PROCESS FOR EVALUATING THE EQUIVALENCE OF FOREIGN MEAT AND POULTRY FOOD REGULATORY SYSTEMS International Policy Division Food Safety and Inspection Service U.S. Department of Agriculture Washington, DC

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PROCESS FOR EVALUATING THEEQUIVALENCE OF
FOREIGNMEAT AND POULTRYFOOD REGULATORY
SYSTEMS International Policy DivisionFood
Safety and Inspection ServiceU.S. Department of
AgricultureWashington, DC

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Introduction

• This presentation explains the evaluation process
  FSIS applies to make equivalence judgements
• Meat and poultry exported to the U.S. must meet
  all FSIS requirements

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Introduction

• Process implements regulations that require the
  evaluation of foreign inspection systems
• Agency regulations set forth specific evaluation
  criteria for making equivalence judgements

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Introduction

• Under international law exporting countries may
  employ measures that differ from those used by
  importing countries
• Exporting countries can employ either the same or
  equivalent sanitary measures to obtain the same
  level of protection established by the importing
  country

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Background

• Food safety equivalence judgements are based on
  the provisions of the SPS Agreement
• U.S. bound as a signatory

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Background

• Article 4.1 of the SPS Agreement
• Members shall accept the sanitarymeasures of
  other Members as equivalent, even if these
  measures differ from their own or from those used
  by other Members trading in the same product, if
  the exporting Member objectively demonstrates to
  the importing Member that its measures achieve
  the importing Members appropriate level of
  sanitaryprotection

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Background

• Exporting country has the burden to demonstrate
  equivalence
• Importing country has the right to decide if a
  foreign inspection system is
• Equivalent
• Inadequate to achieve its appropriate level of
  protection
• Unable to adequately demonstrate equivalence

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Background

• U.S. Laws and Regulation
• FSIS regulations amended to reflect equivalent
  to as the standard for eligibility
• Criteria for evaluating foreign systems are set
  forth in the regulations
• Each criterion constitutes a sanitary measure as
  defined in the SPS Agreement

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Concepts of Equivalence

• Sanitary Measures
• Sanitary measures must be based on scientific
  principles and applied in a non-arbitrary
  non-discriminatory manner
• Sanitary measures must be based on an assessment
  of the risk from a food safety hazard

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Concepts of Equivalence

• Appropriate Level of Protection
• Importing country may set any level of protection
  it deems appropriate

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FSIS Equivalence Process

• Introduction
• Series of cooperative steps between importing and
  exporting countries regarding equivalence
  determinations
• Importing country provides notice of a particular
  sanitary measure
• Exporting country requests an explanation of the
  appropriate level of protection

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FSIS Equivalence Process

• Introduction
• Importing country provides an explanation by
  stating the FSO
• Exporting country develops a case for equivalence
• Importing country evaluates and
• finds that the difference sanitary measure is
  equivalent
• requests more information
• rejects the equivalence of the different sanitary
  measure

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FSIS Equivalence Process

• Initial System Eligibility
• Foreign inspection systems must be equivalent
  before they can export
• The initial evaluation includes a document review
  and on-site review
• After a country is determined to be equivalent it
  certifies establishments that meet U.S.
  requirements

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FSIS Equivalence Process

• Three-part Process
• 1. Document Analysis
• Fundamental laws, regulations, policies
• Food production requirements
• Regulatory oversight, verification and
  enforcement requirements

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FSIS Equivalence Process

• Three-part Process
• 2. System Audits
• Annual
• Evaluate foreign inspection system
• Determine that sanitary measures provide the same
  level of protection
• Focus on process control and government oversight
• Audit plan developed

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FSIS Equivalence Process

• 2. System Audits
• Auditor examines records, foreign oversight of
  establishments, laboratories
• Post audit evaluation advise country of
  equivalence issue, track issues
• Prepare audit report

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FSIS Equivalence Process

• Three-part Process
• 3. Port-of-entry Reinspection
• Reinspection of random samples
• Automated centralized computer database
• Performance based
• Compliance histories continuously updated
• All shipments checked for damage,labeling,
  certification and general condition

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