in the prevention and cure of domestic animal diseases under regulations of law on veterinary medicine, information about the antibiotics; information about active ingredients of the veterinary drugs are not required to be specified in the quality indicator table under the standard applied but are required to be specified on the labels or attached documents while in circulation as prescribed in clause 4 Article 4 of this Circular.

Regarding an animal feed manufactured in water containing a quality indicator which has not been tested by a designated or recognized testing method, it is not required to specify content of such quality indicator in the quality indicator table under the standard applied and its label but is required to specify quantity of the ingredient containing such quality indicator.

7. The phrase “Thông tin kháng sinh” (“Antibiotics information”) on the label in Section 1, Section 2 in Appendix II; Section 6 in Appendix III is replaced with the phrase “Thông tin kháng sinh; hoạt chất phòng, trị bệnh” (“Information about antibiotics; active ingredients providing effect in disease prevention and cure”).

8. The phrase “- Đối với thức ăn chăn nuôi nhập khẩu, việc ghi nhãn phụ phải thực hiện theo quy định tại Nghị định số 43/2017/ND-CP ngày 14 tháng 4 năm 2017 của Chính phủ về nhãn hàng hóa và quy định tại Thông tư này” (“- With respect to imported animal feeds, the labeling of supplementary labels must comply with the regulations in Decree No. 43/2017/ND-CP dated April 14, 2017 of Government on goods labels and those in this Circular”) in the 3rd bullet point from the top in the Notes of Section 1, Section 2 and Section 3 in Appendix II is replaced with the phrase “- Đối với thức ăn chăn nuôi nhập khẩu: nhãn gốc theo quy định của pháp luật về nhãn hàng hóa, nhãn phụ theo quy định của pháp luật về nhãn hàng hóa và Thông tư này” (“- With respect to imported animal feeds, original labels must comply with regulations of law on goods labels and supplementary labels must comply with regulations of law on goods labels and this Circular”).

9. The Appendix IV is replaced with the Appendix IV to this Circular.

10. The Appendix IVa to this Circular is added.

11. Some contents in the Appendix VI are amended as follows:

a) The phrase “CaCO3” is added after the phrase “đá mảnh” (“granules of natural stones”) in ordinal number 5 of Section I.

b) The following ingredients are added to ordinal number 6 of Section I:

Inactive yeast: Irradiated yeast; hydrolyzed yeast; dried Torula yeast or dried Candida yeast; yeast cultured in a molasses medium; dried yeast; by-products from the production of amino acids used as animal feeds; other traditional feed ingredients.

c) The following active ingredients are added to ordinal number 2.1 clause 1 of Section II:

Cobalt acetate; Cobalt sulfate; Copper carbonate; Copper chelate; Copper chloride hydroxide; Copper polysaccharide; Chromium nicotinate; Chromium chelate; Sodium iodide; Potassium iodate; Potassium iodine; Calcium periodate; Iodine chelate; Zinc chelate; Zinc gluconate; Zinc polysaccharide; Manganese chelate; Magnesium acetate; Magnesium polysaccharide; Iron chelate; Iron polysaccharide; Selenium chelate; Selenium polysaccharide; Potassium chelate.

d) The phrase “Calcium carbonate (limestone), Calcareous marine shells, (Gizzard) Redstone” is removed from 2.2 clause 1 of Section II.

dd) The following active ingredients are added to ordinal number 2.2 clause 1 of Section II:

Ammonium sulfate; Calcium chelate; Calcium Diphosphate; Calcium bentonite; Calcium hydrogen phosphorus; Bentonite Calcium Montmorillonite; Hydrous aluminium phyllosilicates; Clay mica; Saponite; Sodium aluminum bentonite; Zeolite; Sodium lignosulfonate; Kaolin; Kaolinite; Quartz; Plagioclase; Rutile; Silica; Biotite; Calcium magnesium carbonate.

e) The following microorganisms are added to ordinal number 2 clause 2 of Section II:

Aspergillus aculeatus; Aspergillus niger; Aspergillus oryzae; Bacillus cereus var toyoi; Bacillus coagulans; Bacillus megaterium; Bacillus mesentericus; Bacillus polymyxa; Bacillus pumilus; Bifidobacterium bifidum; Bifidobacterium longum; Bifidobacterium lactis; Bifidobacterium thermophilum; Bacillus clausii; Coriobacteriaceae; Candida utilis; Cyberlindnera jadinii; Fumonisin esterase; Haematococcus pluvialis; Lactobacillus bulgaricus; Lactobacillus lactis; Lactobacillus reuteri; Lactobacillus sporogenes; Lactococcus lactis; Lactobacillus buchneri; Lactobacillus hilgardii; Pseudomonas fluorescens; Torulopsis bovina; Torulopsis glabrata; Pichia farinosa; Streptococcus faecalis; Streptococcus faecium; Streptococcus thermophilus; Saccharomyces cerevisiae boulardii; Trichosporon mycotoxinivorans; Trichoderma longibrachiatum; Trichoderma reesei; Nitrosomonas; Salmonella gallinarum bacteriophage; Salmonella typhimurium bacteriophage; Salmonella enteritidis bacteriophage; Clostridium perfringens bacteriophage; Escherichia coli bacteriophage.

g) The following active ingredients are added to ordinal number 3 clause 2 of Section II:

- Inactive beneficial microorganisms (excluding inactive yeast); Alcohol ethylic; Alcohols; Alcool benzylique; Aldehyde C18; Ammonium hydroxide; Amonium formate; Amorphous; Amyl acetate; Aspartame; Inulin; yeast cell wall.

dd) The following active ingredients are added to ordinal number 12 clause 3 of Section II:

Calcium stearate; Carrageenan kappa; Carrageenans; Chitosan oligosaccharide; Choline bitartrate; Coenzyme Q10; Cyclamate; Di- triglycerides butyrate; Diglyrecides of Lauric acid; Diglyrecides of propionic acid; Docosahexaenoic acid (DHA); Dimethyl succinate; Dextrin; D-xylose; Eicosapentaenoic acid (EPA); Ethyl caprylate; Ethyl cellulose; Fructo oligosaccharide; Glucomannoprotein; Glucono delta lactone; Glycerin monostearate; Glycerol fatty acid ester; Glycerol tributyrate; Glyceryl polyethylene glycol ricinoleate; Gummi Arabicum; Isomer t10,c12; Isomer t11,c9; Isovalerate; Isovaleric acid; Leonardite; L-Glutathionone; Lignosulfonate; Locust bean gum; Lysolecithin; Sodium salts of lactylates of lauric and myristic acids; Lysophosphatidic acid (LPA); Sodium metabisulfite; Lysophospholipids; Lysophosphatidylcholine; Lysophosphatidylinositol; Sodium salts of lactylates of fatty acids; Methional; Methyl donors; Methyl p-hydroxybenzoate; Methylsulfonylmethane; Mineral oil; Monoglycerides of butyric acid; Monoglycerides of Lauric acid; Monoglycerides of propionic acid; N,N-Dimethylglycine HCl; Phytic acid; Polydimethylsiloxane; Polyethylene wax; Polysaccharide; Polyvinyl alcohol; Propyl Benzoate; Propyl p- Hydroxybenzoate; Sodium carboxymethyl cellulose; Sodium lauryl sulphate; Sodium saccharin dehydrate; Stearic acid; Tri, di, and mono phosphosphate ester of ascorbic acid; Tricholine citrate; Triglycerides of Lauric acid; Trisodium citrate; Polyglutamic acid; 2-hydroxy propanoic acid; Sodium hexametaphosphate; Mono, di and tri glycerides of fatty acid; Triglyceride of fatty acid; Triglycerides; Khoáng dầu (Mineral oil); Sodium saccharin dehydrate; Sodium saccharin anhydrous; Poly (2-vinylpyridine-co-styrene); Fatty acids esterified with glycerol; Sepiolite clay; Dolomite; Amorphous silica; Magnesium aluminum silicate; Polyvinylpyrrolidone; Lysophosphatidylethanolamine.

i) The following active ingredients are added to ordinal number 1 clause 4 of Section II:

Blue aluminum lake; Lucantin pink; Dioxide titanium; Edical carmoisine; Green pigment; Indigo carmine; Iron oxide brown; Iron oxide orange; Iron oxide Red; Lake carmoisine; Lake sunset yellow; Lake Tartrazine; Natracol Titanium dioxide; Radish red pigment.

k) The following active ingredients are added to clause 5 of Section II:

Beta-Sinensal; Phenethyl alcohol; Delta-Decalactone; Trans-Anethole; D- decalactone; 2-Undecanone; Isoamyl acetate; 3-methylthio propanol; Isoamyl isovelerate; 3-Phenyl-2-propenal; Natural Terpenes; 4-methyl-5-thiazoleethanol.

Article 3. Transitional clauses

1. If the labels of animal feeds containing veterinary drugs printed before the effective date of this Circular have yet to comply with the labeling regulations set out in this Circular, they may be used until December 31, 2024 inclusively.

2. If the animal feeds which carry labels as prescribed in clause 1 of this Article are manufactured before the effective date of this Circular, they may be circulated unitl their expiry.

3. If the animal feeds which carry labels as prescribed in clause 1 of this Article are manufactured after the effective date of this Circular, they shall, when circulated in the market, be accompanied by a document stating information about the antibiotics, active ingredients providing effect in disease prevention and cure as prescribed in clause 4 Article 4 of the Circular No. 21/2019/TT-BNNPTNT amended by clause 1 Article 1 of this Circular.

4. If the head office or manufacturing address is changed due to the change of the administrative division, the animal feed manufacturer may continue to use all labels that contain such head office or manufacturing address prior to change.

Article 4. Implementation clause

1. This Circular comes into force from February 20, 2023.

2. The Director General of the Department of Livestock Production, heads of units affiliated to the Ministry and organizations and individuals concerned are responsible for the implementation of this Circular.

Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Agriculture and Rural Development (through the Department of Livestock Production) for consideration and resolution./.