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International Food safety Sanitary, Phytosanitary and Regulatory Framework

International Food safety Sanitary, Phytosanitary and Regulatory Framework

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Page 1: International Food safety Sanitary, Phytosanitary and Regulatory Framework

International Food safety

Sanitary, Phytosanitary and Regulatory Framework

Page 2: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Purpose of Sanitary and Purpose of Sanitary and Phytosanitary (SPS) Phytosanitary (SPS) RegulationRegulation

SPS measures are applied to imported SPS measures are applied to imported and domestically produced plant and and domestically produced plant and animal products to:animal products to: protect humans from animal and plant-protect humans from animal and plant-borne diseases;borne diseases;protect plants and animals from pests or protect plants and animals from pests or diseases; and diseases; and protect countries from the economic cost protect countries from the economic cost of pest or disease introduction or spreadof pest or disease introduction or spread

Page 3: International Food safety Sanitary, Phytosanitary and Regulatory Framework

International SPS International SPS AgreementsAgreements

International SPS agreements are International SPS agreements are defined in:defined in:

the 1994 GATT Agreement on the 1994 GATT Agreement on Technical Barriers to Trade and, more Technical Barriers to Trade and, more recently; recently;

the WTO Agreement on the the WTO Agreement on the Application of Sanitary and Application of Sanitary and Phytosanitary Measures, negotiated Phytosanitary Measures, negotiated during the Uruguay Round.during the Uruguay Round.

Page 4: International Food safety Sanitary, Phytosanitary and Regulatory Framework

These agreements require These agreements require Member countries to:Member countries to:

prepare their SPS measures based on prepare their SPS measures based on international standards or regulations;international standards or regulations;

base SPS measures on scientific principles;base SPS measures on scientific principles; not unjustifiably discriminate between not unjustifiably discriminate between

Members where similar conditions prevail;Members where similar conditions prevail; not apply measures that disguise trade not apply measures that disguise trade

restrictions; restrictions; maintain an SPS Enquiry Point and inform maintain an SPS Enquiry Point and inform

WTO in advance of changes to SPS WTO in advance of changes to SPS measures.measures.

Page 5: International Food safety Sanitary, Phytosanitary and Regulatory Framework

SPS and Transitional SPS and Transitional EconomiesEconomies

Transitional economies are often not well Transitional economies are often not well placed to manage SPS regimes as they:placed to manage SPS regimes as they:lack information, transparent regulations & lack information, transparent regulations & science-based risk assessment systems;science-based risk assessment systems;don’t participate effectively in the setting of don’t participate effectively in the setting of international standards; international standards; have difficulty meeting conformity have difficulty meeting conformity assessment tests;assessment tests;are unable to reduce costs through are unable to reduce costs through equivalency agreements.equivalency agreements.

Page 6: International Food safety Sanitary, Phytosanitary and Regulatory Framework

SPS and Trade BarriersSPS and Trade Barriers

While most SPS standards reduce risk, While most SPS standards reduce risk, respond to consumer concerns and respond to consumer concerns and facilitate trade, the concern remains, facilitate trade, the concern remains, despite WTO provisions, that, in a despite WTO provisions, that, in a world of reduced tariffs and quotas, world of reduced tariffs and quotas, SPS requirements could be used to SPS requirements could be used to constrain trade and protect markets constrain trade and protect markets through unjustified specification or through unjustified specification or costly and time-consuming tests.costly and time-consuming tests.

Page 7: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Principle of “Equivalency”Principle of “Equivalency”

the principle of “equivalency” is the principle of “equivalency” is expected to reduce costs and expected to reduce costs and ensure freer trade;ensure freer trade;

mainly limited to trade pacts (EU, mainly limited to trade pacts (EU, NAFTA, Australia-New Zealand);NAFTA, Australia-New Zealand);

many countries seeking many countries seeking “sameness” instead of equivalency “sameness” instead of equivalency in testing regimes. in testing regimes.

Page 8: International Food safety Sanitary, Phytosanitary and Regulatory Framework

SPS and Food Safety SPS and Food Safety Systems Should BeSystems Should Be

institutionally efficient;institutionally efficient; rule based;rule based; take into account the concerns of take into account the concerns of

consumers and industry;consumers and industry; able to act rapidly to address hazards;able to act rapidly to address hazards; consistent with international bodies;consistent with international bodies; progressively harmonizing with the EU.progressively harmonizing with the EU.

Page 9: International Food safety Sanitary, Phytosanitary and Regulatory Framework

SPS and Food Safety SPS and Food Safety VisionVision

The vision for a SPS/food safety regime The vision for a SPS/food safety regime should be to ensure:should be to ensure:

worldwide market access for exports;worldwide market access for exports; protection of the country’s agricultural protection of the country’s agricultural

production, consumers; andproduction, consumers; and protection of human health and the protection of human health and the

health of the country’s flora and fauna.health of the country’s flora and fauna.

Page 10: International Food safety Sanitary, Phytosanitary and Regulatory Framework

WTO and EU ComplianceWTO and EU Compliance

The WTO SPS Agreement requires that The WTO SPS Agreement requires that technical measures be based on risk technical measures be based on risk assessment, without which capacity, assessment, without which capacity, members cannot fully benefit;members cannot fully benefit;

EU law gives clearer guidance on the type of EU law gives clearer guidance on the type of food controls required;food controls required;• regulation (EC)No 178/2002 Of The European regulation (EC)No 178/2002 Of The European

Parliament And Of The Council of 28 January2002;Parliament And Of The Council of 28 January2002;• Council Directive 89/397/EEC of 14 June 1989 ;Council Directive 89/397/EEC of 14 June 1989 ;

• Council Directive 93/99/EEC of 29 October 1993Council Directive 93/99/EEC of 29 October 1993

Page 11: International Food safety Sanitary, Phytosanitary and Regulatory Framework

EU Food Safety ProcessesEU Food Safety Processes

Risk assessment: consisting of hazard Risk assessment: consisting of hazard identification, hazard characterization, identification, hazard characterization, exposure assessment and risk characterization; exposure assessment and risk characterization;

Risk communication: exchange of information Risk communication: exchange of information and opinions amongst key stakeholders;and opinions amongst key stakeholders;

Risk management: process of of weighing Risk management: process of of weighing policy alternatives in consultation with policy alternatives in consultation with interested parties;interested parties;

Official control: inspection of establishments, Official control: inspection of establishments,

processes and products;processes and products;

Page 12: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Agencies Typically Agencies Typically Involved in Food SafetyInvolved in Food Safety

Ministry of Agriculture, Ministry of Agriculture, Veterinary DepartmentVeterinary Department Plant Protection Department, where Plant Protection Department, where Food Processing DepartmentFood Processing Department

Ministry of Health, Ministry of Health, Sanitary DepartmentSanitary Department

Ministry of Industry, Economy or TradeMinistry of Industry, Economy or Trade State Department(s) of Standardization, State Department(s) of Standardization,

Metrology and CertificationMetrology and Certification State Inspection of Products and ServicesState Inspection of Products and Services

Page 13: International Food safety Sanitary, Phytosanitary and Regulatory Framework

What is Wrong With What is Wrong With Many Present SystemsMany Present Systems

inadequate risk analysis and risk management, hence inadequate risk analysis and risk management, hence no scientific basis for allocating resources to food safety no scientific basis for allocating resources to food safety problems;problems;

too many bodies involved in inspection, with lawful but too many bodies involved in inspection, with lawful but overlapping responsibilities resulting in multiple overlapping responsibilities resulting in multiple inspections , with no single body having an overview of inspections , with no single body having an overview of food chain safety;food chain safety;

Inspection bodies compete for territory to gain external Inspection bodies compete for territory to gain external income from certification and are subject to political income from certification and are subject to political influence and corruption;influence and corruption;

Inspectors’ technical knowledge and skills are outdated, Inspectors’ technical knowledge and skills are outdated, few have experience of hazard based process-control few have experience of hazard based process-control approach to food safety management.approach to food safety management.

Page 14: International Food safety Sanitary, Phytosanitary and Regulatory Framework

What is Wrong With What is Wrong With Many Present Systems Many Present Systems (contd. )(contd. )

food businesses sustain unjustifiably high costs due to food businesses sustain unjustifiably high costs due to excessive and meaningless testing and certification, excessive and meaningless testing and certification, reducing competitivenessreducing competitiveness

food standards fail to prioritize between food safety and food standards fail to prioritize between food safety and commercial quality concernscommercial quality concerns

too many State supported testing laboratories, mostly ill-too many State supported testing laboratories, mostly ill-equipped and staffed;equipped and staffed;

no laboratory accreditation service to international levels;no laboratory accreditation service to international levels; few laboratories with the technical standards to carry out few laboratories with the technical standards to carry out

reference functions;reference functions; overall, food safety policy has a low priority on overall, food safety policy has a low priority on

Government’s agenda.Government’s agenda.

Page 15: International Food safety Sanitary, Phytosanitary and Regulatory Framework

What Should We Do ?What Should We Do ?

prepare a framework law to define the organizational prepare a framework law to define the organizational structure and approach to food control;structure and approach to food control;

establish a single Agency for the application of establish a single Agency for the application of technical food regulations, supported by stakeholder technical food regulations, supported by stakeholder and scientific committees;and scientific committees;

establish risk analysis and risk assessment functions establish risk analysis and risk assessment functions within the Agency;within the Agency;

provide for an effective means of coordinating the provide for an effective means of coordinating the inspection bodies;inspection bodies;

provide budgetary allocations for government food provide budgetary allocations for government food safety activities.safety activities.

Page 16: International Food safety Sanitary, Phytosanitary and Regulatory Framework

What Should We Do What Should We Do (contd. )(contd. ) ? ?

apply EU compliant control systems focused on apply EU compliant control systems focused on the conditions of production and approval of the conditions of production and approval of establishments, rather than certification of establishments, rather than certification of foods;foods;

separate inspection on trading standards separate inspection on trading standards (labeling, price marking, functional claims, etc) (labeling, price marking, functional claims, etc) from food safety inspectionfrom food safety inspection

define the role of laboratories in providing define the role of laboratories in providing defined testing services of an acceptable defined testing services of an acceptable standard for inspection bodies;standard for inspection bodies;

if required, define the scope of government if required, define the scope of government regulation of food quality.regulation of food quality.

Page 17: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Food Safety Agency Food Safety Agency ResponsibilitiesResponsibilities

The responsibilities of such an Agency would The responsibilities of such an Agency would include:include:

management of inspection of foods and management of inspection of foods and places where food is produced, processed & places where food is produced, processed & distributed;distributed;

management of inspection and certification management of inspection and certification of food at borders;of food at borders;

monitoring of foods on the market to assess monitoring of foods on the market to assess compliance and identify and quantify compliance and identify and quantify human health hazards;human health hazards;

Page 18: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Food Safety Agency Food Safety Agency ResponsibilitiesResponsibilities (contd.)(contd.)

ensuring adequate laboratory provision;ensuring adequate laboratory provision; prosecution of offences against the food law;prosecution of offences against the food law; review and development of new food review and development of new food

legislation;legislation; assessment of risks to human health from assessment of risks to human health from

foods;foods; receiving and acting on complaints from receiving and acting on complaints from

consumers;consumers; providing information to industry and providing information to industry and

consumers about food safety.consumers about food safety.

Page 19: International Food safety Sanitary, Phytosanitary and Regulatory Framework

Structure of Food Safety Structure of Food Safety AgencyAgency

Such an agency is likely to include: Such an agency is likely to include: • a Food Safety Council,a Food Safety Council,• a Scientific Councila Scientific Council• a Consultative Council a Consultative Council • Functional departments including:Functional departments including:

– Inspection and Enforcement;Inspection and Enforcement;– Scientific Affairs;Scientific Affairs;– Public Relations; andPublic Relations; and– Administration.Administration.

Page 20: International Food safety Sanitary, Phytosanitary and Regulatory Framework

EUREPEUREPGAPGAP: : Good Agricultural Good Agricultural PracticePractice

EUREPEUREPGAPGAP is a global reference scheme for good is a global reference scheme for good agricultural practice, managed by the EUREPagricultural practice, managed by the EUREPGAPGAP Secretariat. Secretariat. EUREPEUREPGAPGAP focuses on: focuses on:

• Food SafetyFood Safety - derived from the generic application of HACCP - derived from the generic application of HACCP principals;principals;

• Environment ProtectionEnvironment Protection - based on good agricultural practices - based on good agricultural practices designed to minimize negative environment effects;designed to minimize negative environment effects;

• Occupational Health, Safety and WelfareOccupational Health, Safety and Welfare - establishes a - establishes a global level of farm occupational health and safety and global level of farm occupational health and safety and awareness and responsibility regarding social issues;awareness and responsibility regarding social issues;

• Animal WelfareAnimal Welfare - establishes a global level of animal welfare - establishes a global level of animal welfare criteria on farmscriteria on farms

Page 21: International Food safety Sanitary, Phytosanitary and Regulatory Framework

EUREPEUREPGAPGAP: : Fruit and Vegetable Fruit and Vegetable Control Point Compliance CriteriaControl Point Compliance Criteria

EUREPEUREPGAPGAP is a means of incorporating Integrated Pest is a means of incorporating Integrated Pest Management (IPM) and Integrated Crop Management Management (IPM) and Integrated Crop Management (ICM) practices within the framework of commercial (ICM) practices within the framework of commercial agricultural production. All agricultural production. All EUREPEUREPGAPGAP fruit and vegetable fruit and vegetable farmers should be able to demonstrate their commitment farmers should be able to demonstrate their commitment to:to:• maintaining consumer confidence in food quality and safety;maintaining consumer confidence in food quality and safety;• minimizing detrimental impact on the environment, whilst minimizing detrimental impact on the environment, whilst

conserving nature and wildlife;conserving nature and wildlife;• reducing the use of crop protection products;reducing the use of crop protection products;• improving the efficiency of natural resource use; andimproving the efficiency of natural resource use; and• ensuring a responsible attitude towards worker health and ensuring a responsible attitude towards worker health and

safetysafety..

Page 22: International Food safety Sanitary, Phytosanitary and Regulatory Framework

EUREPEUREPGAPGAP: Control Points &: Control Points &Compliance CriteriaCompliance Criteria