Do household businesses’ animal feed production facilities have to post is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main problems, common risks and appropriate solutions.
What conditions need to be met in order to produce animal feed?
Pursuant to Article 38 of the 2018 Law on Animal Husbandry, regulations on animal feed production conditions are as follows: after:
– Organizations and individuals producing commercial animal feed and animal feed to order must meet the following conditions:
+ The production facility location is not located in an area contaminated by hazardous waste or toxic chemicals;
+ Design the production area, arrange equipment according to one-way rules from input materials to output products, ensuring separation between production areas to avoid cross-contamination;
+ Have appropriate lines and equipment to produce animal feed;
+ Have measures to preserve animal feed ingredients as recommended by the supplying organization or individual;
+ Have measures to control harmful organisms, impurities, and contaminated waste so as not to affect the safety and quality of animal feed;
+ Have equipment and measuring tools that are tested and calibrated according to regulations;
+ Have or rent a testing laboratory to analyze the quality of animal feed during the production process;
+ The technical person in charge has a university degree or higher in one of the majors of animal husbandry, veterinary medicine, biology, food technology, post-harvest technology;
+ Facilities producing animal feed containing antibiotics must have control measures to ensure no spread or cross-contamination between different types of antibiotics, between animal feed containing antibiotics and animal feed not containing antibiotics;
+ Have environmental protection measures that meet the provisions of law on environmental protection.
In addition, Article 9 of Decree 13/2020/ND-CP also has detailed regulations on animal feed production conditions as follows:
– Point c, Clause 1, Article 38 of the Law on Animal Husbandry is detailed as follows:
Production lines and equipment in contact with animal feed must be made of materials that are easy to clean, do not cause cross-contamination, and do not transfer toxic substances from equipment to animal feed; The animal feed storage area must be ventilated, have enough light to observe with the naked eye, and have moisture-proof solutions to not affect product quality; Microbial biomass production facilities must have equipment to create an environment, store and cultivate microorganisms.
– Point dd, Clause 1, Article 38 of the Law on Animal Husbandry is stipulated in detail as follows:
Animal feed production facilities must have measures to control impurities (sand, metal, dust) that contaminate the product; Take measures to control, prevent and prevent animals from entering production areas and product storage areas; take measures to prevent and control termites; take measures to collect and treat waste to avoid product contamination and ensure environmental hygiene; take protective and hygienic measures for workers and visitors to the production area.”
Does a household business’s animal feed production facility have to register for a Certificate of eligibility for animal feed production?
According to Clause 8, Article 10 of Decree 13/2020/ND-CP stipulating the dossiers and procedures for applying for a Certificate of eligibility for animal feed production as follows: “Facilities producing (producing, pre-processing, processing) traditional animal feed for commercial purposes in households and business households are not required to issue a Certificate of eligibility for animal feed production.”Thus, for business households with facilities producing animal feed, there is no need to apply for a Certificate of eligibility for animal feed production. For feed production facilities used to raise pigs at home and for your family members, you do not need to register for a Certificate of eligibility for animal feed production.
Do animal feeds that are mixed by livestock business households for use in internal family farming require product declaration?
Pursuant to Clause 2, Article 36 of the 2018 Law on Animal Husbandry, regulations on announcement of animal feed products are as follows:
– Animal feed that does not have to be declared on the Electronic Information Portal of the Ministry of Agriculture and Rural Development includes:
+ Animal feed for internal consumption is animal feed mixed by the facility itself to serve the facility’s livestock needs, and cannot be exchanged or purchased on the market;
+ Animal feed made to order is animal feed produced according to an order between the ordering facility and the animal feed supplier, can only be used internally by the ordering facility, and cannot be exchanged or purchased on the market;
+ Other animal feed not regulated in Clause 1 of this Article.
From the above legal regulations, if you mix your own animal feed for use within your family, you do not have to declare your products.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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