New U.S. food safety law poses serious challenges for national systems
San José, Costa Rica, September 8, 2011 (IICA). National food safety systems must be improved and modernized if exporters are to comply with the strict standards established in the new Food Safety Modernization Act (FMSA) of the United States which was approved in January.
Although many of its provisions will not take effect until 2012 or 2013, the process of improving the food safety systems of exporting countries must begin now,” according to Ricardo Molins, Manager of IICA’s Agricultural Health and Food Safety Program.
Molins was participating in a technical forum organized by the Inter-American Institute for Cooperation on Agriculture (IICA) to explain the implications of the new law. The pressure it places on the food safety systems of other countries is evident; the Food and Drug Administration of the United States (FDA) will ensure that its trading partners have effective controls in place to guarantee the safety of the products they export to that country.
“This means that, in many cases, the safety of the products will be assessed based on the quality of the national food safety systems, which makes improvements even more urgent,” said Molins.
According to the representative of the regional office of the FDA, Lisa Lopez, food-borne diseases affect some 48 million people per year in the United States, in other words, one in six inhabitants. Of those affected, 128,000 require hospitalization and 3,000 die.
This situation, added to an increase in food imports, raised concerns regarding the safety of the products that enter the country, leading to the passage of the new law, which expands the role and areas of competence of the FDA.
According to Rafael Trejos, Manager of the Center for Strategic Analysis for Agriculture, “Food safety is a matter of concern for consumers and governments alike and affects competitiveness in global markets. Given the growth of international trade and changes in eating habits, the topic has taken on even greater importance.”
Alliances and joint efforts
If countries, producers and importers are to comply with the provisions of the law, synergy must be created between the public and private sectors and international agencies.
The Association of Exporters of Peru concurred. Its representative, Beatriz Tubino, stated, “We would like to set up an international working group that involves IICA. The countries share similar concerns regarding this topic, but we need experts to help us identify important changes in regulations.”
Adriana Valenzuela, representative of the Agricultural and Livestock Farming Services (SAG) of Chile, gave some indication of joint efforts that could be carried out: “We are working on a comprehensive system to comply with this new law; the divisions throughout the country are coordinating their actions related to food safety.”
In addition to creating alliances, it is also important for the countries to participate in the process of commenting on the law. “This is the time for them to comment on the aspects that affect them or that they wish to modify”, added Molins and Lopez.
Comments may be forwarded to: www.regulations.gov.
Responsibility of importers
One of the provisions of the new FSMA states that importers are directly responsible for guaranteeing that final products are safe and that the suppliers of raw materials have safety controls in place.
Beginning in October, the FDA will be able to confiscate, for up to 30 days, products believed to have been adulterated or improperly labeled.
It may also order, not recommend until now, the withdrawal of products from the market, and charge the importer for the cost of such withdrawal.
Another new aspect is that there will be a charge to re-inspect products. The fee will be around US$335 per hour for the work of the agent in charge, and must be paid by the firm requesting the service.
These stipulations apply to both food importers and US manufacturers. However, there are portions of the law that apply only to importers.
These include advance notice, in which the FDA may ask if the product had been rejected previously by another country, order the inspection of food at the point of entry, based on risk, and require certification by third parties, etc.
The FDA may demand such certification on the basis of the known risks of the product or known safety risks in the country or region of origin, or if it is felt that the standards of the nation of origin do not ensure that their products are as safe as those of the United States.
For more information, contact:
ricardo.molins@iica.int