Food safety & quality and Trade in RSA – Paving pathways for increased Market Access and competitiveness Prepared and presented by: Directorate Food Safety and Quality Assurance Chief Directorate Food and Veterinary Services Programme: Food Safety and Biosecurity TRADE AWARENESS WORKSHOP BOLIVIA LODGE, 12 – 13 AUGUST 2009 Private Bag X343 Pretoria, 0001 Tel: 012 – 319 6000 www.daff.gov.za Web: CONTENTS 2 1. Introduction • Background – where does trade in agricultural food come from? • Why an increased need for regulatory interventions in trade with food? What are risk factors associated with trade in food? 2. Food safety: International and Regional perspectives 3. National food safety regulatory framework • How is the current food safety system in RSA? • Who is involved? And what their roles are? 4. What are the implications of all these measures? Up and down side. 5. Conclusion: Route to go • Strengthen biosecurity measures • Improve food control system • Adopting a farm-to-fork approach measures INTRODUCTION Background – Where does trade in agricultural food comes from? • Trade in food dates back to time immemorable • Battering was a traditional way of trade • Trade evolved over years and is now centred around monetary value of a product • Trade only implied profit making at all costs • Modern trade, however involves more than just monetary value of the product, includes product quality, suitability, safety, quantity, accessibility, labeling, packaging, etc. • Early attempts to regulate trade in food focused primarily at combating adulteration, fraud and illegal trade, hence there was minimal regulatory interventions in food trade • The dawn of the twenty first century witnessed global upsurge of regulatory measures pertaining to trade in food INTRODUCTION (Cont..) • Several factors contributed to this unprecedented proliferation of regulatory measures: o Increase in food trade as a result of globalization and liberalization o An increased in a number of food-borne diseases and risks associated with trade in food – concerns for public health, environment and animal health o Increased consumer awareness and the need for consumer protection – consumers demand food that is safe, nutritious, of high quality standard and wholesome o Impact of climate change on food safety o Correlation between food safety, food security, HIV/Aids and other issues of public health concerns o Harmonization of food standards to facilitate trade, regionally and internationally o most recently the threat of bioterrorism • Hence food is today one of the most regulated FOOD SAFETY: INTERNATIONAL & REGIONAL PERSPECTIVES • Food safety & quality have become increasingly issues of serious international, regional and national concern over the past decade • Food safety and quality are trade requirements • Food safety is on top of the agenda of WHO, probably only surpassed now by H1N1 (Swine flu) and HIV/Aids • In terms of international trade, food safety and food quality are requirements dealt with under two separate WTO Agreements, to which RSA is a signatory namely: o WTO – SPS (Sanitary and phytosanitary measures), covering food safety, plant health, animal health including some environmental issues) o WTO – TBT (technical standards or commercial requirements for product quality) • World Trade Organization – has 153 member countries. Facilitate trade negotiations and provide for dispute resolution mechanisms on trade issues. FOOD SAFETY: INTERNATIONAL & REGIONAL PERSPECTIVES (Cont..) • South Africa became a member of a number of international standard-setting bodies and signatory to a number of conventions since 1994, which include among others: o Member of the Joint FAO/WHO sponsored Codex Alimentarius Commission – created in 1963 and currently having 182 member countries. Develop food standards, guidelines and related texts such as code of good practice. o IPPC – International Plant Protection Convention (dealing with plant health and related matters) o OIE – World Organization for animal health. Intergovernmental organization responsible for improving animal health worldwide to ensure safety of animal products. 6 o OIV – International wine office o WWTG – world wine trade group (free association), consisting of number of countries which include RSA, USA, Canada, Australia, etc. FOOD SAFETY: INTERNATIONAL & REGIONAL PERSPECTIVES (Cont..) • African countries have had it difficult proving that the products they export meet international SPS standards or are equivalent to their developed-country trading partners • NEPAD prerogatives on food safety agreed to at a Regional Conference on food safety held in Harare in 2006, concluded on: o Inclusion of food safety in developmental policies and provide legal framework for food safety o Strengthening of national and regional analytical capacity oStrengthen food-borne disease surveillance programmes o Strengthen multi-sectoral food safety inspections from farm- to-fork oImprove consumer awareness and participation in food safety activities • The African Union Inter-African Bureau for Animal Resources (AU/IBAR) – initiative to address the need for more effective participation of African Countries in FOOD SAFETY: INTERNATIONAL & REGIONAL PERSPECTIVES (Cont..) • Most SADC member states are unable to meet the rising level of SPS measures couple with the proliferation of private standards in terms of costs • Most of them also lack participation in the activities of SPS standard setting bodies such as OIE, IPPC and Codex • SADC Coordination Committee on SPS/TBT – facilitate smooth trade among member-states and with trading partners globally • SADC-EU Economic Partnership Agreement (EPA) • SADC (SQAM) – Standardization, Quality Assurance, Accreditation and Metrology – assist to deal with the facilitation of implementation of SADC Trade Protocol with regard to standardization, technical regulations and conformity assessment issues • Including the ongoing SADC Food safety – Capacity Building on Residue Control Project, which aims to assist member-states to comply to SPS in terms of MRL standards NATIONAL FOOD SAFETY REGULATORY FRAMEWORK • The fragmented nature of South African food control system, as is the case in many other African countries is well documented • Legislation relating to food control - food safety, quality, hygiene and nutrition including plant protection and animal and plant health in South Africa is administered mainly by the Departments of Health, Trade and Industry and Agriculture, with certain functions delegated to Provinces • There are also other state-sponsored regulators such as SABS, CSIR and SANAS whose responsibilities contribute substantially to ensure food trade requirements are met and • Assignees of the Department of Agriculture, Forestry & Fisheries – PPECB, Prokon and Samic • There are also private sector or industry initiatives to ensure food safety such as Food Safety Initiative (FSI) NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) Legislation and mandates of various departments: Department of Agriculture, Fisheries and Forestry Administers several pieces of legislation through various Directorates within the Department, o Agricultural Product Standards Act, (No. 119 of 1990) – provides for control over sale and production for sale of specific product standards for export, import and local markets (Food Safety and Quality Assurance) o The Liquor Products Act, (No. 60 of 1989) – provides for control over the sale and production for sale of certain liquor products, mainly wine and spirits above the alcohol level of 1% excluding medicines (Food Safety & Quality Assurance) NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) o The Meat Safety Act, (No. 40 of 2000) – make provision for maintenance of proper standards of hygiene in the slaughtering of animals for the purpose of obtaining suitable meat for human and animal consumption and in the handling, keeping and conveyance of such meat and animal products at and from abattoirs. (Veterinary Services) o The Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, (No. 36 of 1947) – regulate the registration of agricultural production inputs, which include crop protection agents, veterinary medicines, farm feeds, fertilizers, pest control operators, etc. (Directorate Food Safety & Quality Ass.) o Animal Diseases Act, (No. 35 of 1984) – provide measures for control of animal products, including meat, milk, eggs and their products from an animal disease point of view (Veterinary Services) 11 NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) o Agricultural Pest Act (No. 36 of 1983) – regulate imports and matters which may affect plant health in relation to agro/forest industries. The inspection, especially with regard to imported food of plant origin, are vital to prevent entry of exotic pests and diseases. (Plant Health) o Plant Breeders’ Rights Act, (No. 15 of 1976); Plant Improvement Act, (No. 53 of 1976); Genetically Modified Organisms Act, (No. 15 of 1997) – regulate certain agricultural food products, making provision for seed and propagation materials certification and provisions for the release of genetically engineered products to the environment. (Plant Production, Genetic Resources and Biosafety). The regulations promulgated in terms of these pieces of legislation all include or have influence in or on certain food as defined. NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) The Department of Health (DoH) • The Department is responsible for Food Safety and food labelling matters at the National level while compliance and monitoring is done by the Provincial and Local authorities. • The National department is responsible for the overall co-ordination, determination of norms and standards, international liaison and cooperation and provision of support to the provinces and local authorities. • Through the Directorate of Food Control, the department is responsible for many matters related to Food control which include: o The preparation and administration of food legislation, regulations and policies in line with international standards. 13 o The evaluation of animal drugs and agricultural remedies for safety to both the animals and the humans who subsequently eat these animal o Determination of Maximum Residue Levels (MRLs). NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) • The Department is responsible for the administration and enforcement of the following legislation: o The Foodstuffs, Cosmetics and Disinfectants Act 1972 (Act 54 of 1972) - which governs the manufacture, sale and importation of all foodstuffs from a public health point of view. This is the responsibility of the Directorate of Food Control. o The Health Act of 1977 (Act 63 of 1977). The Act provides for the provisions governing the hygiene of food premises including milking sheds and the transportation of food. o The International Health Regulations Act 1974 - which govern the approval of food premises that are used to produce food that is consumed at airports, ports, vessels and aircraft. Approval of these premises is carried out by Provincial health authorities on behalf on National government. 14 o The Medicines and Related Substances Act, of 1965 (Act 101 of 1965) - which makes provision for the registration of veterinary drugs. Food stuffs and food supplements with a medicinal effects are also administered by the Department of Health. NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) Local Authorities/ Municipalities are responsible for: • Local authorities are mandated individually by the Minister of Health through the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act 54 of 1972) and the relevant regulations. • The Health Act of 1978 (Act 63 of 1978) defines the responsibility of local authorities with regard to Food safety and Hygiene control. Various food hygiene regulations have been published under the Health Act. • These empowers municipalities to carry out certain functions which include: o Investigating food borne ailments. o Taking corrective action in the event of complaints related to food safety. o Enforcement of regulations. 15 NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) o The control of foodstuffs entering or offered for sale within their areas of jurisdiction o The provision of advice to new entrepreneurs o The inspection and sampling of all foods including milk and other perishable foods as well as the inspection of the premises from which these are produced or sold. 16 NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) The Department of Trade and Industry (dti) • On behalf of the Department of Trade and Industry, the SABS is authorized to carry out mandate of food trade. • The South African Bureau of Standards (SABS) also has a food safety control mandate. • The SABS handles food safety issues related to canned meat containing more than 10% meat, frozen and canned fish and fishery products through the Standards Act, 1993 (Act 29 of 1993). The SABS is therefore responsible for ensuring that such fish products conform to the compulsory specifications and is the appointed authority for certifying all fish exports to the EU and Australia. • The SABS is also responsible for administering the Trade Metrology Act, 1973 (Act 77 of 1973) and the Trade Marks Act,1963(Act 62 of 1963) both of which relate to the labeling of food. 17 NATIONAL FOOD SAFETY REGULATORY FRAMEWORK (Cont..) • Although the SABS is responsible for regulating the canning of meat, if the can of meat contains less than 10% meat then it is regulated in terms of the Agricultural Product Standards Act, 1990. 18 IMPLICATIONS OF REGULATORY INTERVENTIONS AT ALL LEVELS Advantages: • promote fair competition amongst producers • Consumer protection - ensure that safe, quality, wholesome, unadulterated and truthfully labeled products are offered for sale to consumers • Opportunities for developing countries to stimulate economic development through increased food and agricultural export • prevent dumping of inferior products in our local markets • Prevention of introduction and spread of exotic of plant pests and diseases • Mitigate against animal diseases and thus protecting animal health and public health and environment • harmonize with trading partners IMPLICATIONS OF REGULATORY INTERVENTIONS AT ALL LEVELS (Cont.) Disadvantages: • Can be seen stringent measures aimed at discouraging new entrants in the markets • Costly investments needed to meet the standards especially the private standards • Although efforts have been made in the past decade to decrease trade tariffs and export duties, emerging farmers may not be able to trade internationally CONCLUSION • As a result of all the developments in food trade, policy environment is envisaged which promote competitiveness of the farming and agri-food business while providing sufficient protection for consumers at the country level • This will also include: o Strengthening biosecurity measures to mitigate against animal and zoonotic diseases, plant health and public health and life o Improve food control through creation of a coherent and integrated system to manage food safety risks o Adopting and promoting a farm-to-fork approach along the food chain by adopting GlobalGap, GLP, GHP, GMP’s, etc. • Effective participation in international standard-setting institutions to influence decision-making processes there and ensuring recognition of the country and continent’s unique needs and problems • More state assistance to farmers. SUBSIDIES? THE END QUESTIONS? AND SOLUTIONS.