(WP)NUT/ICPIFOS/2.1I001-E
Report series number: RS/2007/GEl68(PHL)
English only
REPORT
FAOIWHO MEETING ON FOOD STANDARDS TO PROMOTE HEALTH AND FAIR TRADE IN THE PACIFIC
Convened by: FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS SUB-REGIONAL OFFICE FOR THE PACIFIC AND WORLD HEALTH ORGANIZATION REGIONAL OFFICE FOR THE WESTERN PACIFIC (In collaboration with the Pacific Islands Forum Secretariat as an integral component ofthe Regional Trade Facilitation Programme)
Manila. Philippines
Not for sale Printed and distributed by: Wodd Health Organization Regional Office for the Western Pacific August 2008
WHO/wPRO LIBRARY MA:'t.'lLA. PHILIPPINES
2 6 .Jft,N 2009
NOTE
The views expressed in this report are those of the participants in the FAOIWHO Meeting on Food Standards to Promote Health and Fair Trade in the Pacific and do not necessarily reflect the policies of the Organization.
TIlls report has been prepared by the World Heal' h Orgo,:llzation, Regional Oftice for the Western Pacific for governnients of Member States in the Region and for those who partiCipated in the FAOIWHO Meeting on Food Standards to Promote Health and Fair Trade in the Pacific, which was held in Manila, Philippines, from 3 to 6 December 2007.
CONTENTS
SUMMARY
......................................................................................................................... 1
ABBREVlATIONS ....................................................................................................................... 8 1. INTRODUCTION .................................................................................................................... 9 1.1 1.2 1.3 1.4 Background ................................................................................................................... 9 Objectives ................................................................................................................... 10 Participants ................................................................................................................. 11 Meeting structure and organization ............................................................................ 11
2. PROCEEDINGS .................................................................................................................... 12 Session 1 - Opening ceremony ................................................................................... 12 Session 2 - Food safety, nutrition, food regulation and enforcement in the Pacific ............................................................................................................... 12 2.3 Session 3 - Reviewing the current status of food legislation in the Pacific and identifying gaps for future action ......................................................................... 14 2.4 Session 4 - Establishing food laws, regulations and standards in the Pacific: Issues to be considered ............................................................................................... 15 2.5 Session 5 - Actions to advance food laws, regulations and standards in the Pacific ............................................................................................................... 17 2.6 Session 6 - Adoption of conclusions and recommendations on advancing food safety laws, regulations and standards in the Pacific .......................................... 18 2.7 Session 7 - Food fortification ..................................................................................... 18 2.8 Session 8 - Steps to be taken to introduce mandatory fortification standards in the Pacific ............................................................................................................... 21 2.9 Session 9 - Addressing NCDs in the Pacific through food laws, regulations and standards and associated consumer education ..................................................... 22 2.10 Session 10 - Addressing NCDs in the Pacific through food laws, regulations and standards and associated consumer education ..................................................... 23 2.11 Session 11 - Adoption of conclusions and recommendations on steps to be taken in a regulatory approach to address malnutrition and NCDs in the Pacific ...... 23 3. CONCLUSIONS AND RECOMMENDATIONS ................................................................. 24 3.1 3.2 3.3 Food Standards to Promote Health and Fair Trade in the Pacific ............................... 24 Food Fortification Standards to Address Micronutrient Deficiencies and Promote Fair Trade in the Pacific ........................................................................ 28 Food Standards to Address Non-communicable Diseases and Promote Fair Trade in the Pacific ........................................................................ 30 2.1 2.2
ANNEXES: ANNEX I - LIST OF PARTICIPANTS, TEMPORARY ADVISERS, REPRESENTATNES FROM PARTNER AGENCIES, AND SECRETARIAT ANNEX 2 - MEETING AGENDA ANNEX 3 - OPENING ADDRESS BY THE WHO REGIONAL DIRECTOR FOR THE WESTERN PACIFIC, DR SHIGERU OMI ANNEX 4 - OPENING ADDRESS BY FAO, BY MR DIRK SCHULZ ANNEX 5 - COMMON STANDARD FOR FLOUR IN THE PACIFIC ANNEX 6 - FOOD LAWS, REGULATIONS AND STANDARDS: A GAP ANALYSIS Keywords: Food safety / Food contamination / Trade/ Legislation / Micronutrient deficiencies! Non communicable diseases/ Pacific islands
SUMMARY
The F AOIWHO Meeting on Food Standards to Promote Health and Fair Trade in the Pacific was held in the WHO Regional Office for the Western Pacific in Manila, Philippines, from 3 to 6 December 2007. Prior to the meeting, Pacific leaders had called for the sharing of scarce resources and alignment of policies in an attempt to meet the serious challenges facing Pacific island countries. The meeting was conducted as part of the Pacific Regional Trade Facilitation Programme, coordinated by the Pacific Islands Forum Secretariat, which was established to put in place an appropriate, efficient and transparent framework of trade facilitation measures in the Pacific. Under this programme, the Integrated Food Standards Project aims to protect human health and facilitate trade in the global food market by addressing these goals on a regional basis. Thirty-four participants were drawn from 13 countries ofthe Pacific and seven temporary advisers came from within and outside the region. The participants were senior health officers who have responsibility for food standards development, senior agriculture officers involved in standards work, senior commerce and trade officers or standards officers, and officials of the attorney general's offices of the Pacific. The temporary advisers were experts from the WHO Collaborating Centre for the Prevention of Obesity and Related Research and Training in Australia, New Zealand Food Safety Authority, Fiji's Ministry of Health, the New Zealand law frrm Allen and Clarke Ltd.; and consultants on food fortification from Guatemala and the Netherlands. In addition, the Secretariat of the Pacific Community (SPC), United Nations Children's Funds (UNICEF), and the Global Health Institute were represented at the meeting. Annex 1 provides a full list of participants, temporary advisers, representatives and secretariat members. The objectives of the meeting were: (1) to review existing food laws, regulations and standards and identify priority areas for development at a national level; to agree on action to be taken to advance the development, adoption and effective enforcement of: (a) food standards that: (i) are consistent with Codex guidance; and (ii) facilitate trade in safe and suitable food among the Pacific Island Forum countries; and mandatory food fortification standards.
(2)
(b)
The meeting addressed two key areas for action in the Pacific: (1) strengthening food laws, regulations and standards; and (2) enhanced monitoring and enforcement by authorities of compliance by industry and importers. It was determined that three public health issues would be addressed through coordinated action: (1) noncommunicable diseases, (2) micronutrient deficiencies, and (3) food contamination and food safety. The meeting concluded that the Pacific island countries and areas could benefit from a regional approach to food and nutrition. The conclusions and recommendations follow.
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REGIONAL ACTION TO PROMOTE HEALTH AND FAIR TRADE IN SAFE FOOD IN THE PACIFIC
The participants acknowledged that access to safe food and a nutritionally adequate diet is a right of each individual l , and recognized that: (l) Oversight of food safety is an essential public health function that protects consumers from health risks posed by biological, chemical and physical hazards in food as well as by conditions of food. (2) Improvements in technology, globalization offood supply and changes in consumers' expectations of food have led to the international distribution of food products traditionally produced and consumed within the same country, thus providing greater variation in diets and an increasing opportunity to spread foodborne and food-related risks. (3) Foodborne and food-related risks, if not controlled, can be major causes of disease and premature death as well as lost productivity and heavy economic burdens. (4) Agriculture and fisheries are important engines of economic growth in most Pacific island countries, but increasingly, strict food safety and quality regulatory requirements have been recognized as impediments to fully exploiting potential export markets. (5) Protecting human health and promoting fair trade in today's global food market are challenges that must be addressed through effective food legislation, standards, monitoring and enforcement, extending from food production to distribution. (6) Weak national food control systems (including aspects such as food law, regulations and standards, management structures, inspection and certification services, and laboratory services) can increase exposure to foodborne risks and reduce opportunities for international trade. (7) Gaps in the food laws, regulations and standards of Pacific countries and areas require urgent national action to better promote health and fair trade. It is important and appropriate that countries work more closely with each other to (8) consider a regional approach to setting standards based on the guidance of Codex and of the World Organization for Animal Health (OlE).
(9) Food safety measures should be based on sound scientific evidence and risk analysis principles and should not unnecessar;~y create barriers to trade.
World Declaration on Nutrition. F AOIWHO International Conference on Nutrition, Rome, 1992.
1
-3Based on the aforementioned conclusions, participants recommended the following ways to collaborate at a regional level. (I) A Pacific Food Safety and Legislation Expert Resource Group should be established to exchange information and expertise on food safety, laws and regulations and standards. The principles and mechanisms under which the group operates should be determined after examining existing and web-based mechanisms. (2) Model legislation and guidance developed by the Food and Agriculture Organization of the United Nations (FAO), in association with WHO, would prove useful to countries that are reviewing and revising their basic food safety law. The sharing of information on draft food standards among Pacific island countries (3) would provide a useful foundation for countries to develop their own standards. The drafting of standards using a modular and harmonized approach would allow each country to benefit from regional action by addressing common risks and problems while allowing countries to address their particular national needs. (4) Pacific island countries should take steps to operate as an effective group in the Codex Coordinating Committee for North America and the South-west Pacific. (5) Efforts should be made to negotiate supply chain quality requirements with exporting countries. (6) Countries should share information on legislation via the WHO Pacific web-based database and the international portal on food safety, animal and plant health (www.ipfsaph.org) to enhance transparency in relation to the development of food laws, regulations and standards in the region. (7) A review of, and strengthening of, food analysis capacity in the Pacific should be undertaken with the support ofFAO and WHO. The participants called on regional organizations, including the Pacific Islands Forum Secretariat and the Secretariat of the Pacific Community, and international organizations, including FAO and WHO, to provide adequate and ongoing technical support on food safety, particularly in relation to food laws, regulations, standards and their effective enforcement. The placement of food safety technical experts in the regional offices of international organizations was seen as an important means of strengthening technical support to the countries and areas of the Pacific. The participants identified a number of key actions to be taken at the national level. These are summarized in the full report of the meeting.
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ADDRESSING MICRONUTRIENT DEFICIENCIES IN THE PACIFIC BY TAKING REGIONAL ACTION TO STRENGTHEN FOOD FORTIFICATION
Concerned about the magnitude and consequences of micronutrient deficiencies in the Pacific; Recalling that the Meeting of the Ministers of Health for the Pacific island countries, in Vanuatu, in 2007, recognized that nutritional anaemia and iron, iodine, vitamin A and folate deficiencies were public health issues in the Pacific island countries and that the Meeting supported in principle the establishment of a regional food fortification programme; Recognizing the guidance provided by the F AOIWHO Guidelines on food fortification with micro nutrients; and Aware of the experiences from other WHO regions that have been fortifying wheat flour and salt for many years: It was agreed that: • There is a need for the fortification of flour and flour products and for the fortification of salt to improve micronutrient intakes within an integrated programme addressing nutrition in the Pacific; Pacific island countries should have common standards for flour fortification and salt iodization to facilitate regional trade in these products; The proposed common standard for fortified flour should be consistent with Codex guidance on flour and the fortificant levels required in "fortified flour" should be consistently applied throughout the Pacific and be as laid out in Annex 5, subject to further expert advice; The common iodized salt standard should be consistent with Codex guidance on salt and the fortificant levels required in "iodized salt" should be consistently applied throughout the Pacific whereby: o The iodine concentration"at point of production should be 20-40 mglkg (34-66 mg potassium iodate per kg) as recommended by WHOIUNICEF/ICCIDD; and If all salt in processed food in a given country or area is iodized, the lower limit (20 mg) is recommended"
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For the future, there is a need to assess the pros and cons of fortifying other processed foods, which are increasingly being consumed in the Pacific, including but not limited to complementary food for young children, rice, noodles (including instant noodles), soya sauce; oil; and possibly sugar (with vitamin A) provided care is taken to ensure that this does not lead to increased consumption of these foods;
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•
In association with any fortification programme, important complementary strategies to address micronutrient deficiencies should also be in place including strategies aimed at: o Improving diet (including promoting consumption of local foods) and implementing healthy lifestyles; Promoting breastfeeding (including Baby Friendly Hospital Initiatives and implementation of the International Code of Marketing of Breast milk Substitutes); Improving hygiene and sanitation; Increasing access to effective deworming; Strengthening supplementation including iron for pregnant women, iron for children where needed, and vitamin A for young children where needed;
o
o o o
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There is need for a comprehensive policy to back up the implementation of the aforementioned interventions; Existing mechanisms such as the Pacific Fortification Partners Group, the FAOIWHO Coordinating Committee for North America and the South-west Pacific and heads of government meetings such as the Ministers of Health, Ministers of Agriculture and Ministers of Trade should be used to promote the common standards; While there may be some political impediments and minor additional costs to consumers associated with the adoption of common fortified flour and iodized salt standards, there should be no insurmountable legal impediment to the establishment of common standards for fortified foods. However, consideration might be needed in some countries for legislation to be amended first to allow for the establishment of such standards; Technical support is required to strengthen: o o National surveillance activities on micronutrient deficiencies; National monitoring and evaluation activities on fortification, embedded in the national food control systems; The review and revision of standards, especially whenever better scientific knowledge becomes available or when dietary intake patters change; Independent testing facilities within the Pacific;
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An Inter-ministerial Pacific Food Summit should be convened to ensure the highest level of political support for food fortification.
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CALL TO ACTION TO APPLY FOOD LAWS, REGULATIONS AND STANDARDS TOWARDS REDUCING THE RISK OF NON-COMMUNICABLE DISEASES IN THE PACIFIC
Recognizing that nonco=unicable diseases arising from inappropriate diets and insufficient physical activity are of major public health concern in the Pacific; and Aware that food standards and trade agreements (existing, revised or new) in the Pacific should take account of the urgent need to reduce the nonco=unicable disease burden and, where possible, contribute to the nonco=unicable disease control efforts of the Pacific countries; It was agreed that there is a need to:
•
Develop regional guidance on food regulations and standards based on general principles such as truth in labelling, the consumer's right to know, the protection of health and the promotion of fair trade; Address food regulations and standards that contribute to the nonco=unicable disease control efforts of the Pacific island countries in an inter-ministerial Pacific Food Su=it, to ensure the highest level of political support for such an approach; Include ingredients lists and nutrition information panels as mandatory elements of food labelling standards for packaged food; Address nutrition and health claims: o o As areas of priority concern in future regulatory developments; Ensuring that definitions related to nutrition claims, such as "high in fibre", "reduced fat", "light" and other such claims are consistent across the Pacific and consistent with Codex guidance; and Ensuring that criteria related to health claims, such as "reduces cholesterol", are consistent across the Pacific and consistent with Codex guidance;
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Give consideration to the introduction of and form of food regulations to control or limit specific nutrients in foods that contribute in a significant and detrimental manner to nonco=unicable diseases in the Pacific; Strengthen the inspection and laboratory capacity of Pacific island countries to enable authorities to better monitor and enforce regulations related to the nutrient content of food; Strengthen industry training progra=es, quality control systems and laboratory capacity to enable industry to better monitor and control nutrient content of food products for sale in the Pacific; Educate co=unities and food industries regarding the need for, benefits of and the form of food regulations aimed at reducing nonco=unicable diseases as they are being developed and introduced at a national1evel;
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-7• Consider establishing, at a national level, health promotion foundations for nutrition education; Consider adapting existing nutrient profiling systems for specific purposes (e.g. school food policies, marketing of food to children, government food policies).
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It was further agreed that international organizations, such as F AO and WHO, should: • Investigate possibilities for expanding collaboration with WHO Collaborating Centres such as Food Standards Australia New Zealand and New Zealand Food Safety Authority to facilitate the development of guidance on health claims, and to provide ongoing support for claims reviews; Prepare and provide a report on the use of food regulations and standards to limit the nutrient content of foods that contribute in a significant manner to the expansion of noncommunicable diseases in the Pacific to the F AOIWHO Coordinating Committee for North America and the South-west Pacific at its next meeting. This report will o o Provide a clear rationale for their development; Identify which food types can be addressed under such regulations and standards, and why; and A regulatory impact assessment;
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Develop and disseminate information to the Pacific island countries including: o Draft regulations and standards for the control of food that can contribute to the undesirable expansion of noncommunicable diseases in the region; • • o that are consistent with Codex; and which facilitate fair trade;
The implications of such regulations and standards.
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Facilitate the exchange of information between countries that are reducing trans fatty acid content (in products using modified fats) and the Pacific island countries, so that Pacific imports also become correspondingly lower in trans fatty acids; Provide suitable information and technical assistance on nutrient profiling systems to interested countries; and Advocate the benefits of an international nutrient profiling system for classifying foods for a variety of regulatory and educational purposes.
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ABBREVIATIONS
FAO HACCP IFSP NCD RTFP SPC UNICEF USFDA WHO
Food and Agriculture Organization ofthe United Nations Hazard Analysis and Critical Control Point Integrated Food Standards Project Noncommunicable disease Regional Trade Facilitation Programme Secretariat of the Pacific Community United Nations Children's Fund United States Food and Drug Administration World Health Organization
-9I. INTRODUCTION
1.1
Background
Improvements in technology, globalization of food supply and changes in consumers' expectations of food have led to the international distribution of food products traditionally produced and consumed within the same country. While this has introduced greater variation in diets, especially among people living in isolated areas, a number of risks may be associated with increasing international food trade. It has, for instance, increased the chances of serious outbreaks offoodborne diseases. It has also placed the populations of many Pacific island countries at risk of malnutrition associated with micronutrient deficiencies and at risk of noncommunicable diseases. Agriculture and fisheries are important engines of economic growth in most Pacific island countries, but increasingly strict food safety and quality regulatory requirements have been impediments to fully exploiting potential markets. Recent examples of food safety and quality issues impacting on food trade in the Pacific were: cyanide in cassava; cadmium in taro; mercury, histamine and ciguatera in fish; Escherichia coli in green leafy vegetables; Salmonella Typhi in palusami; and metal contamination in desiccated coconut. Furthermore, food exports from Pacific island countries have been rejected for reasons of inadequate labelling. Poor grading and packaging standards are reducing the quality and value of food exports. Most of these issues are related to inadequate capacity to ensure food safety and quality along the food chain - from farm to fork - and generally weak national food control systems (including food law and regulations, management structures, inspection and certification services, and laboratory services). Compliance with international food safety and quality standards is necessary not only to gain market access for export commodities, but also to supply the lucrative tourism industry within Pacific island countries, as well as for the well-being of the local population. Because of limited analytical capacity and weak outbreak investigation protocols, the true burden of foodborne disease in the Pacific is yet to be accurately determined. However, diarrhoeal diseases remain a leading cause of morbidity in several countries including Kiribati, the Marshall Islands, Nauru, the Commonwealth of the Northern Mariana Islands, Palau, Tonga, Tuvalu and Vanuatu. Bacterial intoxications, hepatitis A, cholera, typhoid and paratyphoid fevers, shellfish poisoning, ciguatera and scombroid intoxications are also of public health significance in the Pacific. Consumers are often exposed to food that is sold after its specified use-by date and/or has undergone temperature abuse during distribution to the Pacific. Noncommunicable diseases caused by inadequate diet and physical activity are major concerns in the Pacific. OvelWeight and obesity co-exist with undernutrition in many Pacific island countries. The issue of under-nutrition during early childhood is particularly relevant in Kiribati, Solomon Islands, Vanuatu, the Marshall Islands, the Federated States of Micronesia and Papua New Guinea, where infant mortality rates and the prevalence of stunting, undelWeight and vitamin and mineral deficiencies are among the highest in the region. Other significant nutritional concerns include anaemia (and associated iron deficiency) in most Pacific island countries, vitamin A deficiency in Kiribati, the Marshall Islands, Micronesia and Papua New Guinea), iodine deficiency in Fiji, Papua New Guinea, Vanuatu and possibly Solomon Islands and Samoa). Understanding the role that imported and dome~tically processed foods play in these diseases is important.
- 10 An increasing number of Pacific island countries are modernizing and strengthening their food legislation to better protect the food supply and enhance food trade/exports from Pacific island countries. Legislation is facilitating market access for agriculture and fishery products within the region and in countries outside the region. Most Pacific Island Forum countries have legislation that addresses different aspects of food control. However, it is not integrated in a way that ensures food safety along the entire length of the food chain. In several countries, legislative effort ended with the enactment of the primary statute and the absence of subsidiary regulations and standards is common. No coordinated effort has been made by the Pacific Island Forum countries to set up regulations and standards that facilitate trade in safe food throughout the region.
The cost-effectiveness and potential sustainability of fortification are substantial and proven. A panel of economics experts who produced the Copenhagen Consensus ranked the provision of micro nutrients (vitamins and minerals) as the second most cost-effective and feasible strategy for advancing global welfare, and particularly the welfare of developing countries. Appropriate food standards, legislation and control measures are valuable means of improving nutrition and reducing micronutrient deficiencies through fortification of staple foods with appropriate levels of vitamins and minerals. They can also contribute to the prevention of nonco=unicable diseases by requiring the clear identification and labelling of foods high in fat, salt and sugar and by establishing food quality standards that help prevent obesity and related noncommunicable diseases. Protecting human health in today's global food market is an important challenge that must be addressed through effective food legislation, standards, monitoring and enforcement. These components of an effective food control system can enable: (1) assured food safety and quality from production, or importation, to consumption; (2) micronutrient deficiencies to be effectively addressed through fortification; and (3) the prevention of obesity and related nonco=unicable diseases by clearly identifying foods high in fat, salt and sugar and the establishment of food quality standards that can help prevent obesity and related nonco=unicable diseases. To achieve these goals, it is important and appropriate that countries work more closely with each other to consider a regional approach to setting standards based on Codex guidance, a regional approach to the fortification of selected foods and the establishment of food quality standards that can help prevent obesity and related noncommunicable diseases. 1.2 Objectives (1) To review existing food laws, regulations and standards and identify priority areas for development at a national level. To agree on action to be taken to advance the development, adoption and effective enforcement of: (a) food standards that: (i) are consistent with Codex guidance; and (ii) facilitate trade in safe and suitable food among the Pacific Island Forum countries; and mandatory food fortification standards.
(2)
(b)
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1.3
Participants
Thirty-four participants were drawn from 13 countries of the Pacific and seven temporary advisers were drawn from within and outside the region. The participants were senior health officers who have responsibility for food standards development, senior agriculture officers involved in standards work, senior commerce and trade officers or standards officers, and officials of the attorney general's offices of the Pacific. The temporary advisers were experts from the WHO Collaborating Centre for the Prevention of Obesity and Related Research and Training in Australia, New Zealand Food Safety Authority, Fiji's Ministry of Health, and the New Zealand law firm Allen and Clarke Ltd.; and consultants on food fortification from Guatemala and the Netherlands. In addition, SPC, UNICEF, and the Global Health Institute were represented at the meeting. Annex 1 provides a full list of participants, temporary advisers, representatives and secretariat members. 1.4 Meeting structure and organization
The meeting was conducted from 3 to 6 December 2007 at the WHO Regional Office for the Western Pacific, Manila, Philippines. At the inaugural session Dr Lepani Waqatakirewa, Permanent Secretary for Health, Fiji, was elected Chairperson for the meeting and Ms Rebecca Lorennij, Assistant Secretary, Ministry of Resources and Development was elected Vice-Chairperson. Ms Gaylene Tasmania, Niue, and Ms Iulia Petelo, Samoa, were elected Rapporteurs. The meeting agenda (Annex 2) was adopted at the opening session. The operational officer gave an overview of the background and objectives of the meeting, outlining the small group work sessions and plenary sessions, both group presentations and joint discussions. Technical presentations by participants, temporary advisers, and representatives of international and regional organizations (e.g. Food and Agriculture Organization of the United Nations and WHO secretariat) were provided in support of the working group and plenary activities and discussions.
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2. PROCEEDINGS
2.1
Session 1 - Opening ceremony
Dr Luca Tommaso Cavalli-Sforza welcomed the participants and introduced Dr Linda Milan, Director, Building Healthy Communities and Populations, WHO Regional Officer for the Western Pacific. Dr Milan gave an opening address (Annex 3) on behalf of Dr Shigeru Omi, Regional Director of the WHO Regional Office for the Western Pacific. Mr Dirk Schulz, Food and Nutrition Officer, FAO Sub-Regional Office for the Pacific Islands, welcomed the participants and gave an address on behalf ofFAO (Annex 4). 2.2 Session 2 - Food safety, nutrition, food regulation and enforcement in the Pacific
Session two comprised presentations on food safety, nutrition, food regulation and enforcement in the Pacific. The background papers were intended to stimulate debate and decision-making for the subsequent working group and plenary sessions. 2.2.1 Food standards and conformance under the Regional Trade Facilitation Programme
Mr Schulz introduced the Regional Trade Facilitation Programme (RTFP) of the Pacific Islands Forum. He explained that there are two agreements of relevance, namely the Pacific Island Country Trade Agreement (PICT A), which laid the foundation for a Free Trade Area among members, and the Pacific Agreement on Closer Economic Relations (PACER), which has provisions for financial and technical assistance in areas of trade facilitation, trade promotion and economic adjustment to trade liberalization. The RTFP has three key components: (I) customs, (2) quarantine, and (3) standards and conformance. The standards and conformance component is coordinated by the Pacific Islands Forum Secretariat and includes the Integrated Food Standards Project (IFSP) that is delivered by WHO and F AO. The overall goal of the IFSP is to strengthen the capacity of Pacific Islands Forum countries to establish and enforce internationally recognized food laws, standards and inspection procedures to promote unhindered trade in safe and wholesome food. Mr Schulz explained that the RTFP calls for trade facilitation programmes to be consistent with other regional and international trade facilitation agreements and initiatives. In view of the World Trade Organization designating Codex as the reference point for standards pertaining to food safety, Codex standards are particularly relevant to Pacific regional trade agreements. 2.2.2 Strengthening national food control systems and their essential building blocks
Ms Melissa Quarrie, New Zealand Food Safety Authority, made a presentation on food control systems and their essential building blocks. The presentation dealt with domestic and international considerations for developing robust food control regimes; policies and objectives to underpin legislation; underlying principles; New Zealand's regulatory model and the relationship between the regulator, industry and auditors; and the generic structure of a regulatory regime, i.e. high-level enabling legislation, regulations that set the desired outcomes, standards development, monitoring and compliance, and administrative structures that develop and implement the legislation.
- 13 2.2.3 Food trade and food safety in the Pacific
Mr Schulz delivered a presentation on current issues affecting food trade and food safety in the Pacific. He displayed statistics that indicated a significant increase in the trade of food and agricultural products in the Pacific island countries. Imports have grown at a substantially higher rate than exports, leading to a dependency on imported food. The increase in global food trade has brought with it an increase in food safety and quality risks. To demonstrate this, he drew attention to recent food import refusals by the United States of America. According to data collected and analysed by the Food and Drug Administration (USFDA) in 2006-2007, fish comprised 51 % of import refusals, followed by processed snack foods (31 %), herbs and spices (6%), canned food (3%) and beverages (3%). The main cause of import refusals was labelling, e.g. misbranding, ingredients and/or additives not listed, inaccurate quantity statement, and the absence of nutritional information. Adulteration was another cause of refusal in terms of unsafe food colouring and contaminants in food products. Hazard Analysis and Critical Control Point (HACCP) compliance failure also contrib~ted to import refusal, with rejected products not being prepared, packed or stored under sanitary conditions. He concluded that limited capacity to ensure food safety and quality along the food chain and weak food control systems were having a significant impact on the ability of Pacific island countries to successfully conduct trade. 2.2.4 Current food laws, regulations and standards in the Pacific and their enforcement: a gap analysis Mr Anthony Hazzard, WHO Technical Officer in Food Safety noted that basic food law should be designed to protect health, protect consumers' rights and facilitate trade in safe food. He further noted that the law should be based on risk analysis principles - either from independent, objective and transparent risk assessments or based on Codex standards, codes and guidelines that were developed based upon a thorough risk assessment. Basic food law should be developed, evaluated and revised in an open and transparent manner, involving public consultation. In terms of primary legislation in the Pacific, some countries have recently enacted a basic food safety law, e.g. Fiji (2003), Nauru (2005) and Kiribati (2006). In the latter case, the law has yet to be gazetted. Some countries prepared food legislation in the 1980s and 1990s that fail to take a farm-to-table approach, e.g. Cook Islands (199211993), Niue (1981), Papua New Guinea (1991). Some have outdated combined food and drug legislation, e.g. Samoa (1967). The food law of the Federated States of Micronesia addresses imports, exports and food in interstate trade, but it does not address domestic food. The Marshall Islands and Palau have no basic food law but have pieces of legislation that refer to food in an incomplete manner. Both Tonga and Tuvalu are currently in a state of change related to food safety and their laws are in draft. In terms of subsidiary legislation, regulations and standards, Cook Islands re-drafted its regulations in 2007 after waiting many years for the original to be reviewed; progress on the 2007 draft remains unclear. Kiribati and Nauru have draft hygiene regulations only. Palau has regulations that focus on sanitary aspects but has no power to make standards. The Federated States of Micronesia has several useful regulations and standards and is in the process of developing more. Fiji is currently developing standards that are consistent with Codex under Food Safety Act, 2003. Solomon Islands has draft food hygiene regulations that are being revised with FAO assistance to be consistent with recent fisheries regulations and Codex standards. Vanuatu's regulations have just been endorsed. Mr Hazzard stated that seafood exports often drive standards development and that exports are sometimes regulated more strictly than food for domestic consumption.
- 14 The enforcement of laws, regulations and standards in the Pacific needs to be improved. Food safety inspection personnel, who are frequently absent, lacking in number and limited in training (e.g. assistants, sanitarians, interns), often have a poor understanding of existing legislation. With respect to food inspection, the Federated States of Micronesia and Papua New Guinea rarely undertake imported food inspection; when it is done, it is undertaken at the retail level and is not risk-based. Inspectors are rejecting and destroying products unnecessarily and there is little inter-government agreement on certification. Food prepared, processed, handled and sold domestically is under limited control; and food complaints and food recall systems are limited or absent. 2.2.5 Public health and nutrition in the Pacific
Mr Robert Hughes presented a profile of public health and nutrition issues for Pacific countries. Nutrition disorders are serious public health threats in many countries. Data on undernutrition in terms of low birth weight and anthropometric measures ~ weight-for-age (underweight), height-for-age (stunting) and weight-for-height (wasting) ~ show that large proportions of infants in most Micronesian and Melanesian countries are failing to thrive. The prevalence of iron deficiency anaemia (IDA) is of great concern in at least 11 countries, with some having a prevalence in excess of 60% for women and children. Recent surveys in Papua New Guinea and Fiji show that the prevalence of IDA has increased over the last 10 to 15 years. Vitamin A and iodine deficiencies are of concern in at least six Pacific island countries. Lifestyle diseases account for 75% of all deaths in Pacific countries. The high prevalence of obesity, raised blood pressure, physical inactivity, tobacco use and low consumption of fruits and vegetables ~ i.e. the five major risk factors for noncommunicable disease (NCD) ~ show that the majority of Pacific island populations are at high risk of premature death. Programmes that integrate the promotion of nutrient-rich foods, supplementation for those most at risk, food fortification and helminth/parasite control are needed to combat the problem. The participants briefly discussed global and regional plans and strategies, WHOIF AO National Plans of Action on Nutrition, the WHO Global Strategy on Diet and Physical Activity and Health, the WHO STEPwise Approach to NeD Prevention, and WHO Using Domestic Law to Fight Obesity. 2.3 Session 3 ~ Reviewing the current status of food legislation in the Pacific and identifying gaps for future action
The purpose of the working group sessions was to review the current laws, regulations and standards in the Pacific and to identify the gaps that need to be addressed in the short-to-medium term (six months) and long term (two years) to promote health and fair trade in the Pacific. The groups were divided to allow country subgroups to review the draft gap analysis document. The country subgroups reviewed and revised the information therein, corrected it as necessary to reflect the current situation and then set about identifying the gaps that needed attention in the short, medium and long term. To help with the process, the groups considered the following questions: • • • • • Is there a food safety law that applies nationally for all food (imported, exported and produced, processed and consumed domestically)? Is there a single food safety law that addresses food "from farm to table" (including animal feed)? Has the country given consideration to the development of an overarching basic food safety law that identifies key principles? Are the definitions used in primary food safety legislation consistent with Codex terminology? Is at least one competent authority identified by legislation?
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What (if any) regulations have been established under food safety law and are these consistent or inconsistent with regulations made under other pieces of legislation? Are they sufficient to allow effective food control? Are there adequate standards tkt enable stakeholders to identify the minimum requirements and enable regulators to assess food against specified standards, e.g. horizontal or commodity standards? Have Codex standards been adopted by legislation and, if so, how do stakeholders identify what this means to them? For example, in relation to sampling and analysis, is it clear how many samples need be taken and how they will be analysed? Do laws, regulations and standards provide guidance on what to do in a food emergency, including food recall? Are the responsible authorities adequately trained for enforcing the laws, regulations and standards? Are they fully r~nversant with existing laws, regulations and standards? Do authorities have adequate human and other resources to effectively enforce existing legislation? Is imported food adequately controlled before entering the domestic market? Is the national food control effort based on risk? Is there a problem of limited analytical capacity? Have tracing and recall procedures been established in conjunction with industry to rapidly identify, investigate and control food safety incidents? Is WHO being advised of those that fall under the International Health Regulations (lHR) (2005) through the International Food Safety Authorities Network (INFO SAN) and the NationallHR Focal Point? Are authorities communicating and consulting effectively with consumers, the food industry, and other stakeholders in developing, implementing and reviewing food safety policies and priorities, including education and other matters of concern?
2.4
Session 4 - Establishing food laws. regulations and standards in the Pacific: issues to be considered Devising food standards for application in the Pacific
2.4.1
Mr Hazzard made a presentation on the development of food standards in the Pacific. He pointed out that the majority of countries have limited quality assurance capacity and that testing results are often questionable. As such, setting standards for sampling and analysis requirements has to be realistic. He also stressed that legislation had to be adequately understood by consumers, industry and regulators and must be appropriately applied by industry. He recommended that standards should be based on risk assessment, experiences of other countries, or risk-based Codex standards. Fiji has adopted Codex standards. However, it may not be clear to consumers, industry and regulators what this means. Mr Hazzard presented the format of Codex standards and encouraged the development of standards along a similar structured approach. He noted that Pacific island countries may find it difficult to adopt the Codex standards in full because of their limited food analysis capacity. Materials prepared by Dr W. Aarlbersberg, University of the South Pacific, clearly identified that each sector in government has separate facilities (health, water, mining, agriculture, etc.) and that building food analysis capacity is often not a government priority. Mr Hazzard identified a few countries in Pacific that have food analysis capabilities. In Fiji, the University of the South Pacific (USP) has an internationally accredited laboratory that is a Centre of Excellence in nutrient and pesticide analysis, is accredited by the European Union for the testing of tuna exports, and has completed the Fiji Total Diet Study of weekly contaminant intakes. Solomon Islands is building analytical capacity and Papua New Guinea has internationally accredited laboratories.
- 16 2.4.2 How Codex sampling and analysis requirements are addressed in New Zealand standards and what this means in the Pacific Mr M. Clear, New Zealand Food Safety Authority, outlined New Zealand's system for controlling domestic and exported food. The legislative framework, including standards, overseas market access requirements, competencies and monitoring and review were discussed from a risk management perspective. The problems of sampling and testing for Pacific island countries were detailed and some examples of New Zealand commodity sampling programmes were given. Factors in developing an optimal sampling programme within the context of Pacific island countries' resource capability were identified. 2.4.3 Food standards development in Fiji
Mr Samuela Bolalailai, Ministry of Health, reported on the process of developing food legislation, regulations and standards in Fiji. He reported that Fiji, in 1992, began to revise the Pure Food Act Cap. 116, which had been in force since December 1926. The Food Safety Act of 2003 replaced it in August 2003. The purpose of the new Act was: "To promote public health and safety with regard to food, to regulate the preparation, sale and use of food. To assist consumers make informed choices on food, to promote fair trading practices in relation to food and for related matters". However, before it is enforced it is considered necessary to have regulations finalized and approved by the Minister for Health and gazetted. The current draft of the regulations customizes the Codex standards to suit the Fiji situation. They have the aims of controlling local and imported foods; employing good hygienic principles; and facilitating trade instead of being a barrier to trade in safe food. Currently, there are three drafts that need to be merged and discussed broadly with all relevant stakeholders. 2.4.4 Revising food hygiene regulations in Solomon Islands
Ms Ethel Mapolu advised the meeting that the Pure Food Act was drafted in 1995, and passed and gazetted in 1996. The Food Hygiene Regulations were drafted at the same time and put forward to the Attorney General's Chambers. The draft sat there for 10 years. Since it had become outdated, it needed major review. A review was first done by stakeholders and senior health inspectors from the provinces in 2006. Another major review with stakeholders and selected health inspectors, with the assistance of a consultant from FAO, was done in October 2007. A final draft will be put forward to the Attorney General's Chambers once completed. Ms Mapolu reported that although the regulations do not take a farm-to-table approach, they address HACCP, use Codex definitions where possible, and stipulate qualifications expected of inspectors. The regulations require medical examinations before food handlers can commence work in a food business. The regulations also address food additives and nutrient supplements. Other existing regulations include the Pure Food (Fishery Products) Regulation 2005. This regulation was drafted in 2000, reviewed in 2003 and gazetted in 2005. 2.4.5 Revising food regulations in Vanuatu
Mr Joe Pakoa, Trade and Industrial Development Officer, Department of Trade and Industry, reported that Vanuatu's Food (Control) Act No. 21 of 1993 gives the Minister of Health the power to make regulations related to food control. Prior to drafting any regulations, a policy paper is developed and presented to the Committee of Directors and to the Council of Ministers for endorsement. The Food (Control) Regulations No. 37 of 2007 fall under the Food (Control) Act. The regulations were in draft form for several years until the National Codex Committee re-energized the Environmental Health Unit under the Public Health Department of the Ministry of Health in 2004. The regulations were reviewed by the general public and private sector and finalized by the State Law Office from 2004 to 2007. At the end of 2007, the regulations were signed by the Minister of Health and gazetted by the State Law Office. The regulations will be fully implemented after a one-year grace period in 2008.
- 17 The Food Regulations No. 37 of2007 is broken down as follows: • • • • • • • • • • Part 1 - Preliminary Part 2 - General Hygiene of Food Handlers Part 3 - Certification of Food Handlers Part 4 - Display, Sale, Serving and Storage of Food Part 5 - Cleaning of Food Utensils and Food Premises Part 6 - Constructions of Food Premises Part 7 - Food Processing, Packaging and Transportation Part 8 - Labelling Part 9 - Miscellaneous Schedules.
Limitations to effective implementation of these regulations include: • • • 2.5 shortage of qualified personnel to implement and enforce the regulations; a need to explain the legislation and regulations to those who have to enforce them; and limited availability of funds to provide such training.
Session 5 - Actions to advance food laws, regulations and standards in the Pacific
In session 5, groups identified and discussed actions to advance food standards to promote health and fair trade in the Pacific. Groups were asked to consider the draft food standards of Fiji, which were based on the Codex standards. In developing the standards, Fiji used a food standards code approach, whereby additional standards were added and unnecessary standards were removed. Groups were also asked to consider the following questions when identifying actions to advance food standards to promote health and fair trade in the Pacific:
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Do current food safety laws allow the setting of food regulations and mandatory standards? If not, is there political will to revise legislation so standards can be set? If so, what actions are required? What horizontal standards should be priOritized for development, e.g. hygiene, labelling, health and nutrition claims? What commodity standards should be prioritized? Is there technical expertise in country to draft food standards from a food safety technical perspective? If not, how else might food safety technical expertise be applied to the development of standards? Is there legislative drafting expertise in country to ensure the draft standards are put into a format consistent with national requirements? How can the development of standards be transparent and engage all key stakeholders? Where analytical capacity is absent or limited, is it possible to require importers to have analyses done by an internationally accredited laboratory prior to entry into the country? What can be done to ensure tLat inspectors are adequately trained in new laws, regulations and standards?
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- 18 • What actions can be taken to assist inspectors to enforce laws, regulations and standards?
Groups were then asked to consider the following potential actions at a Pacific regional level: • possible establishment of a Pacific Food Law, Regulations and Standards Expert Group to share information and expertise on food law, regulations and standards development and enforcement; development of a Pacific web-based database to share information on existing legislation, i.e. F AO portal; identification of food analysis capacity in the region; assessment of the effect of varying from Codex guidance, reo sampling and analysis; and a regional approach to assessing whether those exporting to the region comply with standards.
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Groups also prepared national action plans on food laws, regulations and standards and their more effective and transparent enforcement. 2.6 Session 6 - Adoption of conclusions and recommendations on advancing food safety laws, regulations and standards in the Pacific
The participants reviewed draft conclusions and recommendations arising from sessions 1-5 and reached consensus (see the conclusions and recommendations section of this report). 2.7 2.7.1 Session 7 - Food fortification Micronutrient deficiencies in the Pacific and action needed to address them
Ms Karen Codling's presentation on food fortification reviewed the impact of micronutrient deficiencies and the level of deficiency in the Pacific island countries. She stated that iron deficiency and anaemia cause cognitive impairment of young children, some of which is irreversible, and reduce adult productivity, particularly in relation to manual labour. Iron deficiency and anaemia also contribute to perinatal and maternal mortality, and increase the risk of pre-term birth and low birth weight. Vitamin A deficiency increases the severity of common infectious diseases, resulting in more deaths. It also affects eyesight, especially in children and pregnant women. Iodine deficiency causes cognitive retardation, especially in children. The IQ levels of iodine deficient populations are 10 to 15 points lower than iodine sufficient populations. Zinc deficiency is associated with increased childhood mortality, in particular from diarrhoea, as well as stunting, which affects adult productivity. Folate deficiency causes neural tube defects. Of all the micronutrient deficiencies, iron deficiency causes the most significant losses to current productivity (i.e. productivity of adults). However, it also has a huge impact on future productivity because of its effect on child cognition. Data on micronutrient deficiencies in the Pacific are very limited. Ms Codling presented anaemia data for young children, school-age children and women as well as the data available on vitamin A deficiency and iodine deficiency. Overall, the data suggest that many, ifnot the all the Pacific island countries, have a micronutrient problem and that interventions to address them are needed. The data also point to the success of salt iodization in countries such as Fiji and Papua New Guinea. The presentation concluded with a review of the success of salt iodization globally.
- 19 2.7.2 FAOIWHO Guidelines on food fortification with micronutrients
Mr Schulz introduced the FAOIWHO Guidelines onfoodfortification with micronutrients, published in 2006. In doing so, he reminded delegates that when establishing provisions for fortification within national food law, regulators need to take account of existing regulations on international trade and the global agreements that govern trade. He explained that the World Trade Organization's Technical Barriers to Trade (TBT) agreement allows for certain measures necessary for the protection of human health within the provisions of the Agreement. As regards Codex, the addition of essential nutrients to foods, i.e. fortification, should be the responsibility of national authorities. Therefore, national food laws and related measures, together with the broader food control system, are the primary tools available to governments for establishing an appropriate level of control over food fortification practices. Mr Schulz then introduced the criteria governing the selection of mandatory or voluntary fortification, as an important legal consideration. He concluded by suggesting that countries in the same region - with similar public health nutrition problems and food cultures - may benefit from a common position on fortification policy and regulation that could be uniformly adopted to guide national regulations, so as to facilitate trade and realize potential economies of scale. 2.7.3 Regional approaches to food fortification in the Eastern Mediterranean Region
Dr Anna Verster, WHO Temporary Adviser, introduced strategies used in the Eastern Mediterranean Region to combat iron deficiency, anaemia and folic acid deficiency. Specifically, she presented lessons learnt from the flour fortification programme. WHO estimates that more than two billion people in the world are anaemic. In the Eastern Mediterranean Region, around half of all women and children are anaemic. Iron deficiency has serious consequences. It reduces cognitive performance, lowers work performance and endurance, impairs iodine and vitamin A metabolism, leads to anaemia and increases the risk of maternal mortality and child mortality. Through its effects on learning ability and productivity, iron deficiency causes important economic losses to countries. In 1995, regional offices of WHO and UNICEF held a consultation on the control of iron deficiency and anaemia in the Islamic Republic of Iran. The consultation identified several causes of iron deficiencies in the Eastern Mediterranean Region. Total iron intakes were low, the bio-availability of the iron consumed was low (due to high intakes of inhibitors such as tea and low intakes of enhancers such as fresh fruits and meat), iron losses and requirements were high (due to high birth rates coupled with short birth intervals), and the prevalence of parasitic infestations was high. The consultation identified the following complementary strategies to combat iron deficiency and anaemia: (1)
(2) (3) (4) (5) (6)
effective public education to achieve appropriate dietary modifications in order to increase iron intake and increase bioavailability of the iron consumed; control of parasitic infections; family planning for health; promotion of breast-feeding and adequate complementary feeding; effective, innovative iron supplementation programmes; and fortification of suitable foods.
In the 1990s, it was discovered that folic acid prevented neural tube defects. Estimates from the Centers for Disease Control and Prevention (CDC) in Atlanta suggest that some 250,000 children are born each year with severe neural tube defects such as spina bifida or anencephaly. In the Eastern Mediterranean Region, flour is being fortified with folic acid to reduce neural tube defects. As many pregnancies in the Region are unplanned, fortification ensures that folic acid is consumed before and around conception. The flour fortification programme was started some 10 years ago, before the WHOIFAO standards were published. As such, the programme has really been a case of "learning by doing".
- 20Two workshops were held in the Eastern Mediterranean Region to support the flour fortification programme. The workshops brought together Ministry of Health programme managers (policy makers, regulatory and food control authorities), the standard setters and quality controllers, academia (for research and development) and the flour millers (the actual fortifiers). The workshop participants agreed on a regional standard to facilitate trade. Some years after starting the fortification programme, several countries carried out evaluations. Oman fortified white flour with 30 PPM elemental iron (half the recommended level) and 1.5 PPM folic acid. Evaluation showed equivocal impact on iron nutrition but a significant reduction in the incidence of neural tube defects. Iran evaluated its pilot programme and found that 30 PPM iron from FeS04 had had a positive impact on both iron deficiency and anaemia rates. The programme has been expanded nationwide. There is increasing scientific evidence from all over the world that flour fortification works. In Thailand, women with low iron stores, who received an additional 12 mg iron per day, six days per week for 35 weeks in wheat-based snacks, exhibited an improvement in body iron stores of 77% and 49%, depending on the iron-type. More recently, a study of Kenyan schoolchildren who consumed maize flour fortified with iron EDTA and electrolytic iron was carried out over five months. The results of the study showed that maize flour fortified with NaFeEDTA at high levels (56 mg iron per kg flour) or low levels (28 mg/kg) reduced the prevalence of iron deficiency anaemia by 89% and 48%, respectively. High-dose fortification with NaFeEDTA led to larger gains in iron status than low-dose fortification, and was more efficacious in children with iron deficiency at baseline. By contrast, electrolytic iron did not improve iron status. Food fortification is a continuing process. The standards need to be reviewed regularly and updated in the light of new evidence. In the Eastern Mediterranean Region, several countries (Afghanistan, Jordan, Kuwait, Morocco and Palestine) have started multiple micronutrient fortification of flour. The Gulf Cooperation Council's standard for wheat flour now includes multiple micronutrients. Recently, a technical consultation on the fortification of flour with multiple micronutrients proposed a new standard for Region. In conclusion, Dr Verster stated that the regular consumption of adequately fortified foods is a good method to maintain body stores efficiently and effectively. Fortification is often more cost-effective than other strategies and when properly regulated, fortification carries a minimal risk of chronic toxicity.
2.7.4
Regional approaches to food fortification in Central and Latin America
Ms Monica Guamuch discussed the regional approach to food fortification in Central and Latin America. She reported that wheat flour is fortified in Central America with 55 mg/kg of iron (45 mg/kg from ferrous fumarate), 6.2 mg/kg of thiamin, 4.2 mg/kg of riboflavin, 40 mg/kg of niacin and 1.8 mg/kg offolic acid. In 1997, efforts to harmonize the levels in the subregion started. Two workshops were organized. The first one called together representatives from the Ministries of Health and Trade to agree on fortification levels and enforcement activities. The second workshop was designed to foster collaboration between government and industry. In 2002, the subregional regulation was passed. Enforcement of the regulation is necessary to ensure the fortified food contains the adequate micronutrient levels. The regulatory monitoring system included in the WHOIFAO Guidelines onfoodfortijication with micronutrients has been used to monitor food fortification programmes. The first stage of the system considers that the producer is responsible for assuring and controlling the quality of the fortified product, in order to ensure that it complies with the regulation. In the next stage, government authorities audit and inspect the factories that produce fortified foods, Imported fortified foods also undergo inspection to verify that they comply with the fortification requirements. Establishing actions to be taken when non-compliance is found is part of the enforcement plan.
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Evaluating the impact of the programme to decrease micronutrient deficiencies is important. It facilitates the identification of those that have not been reached by the programme so that complementary strategies can then be introduced. For those not reached in Pacific island countries, consideration should be given to the fortification of other staple foods, such as rice and complementary foods for young children. Ms Guamuch concluded by advising participants to also consider other strategies such as supplementation and diet diversification. 2.7.5 Legal approaches to the integration of mandatory food fortification into existing food legislation in the Pacific Mr David Clarke gave a presentation on the legal and trade issues associated with establishing a regional standard for food fortification as well as the legal issues associated with giving domestic legal effect to such a standard. The presentation considered: • • • • the issues and choices for establishing a common standard; the rationale for adopting mandatory food standards at a national level (rather than the alternative of adopting a voluntary regime); the steps for giving a common standard domestic effect at a national level; and the elements that would need to be present in national food law for an effective food fortification programme.
2.8
Session 8 - Steps to be taken to introduce mandatory fortification standards in the Pacific
Three working groups were formed to discuss food fortification. One group discussed (1) the contribution of food fortification to improving micronutrient intake within an integrated programme; (2) the rationale for flour and salt fortification, taking into consideration the extent of micronutrient deficiencies and their impact as well as the flour and salt consumption levels and sources in the Pacific; and (3) whether other foods could be considered for fortification in the medium to long term. A second group addressed the proposed standards and developed guidance as to their monitoring, quality assurance and control at country level. The third group identified (1) the legal issues (if any) arising from the establishment of common standards for fortified foods; (2) the steps that would need to be taken to give domestic effect to a decision by a country to adopt common Pacific food fortification standard(s); (3) any legal impediments to giving domestic legal effect to food fortification standards; and (4) any trade impediments to giving domestic effect to food fortification standards. The group work and subsequent plenary session on food fortification agreed to the following. • There are a number of arguments for flour and salt fortification. o o o • It complements other interventions to improve micronutrient and health status. It's feasible for the Pacific because many foods are imported and can be fortified at source. It fulfils the recommendations of the Vanuatu health ministers meeting.
There are good reasons for flour and salt fortification in the Pacific. o o o o o o Flour and salt are consumed by a majority of the population. Flour and salt fortification can benefit lower economic status groups who consume these staple foods and condiments. Only one or two millers and/or a few importers are in each country. Fortification technology and testing are relatively simple. It is possible to monitor and ensure quality. Flour is used for other products like noodles and biscuits.
- 22o o o o o o • Flour can be exported to other countries in the region (e.g. from Fiji). Other micronutrient strategies had not solved the anaemia problem. Technology for fortification of other foods is not as well developed. There is a global mandate for universal salt iodization by WHO Member States. The risk of excess iodine from salt is very little for subjects who are iodine deficient and those who are not. Levels of iodine intake should be more effectively regulated and monitored to protect the population from too much or too little iodine.
The participants also noted the following. o o o Flour fortification should also consider flour products. Universal fortification should be complemented by other micronutrient interventions, especially targeted to those who consume very little flour. Mandatory fortification does not require the promotion of fortified products to ensure they are consumed, although a public infonnation campaign is important. In some countries, data on the status of iodine nutrition are insufficient. Visible goiter is not enough. Urinary iodine excretion is the indicator of choice. Nationally representative surveys of eight- to lO-year-old schoolchildren can be done at relatively low cost if the Ministry of Health, Ministry of Education, teachers and international institutions work together to perfonn urine iodine tests. Dental caries are a major public health problem in many Pacific island countries. Fortification of salt with both iodine and fluorine should be considered for both deficiencies (as is done in France).
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Only two countries have carried out micronutrient surveys. The other countries expressed a need for more up-to-date infonnation on iron, iodine and vitamin A deficiencies, while Cook Islands also wished to look at fluoride. Unfortunately, limited funds and technical capacity were insufficient to carry out national nutrition surveys or similar assessments. External support is therefore important in this area. 2.9 Session 9 - Addressing NCD in the Pacific through food laws, regulations and standards and associated consumer education
2.9.1 Action to address NCD in the Pacific - a regulatory approach to complement other programmes of action Ms Wendy Snowdon reported that noncommunicable diseases such as heart disease, diabetes and stroke, which cause early death, sickness and economic losses, are the major causes of death in most Pacific island countries. Available evidence shows an increasing prevalence of noncommunicable diseases in most of the region. Poor diet and lifestyle are two underlying factors of noncommunicable diseases. Efforts to improve diets need to consider the reasons behind unhealthy diets. Factors such as availability, cost, preference and accessibility are significant. Implementing actions and interventions that tackle these factors is critical if improvements are to be made. Two areas that can be tackled within the scope of food standards are: (1) labelling and (2) quality standards. Ms Snowdon concluded that these areas must not be viewed in isolation and that many other actions will be needed to improve the diets of Pacific islanders.
- 23 2.9.2 Regulatory options to address NCD - the legal perspective
Mr David Clarke presented the legal and trade issues associated with using food standards for NCD control and in particular the importance of the law as a means of establishing a framework for NCD control. Mr Clarke discussed the regional and national issues associated with this important topic as well as the comments made by meeting delegates with particular regard to the lack of capacity and capability to institute food regulatory systems in the Pacific. The presentation also outlined the legal issues and in particular the barriers the Pacific faces in instigating controls in this area. Mr Clarke discussed the impact of trade agreements on the policy and legal choices for Pacific countries that wish to use food laws to address NCD issues and provided legal commentary on the policy options presented by Professor Swinburn and Ms Wendy Snowdon. The presentation addressed the possible use of sustainable funding mechanisms - set up to provide funds for health promotion - as a source of funds for developing and implementing food controls. The speaker suggested that regional-level work could be undertaken on the development of food st:mdards, a model food act and the establishment of regional fora for sharing information on food matters. Mr Clarke stressed the need to use existing Pacific mechanisms and fora for addressing the issue of using food standards for NCD control. At the national level, he suggested that countries include provisions for food-related NCD issues when updating their food laws. 2.9.3 Nutrient profiling and its role in defining criteria for food standards and labelling
Professor Boyd Swinburn outlined the concepts of nutrient profiling which involves classifYing the healthiness of foods according to their nutrient composition. There are several ways of doing this and Foods Standards Australia New Zealand (FSANZ) has modified a UK system recently for the purposes of disqualifying certain foods for carrying claims. A nutrient profiling system can be used for several purposes: excluding foods for foodlhealth claims; excluding foods for marketing to children; nutrition signposting systems (e traffic lights); food taxation/subsidies; organizational food policies; nutrition education, and; food formulation. The systems are relatively new and only some would be applicable to Pacific Island countries. A higher priority for the Pacific is to get mandated ingredient lists, nutrient information panels, and regulations to manage food claims. One option that should be explored is defining productspecific nutrient criteria for some of the foods that are major contributors of fat and saturated fat intake.
2.10 Session 10 - Addressing NCD in the Pacific through food laws, regulations and standards and associated consumer education Participants were asked to form country teams to consider the practicality of labelling and standards intervention options for their country. They were provided with a list of issues to consider: technical, cost and legal feasibility; acceptability; changeability; and equity. Each group summarized its views in a table, which were collated by the facilitators. Following this, participants were asked to work in four larger groups to discuss and agree on regional-level recommendations regarding the role of food regulations and trade in NCD control. The results of the group work sessions were reviewed and discussed in plenary. Overall, while countries feIt that standards and labelling were viable options, most groups were concerned with monitoring and implementation costs and the lack of technical capacity. Recommendations for the region were accepted.
2.11
Session 11 - Adoption of conclusions and recommendations on steps to be taken in a regulatory approach to address malnutrition and NCD in the Pacific
Participants reviewed draft conclusions and recommendations arising from sessions 7-10. They reached consensus on the conclusions and recommendations listed in section 3.0 of this report.
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3. CONCLUSIONS AND RECOMMENDATIONS
3.1
Food Standards to Promote Health and Fair Trade in the Pacific Adopted by consensus by the FAOIWHO Meeting on Food Standards to Promote Health and Fair Trade in the Pacific, held at the WHO Regional Office for the Western Pacific in Manila, Philippines, from 3 to 6 December 2007; Aware that Pacific leaders have called for the serious challenges facing the countries of the Pacific to be met through sharing scarce resources and aligning policies through the Pacific Plan; Recalling that the Pacific Regional Trade Facilitation Programme, coordinated by the Pacific Islands Forum Secretariat, was established to put in place an appropriate, efficient and transparent framework of trade facilitation measures in the Pacific; and that under this programme, the Integrated Food Standards Project aims at protecting human health and facilitating trade in safe and suitable food in today's global food market by addressing this on a Regional basis; Acknowledging that access to safe food and a nutritionally adequate diet is a right of each individuaf; and recognizing that: • Oversight of food safety is an essential public health function that protects consumers from health risks posed by biological, chemical and physical hazards in food as well as by conditions of food; Improvements in technology, globalization of food supply and changes in consumers' expectations of food have led to the international distribution of food products traditionally produced and consumed within the same country, thus both providing greater variation in diets and an increasing opportunity to spread foodborne and food-related risks; Foodborne and food-related risks, if not controlled, can be major causes of disease and premature death as well as lost productivity and heavy economic burdens; Agriculture and fisheries are important engines of economic growth in most Pacific island countries, but increasingly strict food safety and quality regulatory requirements have been recognized as impediments to fully exploiting potential export markets; Protecting human health and promoting fair trade in today's global food market are important challenges that must be addressed through effective food legislation, standards, monitoring and enforcement, extending from food production to distribution;
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World Declaration on Nutrition. FAOIWHO International Conference on Nutrition, Rome, 1992.
- 25 • Weak national food control systems (including aspects such as food law, regulations and standards, management structures, inspection and certification services, and laboratory services) can increase exposure to foodborne risks and reduce the opportunities for international trade; The current gaps in the food laws, regulations and standards of the countries and areas of the Pacific require urgent national action to better promote health and fair trade; It is important and appropriate that countries work more closely with each other to consider a regional approach to setting standards based on the guidance of Codex and of the World Organization for Animal Health (OIE), where appropriate; and Food safety measures should be based on sound scientific evidence and risk analysis principles and should not unnecessarily create barriers to trade.
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It was agreed that at a Pacific regional level:
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A Pacific Food Safety and Legislation Expert Resource Group should be established to exchange infonnation and expertise on food safety, and food law, regulations and standards development and enforcement should be initiated and the principles and mechanisms under which it operates should be detennined, including examining existing and web-based mechanisms; Model legislation and guidance developed by F AO, in association with WHO, would prove useful to countries that are considering reviewing and revising their basic food safety law; The sharing of infonnation on draft food standards among Pacific island countries would provide a useful foundation for countries to develop their own standards, and the drafting of standards using a modular and harmonized approach would allow each country to benefit from regional action by addressing common risks and problems, while allowing countries to address their particular national needs; Pacific island countries should take steps to operate as an effective group in the Codex Coordinating Committee for North America and the South-west Pacific; Efforts should be made to negotiate supply chain quality requirements with exporting countries; Countries should share infonnation on legislation via the WHO Pacific webbased database and the international portal on food safety, animal and plant health (www.ipfsaph.org) to enhance transparency in relation to the development of food laws, regulations and standards in the Region; and A review of, and strengthening of, food analysis capacity in the Pacific should be undertaken with the support ofFAO and WHO.
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The participants called on regional organizations, including the Pacific Islands Forum Secretariat and the Secretariat of the Pacific Community, and international organizations, including F AO and WHO, to continue to provide adequate and ongoing technical support on food safety, particularly in relation to food laws, regulations, standards and their effective enforcement. The placement of food safety technical experts in regional offices of international organizations was seen as an important means of strengthening technical support to the countries and areas of the Pacific. The participants, after having considered each country's national situation in relation to food safety laws, regulations and standards and their enforcement, concluded the following. • The development and review of laws, regulations and standards needs to be transparent. Key stakeholders need to be engaged through public consultations of industry and consumer representatives. Where prescribed, laws, regulations and standards must be developed in accordance with established administrative procedures. In developing national standards based on the guidance of Codex, priority attention should be given to general or horizontal standards such as hygiene, labelling, and nutrition-related standards. When developing commodity standards, national priorities should be considered. Particular consideration should be given to high-risk products that might include fish and fisheries products, meat and meat products, canned foods, cereal products, kava, cocoa, coffee, cassava, spices, and infant food. A core analytical capacity is needed at the national level. Ways to optimally integrate this with regional and international analytical capabilities must be identified. Efforts must be undertaken to ensure inspectors are adequately trained in new and existing laws, regulations and standards and are trained and motivated to enforce them. Efforts must be undertaken to ensure inspectors and industry personnel are appropriately trained in areas of relevance such as HACCP, validation, verification and food preservation technologies. Food safety legislation must be adequately and effectively enforced using risk-based methods, such as the Hazard Analysis and Critical Control Point system, where possible. There is a need to establish food incident and emergency procedures, including complaints systems, food alert systems and recall systems to rapidly identify, investigate and control food safety incidents and emergencies. There is a need to strengthen the effectiveness of the International Food Safety Authorities Network (INFOSAN) and at the same time identify opportunities for receiving rapid alerts from a wide range of sources, including countries exporting to the Pacific, to rapidly identify, investigate and control food safety incidents and emergencies. It is important to communicate and consult effectively with consumers, the food industry, and other stakeholders in implementing food safety policies and priorities.
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- 27 The participants identified a number of key actions to be taken at national level. • Cook Islands should hold a public consultation as soon as possible in order to facilitate the approval and subse(1uent endorsement of draft food regulations. In the medium to longer term, the basic food legislation should be revised to facilitate a farm-to-table (food chain) approach and Codex compliance. For Fiji, the recent adoption offood legislation has resulted in a need to rationalize all legislation to ensure its consistency as well as a need to continue to draft, consult on and finalize regulations and standards under the Act In the longer term, the delegates identified the need to consider a competent food safety authority with overarching responsibility for food control. Kiribati should finalize food safety regulations and food fortification standards by 2009 and reactivate the national Codex COmmittee. The Republic of the Marshall Islands shOUld increase efforts to finalize a basic food safety law. It should seriously consider joining Codex, establish a national Codex committee, and expand efforts to gain experience in Codex matters by collaborating with the Federated States of Micronesia and other Pacific island countries; For the Federated States of Micronesia, priority attention should be given to establishing national policy and strategy for food safety, completing draft food. standards, reviewing existing national food safety legislation, and formally recognizing the Food Working Group, established under national legislation, as a national Codex committee. In addition, action should be taken to provide training for regulatory and food industry personnel. Furthermore, a feasibility study should be conducted to evaluate the need for, and sustainability of, a small national laboratory with basic microbiological and chemical analysis capacity. For Nauru, action will focus initially on becoming a member of Codex, repealing the Manufacture and Sale of Bread Ordinance, reviewing fisheries legislation, and drafting regulations (hygiene and labelling) under the current food safety legislation. Furthermore, attention will be given to strengthening analytical capacity and training of assistant food inspectors. For Niue, priority attention should be given to the development of modern, overarching food safety legislation and building national capacity to implement the legislation. For Palau, political will to review legislation was considered important along with the need to seek support for the establishment of a Food Safety and Security Working Group that could take on the task of developing draft legislation. Samoa should separate its food law from legislation on drugs, therapeutic goods and medical devices and redraft the food law to ensure that it is Codex compatible and emphasizes the farm-to-table principle. Solomon Islands should finalize of the recently reviewed draft food hygiene regulations, taking into account provisions for food fortification. Subsequently, workshops should be conducted for food importers and authorities. Future national action will focus on development of commodity-based regulations and standards.
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- 28 • For Tonga, the -need to continue to advance efforts to fmalize the draft food safety legislation for enactment was seen as a first step with the subsequent establishment of a National Food Control Authority as prescribed in the draft legislation. For Tuvalu, the immediate task was to consult on the draft food safety legislation and seek its approval by parliament as soon as possible. For Vanuatu, priority action was focused on amending the food safety law to allow for food fortification and to subsequently draft and have approved standards on food fortification.
•
•
A detailed analysis of the gaps in the current food laws, regulations and standards in the Pacific and their enforcement is captured in the meeting report in Annex 6. 3.2 Food Fortification Standards to Address Micronutrient Deficiencies and Promote Fair Trade in the Pacific Concerned about the magriitude and consequences of micronutrient deficiencies in the Pacific; Recalling that the Meeting of the Ministers of Health for the Pacific island countries, in Vanuatu, in 2007, recognized that nutritional anaemia and iron, iodine, vitamin A and folate deficiencies were public health issues in the Pacific island countries and that the Meeting supported in principle the establishment of a regional food fortifIcation programme; Recognizing the guidance provided by the F AOIWHO Guidelines an food fortification with micronutrients; and Aware of the experiences from other WHO regions that have been fortifYing wheat flour and salt for many years: It was agreed that: • There is a need for the fortification of flour and flour products and for the fortification of salt to improve micronutrient intakes within an integrated programme addressing nutrition in the Pacific; Pacific island countries should have common standards for flour fortification and salt iodization to facilitate regional trade in these products. The proposed common standard for fortified flour should be consistent with Codex guidance on flour and the fortifIcant levels required in "fortified flour" should be consistently applied throughout the Pacific and be as laid out in Annex 5, subject to further expert advice; The common iodized salt standard should be consistent with Codex guidance on salt and the fortificant levels required in "iodized salt" should be consistently applied throughout the Pacific whereby: o The iodine concentration at point of production should be 20-40 mg/kg (34-66 mg potassium iodate per kg) as recommended by WHO/UNICEF/ICCIDD; and If all salt in processed food in a given country or area is iodized, the lower limit (20 mg) is recommended.
•
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- 29• For the future, there is a need to assess the pros and cons of fortifying other processed foods, which are increasingly being consumed in the Pacific, including but not limited to complementary food for young children, rice, noodles (including instant noodles), soya sauce; oil; l'nd possibly sugar (with vitamin A) provided care is taken to ensure that this does not lead to increased consumption of these foods; In association with any fortification programme, important complementary strategies to address micronutrient deficiencies should also be in place including strategies aimed at: o Improving diet (including promoting consumption oflocal foods) and implementing healthy lifestyles; Promoting breastfeeding (including Baby Friendly Hospital Initiatives and implementation of the International Code of Marketing of Breastmilk Substitutes); Improving hygiene and sanitation; Increasing access to effective deworming; Strengthening supplementation including iron for pregnant women, iron for children where needed, and vitamin A for young children where needed;
•
o
o o o
•
There is need for a comprehensive policy to back up the implementation of the aforementioned interventions; Existing mechanisms such as the Pacific Fortification Partners Group, the FAOIWHO Coordinating Committee for North America and the South-west Pacific and heads of government meetings such as the Ministers of Health, Ministers of Agriculture and Ministers of Trade should be used to promote the common standards; While there may be some political impediments and minor additional costs to consumers associated with the adoption of common fortified flour and iodized salt stan,' rds, there should be no insurmountable legal impediment to the estab ••shment of common standards for fortified foods. However, consideration might be needed in some countries for legislation to be amended first to allow for the establishment of such standards; Technical support is required to strengthen: o o National surveillance activities on micronutrient deficiencies; National monitoring and evaluation activities on fortification, embedded in the national food control systems; The review and revision of standards, especially whenever better scientific knowledge becomes available or when dietary intake patters change; Independent testing facilities within the Pacific;
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An Inter-ministerial Pacific Food Summit should be convened to ensure the highest level of political support for food fortification.
- 303.3 Food Standards to Address Noncommunicable Diseases and Promote Fair Trade in the Pacific Recognizing that noncommunicable diseases arising from inappropriate diets and insufficient physical activity are of major public health concern in the Pacific; and Aware that food standards and trade agreements (existing, revised or new) in the Pacific should take account of the urgent need to reduce the noncommunicable disease burden and, where possible, contribute to the noncommunicable disease control efforts of the Pacific countries; It was agreed that there is a need to:
•
Develop regional guidance on food regulations and standards based on general principles such as truth in labelling, the consumer's right to know, the protection of health and the promotion of fair trade; Address food regulations and standards that contribute to the noncommunicable disease control efforts of the Pacific island countries in an inter-ministerial Pacific Food Summit, to ensure the highest level of political support for such an approach; Include ingredients lists and nutrition information panels as mandatory elements of food labelling standards for packaged food; Address nutrition and health claims: o o As areas of priority concern in future regulatory developments; Ensuring that definitions related to nutrition claims, such as "high in fibre", "reduced fat", "light" and other such claims are consistent across the Pacific and consistent with Codex guidance; and Ensuring that criteria related to health claims, such as "reduces cholesterol", are consistent across the Pacific and consistent with Codex guidance;
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Give consideration to the introduction of and form of food regulations to control or limit specific nutrients in foods that contribute in a significant and detrimental manner to noncommunicable diseases in the Pacific; Strengthen the inspection and laboratory capacity of Pacific island countries to enable authorities to better monitor and enforce regulations related to the nutrient content of food; Strengthen industry training programmes, quality control systems and laboratory capacity to enable industry to better monitor and control nutrient content of food products for sale in the Pacific; Educate communities and food industries regarding the need for, benefits of and the form of food regulations aimed at reducing noncommunicable diseases as they are being developed and introduced at a national level; Consider establishing, at a national level, health promotion foundations for nutrition education;
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- 31 • Consider adapting existing nutrient profiling systems for specific purposes (e.g. school food policies, marketing of food to children, government food policies).
It was further agreed that international organizations, such as FAO and WHO, should: • Investigate possibilities for expanding collaboration with WHO Collaborating Centres such as Food Standards Australia New Zealand and New Zealand Food Safety Authority to facilitate the development of guidance on health claims, and to provide ongoing support for claims reviews; Prepare and provide a report on the use of food regulations and standards to limit the nutrient content of foods that contribute in a significant manner to the expansion of noncommunicable diseases in the Pacific to the FAOIWHO Coordinating Committee for North America and the South-west Pacific at its next meeting. This report will
•
o o
Provide a clear rationale for their development; Identify which food types can be addressed under such regulations and standards, and why; and A regulatory impact assessment;
o •
Develop and disseminate information to the Pacific island countries including:
o
Draft regulations and standards for the control of food that can contribute to the undesirable expansion of noncommunicable diseases in the region; • • that are consistent with Codex; and which facilitate fair trade;
o
The implications of such regulations and standards.
•
Facilitate the exchange of information between countries that are reducing trans fatty acid content (in products using modified fats) and the Pacific island countries, so that Pacific imports also become correspondingly lower in trans fatty acids; Provide suitable information and technical assistance on nutrient profiling systems to interested countries; and Advocate the benefits of an international nutrient profiling system for classifying foods for a variety of regulatory and educational purposes.
• •
- 33 ANNEX 1
LIST OF PARTICIPANTS, TEMPORARY ADVISERS, REPRESENTATIVES FROM PARTNER AGENCIES, AND SECRETARIAT
P ARTICIPANTS
COOK ISLANDS Ms Karen Tairea, , Nutritionist, Ministry of Health, P.O. Box 109, Rarotonga, Tel. No.: (682) 29110, Fax No.: (682) 29110, E-mail: k.tairea@health.gov.ck Mr Ngatoko Ta Ngatoko, Quarantine Advisor and National Codex Contact Point, Ministry of Agriculture, P.O. Box 96, Rarotonga, Tel. No.: (682) 28-711, Fax No.: (682) 21-881, E-mail: nngatoko@agriculture.gov.ck Mr Tingika Elikana, Deputy Solicitor-General, Crown Law Office, P.O. Box 494, Rarotonga, Tel. No.: 29-337, Fax No.: 20-839, E-mail: tingika@crownIaw.gov.ck
Dr Lepani Waqatakirewa , Permanent Secretary for Health, Ministry of Health, Dinem House, Toorak, Suva, Tel. No.: (679) 3221515, Fax No.: (679) 3306163, E-mail: lwaqatakirewa@health.gov.fj Ms Azizan Nisha Khan, National Advisor, Dietetics and Nutrition, Ministry of Health, Dinem House, 88 Amy Street, Toorak, P.O. Box 2223, Govermnent Building, Suva, Tel. No.: +679-3306177, Fax No.: +679-3306163, E-mail: nkhan@health.gov.fj or nisha266@gmail.com Ms Nawaikula Miliakere, Principal Research Officer, Ministry of Agriculture, Private Mail Bag, Suva, Tel. No.: (679) 3477044, Fax No.: (679) 3400262, E-mail: miliakere.nawaikula@govnet.gov.fj Ms Seema Sharma, Senior Economic Planning Officer, Department of Fair Trading and C 'l1sumer Affairs, Ministry of Commerce, Industry, Investment, and Communications, P.O. Box 2118 Govermnent Buildings, Suva, Tel. No.: (679) 3305 411, Fax No.: (679) 3302 617, E-mail: ssharma006@govnet.gov.fj KIRIBATI Mr Tianuare Taeuea, Chief Health Inspector, Ministry of Health and Medical Services, P.O. Box 268, Nawerewere, Tarawa, Tel. No.: 68628100, Fax No.: 68628152, E-mail: btiim@yahoo.com Mr Toabwa A. Toabwa, Acting Senior Regulatory Officer, Fair Trading, Consumer Affairs, Price Control and Intellectual Property Division, Ministry of Commerce, Industry and Cooperatives, Tarawa, Tel. No.: 68626152, Fax No.: 68626233, E-mail: commerce@tskl.net.kiortoabwa@yahoo.com Ms Tewia Tawita, State Advocate, Attorney General's Office, p.o. Box 62, Tarawa, Tel. No.: (686)21242, Fax No.: (686)21025, E-mail: tawita_t@yahoo.com.au
- 34MARSHALL ISLANDS, REPUBLIC OF Ms Marita Edwin, Director, Human Resources, Ministry of Health, Majuro, Tel. No.: (692) 625-5660/5661, Fax No.: (692) 625-3432/4372, E-mail: marita_edwin@yahoo.com Ms Rebecca Lorennij, Assistant Secretary, Ministry of Resources and Development, P.O. Box 733, Majuro, Tel. No.: (692) 625-3206, Fax No.: (692) 625-7471, E-mail: rmitisd@ntamar.net Mr Tion Nabau Tion, Assistant Attorney General, Office of the Attorney General, P.O. Box 890, Majuro, Tel. No.: (692) 6253244/8245, Fax No.: (692) 625 5218, E-mail: agoffice@ntamar.netortion.nabau@gmail.com MICRONESlA, FEDERATED STATES OF Mr Kipier Lippwe, National Nutrition Specialist, FSM Department of Health and Social Affaire, P.O. Box PS-70, Palikir, Pohnpei, Tel. No.: (691) 320 2619, Fax No.: (691) 320 5263, E-mail: klippwe@fsmhealth.fm Mr Moses Pretrick, Environmental Health Coordinator, FSM National Government, Department of Health and Social Affairs, P.O. Box PS-70, Palikir, Pohnpei, Tel. No.: (691) 320 8300, Fax No.: (691) 320-8460, E-mail: mpretrick@fsm.health.fm NAURU, REPUBLIC OF Mr Vincent Scotty, Food Inspector, Ministry of Health, Republic of Nauru, Tel. No.: (674) 444 3883/3881, E-mail: vincent.scotty@nauru.gov.nr Mr Mason Dick, National Project Coordinator for Agriculture, Government of Nauru, Yaren District, Republic of Nauru, Tel. No.: +6744443133, E-mail: masondick@hotmail.com Mr Russ Kun, AlSecretary for Commerce, Industry and Resources, Government of Nauru, Yaren District, Republic of Nauru, Tel. No.: +6744443133, E-mail: russjkun@naurugov.nr
Mr John Hetutu, Chief Environmental Health Officer, Ministry of Health, Box 33, Kaimiti, Aloti, Tel. No.: (683) 4100 , Fax No.: (683) 4265, E-mail: environ.health@mail.gov.nu Ms Gaylene Tasmania, Deputy Director, Department of Agriculture, Forestry and Fishery, P.O. Box 205, Aloti, Tel. No.: (683) 4032, Fax No.: (683) 4079, E-mail: gtasmania.daff@mail.gov.nu PALAU, REPUBLIC OF Ms Eden Ridep Uchel, Deputy Chief, Division of Environmental Health, Ministry of Health, P.O. Box 6027, , 96940 Koror, Tel. No.: (680) 4886073, Fax No.: (680) 4886194, E-mail: lead@palaunet.comorer_uchel@palau-health.net Mr Fred Sengebau, Director, Bureau of Agriculture, P.O. Box 460,96940 Koror, Tel. No.: (680)544 5804, Fax No.: (680) 544 5090, E-mail: ffms@palaunet.com
- 35 SAMOA Ms Christine Quested, Principal Nutritionist, Ministry of Health, Private Mail Bag, Apia, Tel: (685) 68100 ext 137 or 68137, Fax: (685) 21440, E-mail: christineQ@health.gov.ws Mr Tony Aiolupo, Senior Meat Inspector, Ministry of Agriculture and Fisheries, P.O. Box 1874, Apia, Tel. No.: (0685) 21052/26529, Fax No.: (0685) 26532, mobile: +685 7779728, E-mail: taiolupo2002@yahoo.comandcc:fttev@lesamoa.net Ms Iulia Petelo, Assistant Chief Executive Officer, Ministry of Commerce, Industry and Labour, P.O. Box 682, Apia, Tel. No.: (0685) 20441, Fax No.: (0685) 20443, E-mail: iulia.petelo@mcil.gov.ws SOLOMON ISLANDS Ms Ethel Mapolu , Principal Health Inspector, Environmental Health Division, Ministry of Health, Honiara, Tel. No.: (677) 28166, Fax No.: (677) 25513, E-mail: emapolu@moh.gov.sb Mr Francis Tsatsia, Chief Technical Officer, Plant Quarantine, Ministry of Agriculture and Livestock, Honiara, Tel. No.: (677) 24657, Fax No.: (677) 24658, E-mail: ftsatsia@yahoo.com TONGA Dr Malakai 'Ake, Chief Medical OfficerlPublic Health, Ministry of Health, P.O. Box 59, Nuku'alofa, Tel. No.: 67623200/6768778418, Fax No.: 67624290/67627985, E-mail: drmalakaiake@hotmailcomormake@health.gov.to Mrs Eleutilde Leody C. Vainikolo, Acting Deputy Director, Ministry of Agriculture and Food, Forests and Fisheries, P.O. Box 14, Nuku'alofa, Tel. No.: (676) 23038, Fax No.: (676) 24271 1676, Mobile: 676-12187, E-mail: leody.vainikolo@mafff.gov.toorl_vainikolo@hotmail.com Mr Sione Vailanu, Deputy Secretary, Ministry of Labour, Commerce and Industries, P.O. Box 110, Nuku'alofa, Tel. No.: (676) 23-688, Fax No.: (676) 23-887, E-mail: sionev@mlci.gov.to TUVALU Mrs Pauke Maani, Dietician, Princess Margaret Hospital, Fakaifoo Side, Funafuti, Tel. No.: 688-20765, Fax No.: 688-20481, E-mail: paukepm@yahoo.com VANUATU Mrs Nellie Mum, Senior Health Environmental Officer, Department of Public Health, PMB 9009, Port Vila, Tel. No.: (00678) 22512, Fax No.: (00678) 25438, E-mail: nham@vanuatu.gov.vu Mr Jean-Francois Georges Kanegai, Responsible Project Farine de Tubercille, Department of Agriculture, PMB 9030, Port Vila, Tel. No.: (678) 22525, Email: rootcroprocess@vanuatu.com.vu Mr Joe Pakoa Lui, Trade and Industrial Development Officer, Department of Trades, Industry and Commerce, PMB 9030, Port Vila, Tel. No.: (678) 22770, Fax No.: (678) 25640, E-mail: jpakoa@vanuatu.gov.vu
- 36-
TEMPORARY ADVISERS
Mr Samuela Bolalailai, Senior Health Inspector Food Quality Control, Office of the Central Board of Health, P.O. Box 2223, Government Building" Suva, Fiji, Tel No.: (679)33061771 (679) 3221443, Fax No.: 3221434, Email: samuela.bolalailai@health.gov.fj Mr David Clarke, Director, Allen and Clarke Ltd, Level 17, Morrison Kent House, 105 The Terrace, Wellington 6011, New Zealand, Tel. No.: 006448907302, Fax No.: 006448907301, Email: dclarke@allenandclarke.co.nz Mr Michael Clear, NZ Food Safety Authority, PO Box 2835, Wellington, New Zealand, Tel. No.: (64 4) 894 2656, Fax No.: (644) 463 2875, E-mail: mike.clear@nzfsa.govt.nz Ms Monica Siomara Guamuch-Castaneda, Technical Evaluator, 9a.av.9-42, zona 3, Nueva Monserrat, Guatemala, 01507, Tel. No.: (502) 2432-8429 ,Fax No.: (502) 5261-5261, E-mail: mguamuch@gmail.com Ms Melissa Quarrie, Advisor, Codex Group, New Zealand Food Safety Authority, 86 Jervois Quay, P.O. Box 2835, Wellington, New Zealand, Tel. No.: +6448942462, Fax No.: +6448942583, E-mail: Melissa.Quarrie@nzfsa.govt.nz Ms Wendy Snowdon, WHO Collaborating Centre for the Prevention, of Obesity and Related Research and Training, School of Exercise and Nutrition Sciences, Deakin University, 221 Burwood Highway, Victoria 3125, Melbourne, Australia, Fax No.: 61392446624, E-mail: .wds@deakin.edu.au Dr Boyd Swinburn, Professor of Population Health, WHO Collaborating Centre for the Prevention, of Obesity and Related Research and Training, School of Exercise and Nutrition Sciences, Deakin University, 221 Burwood Highway" Victoria 3125, Melbourne, Australia, Tel. No.: +61407539941, Fax No.: +61392446640, E-mail: boyd.swinburn@deakin.edu.au Dr Anna Verster, Nutrition and Food Fortification Specialist, De Costastraat 44, 2513 RR Dan Haag, Netherlands, Tel. No.: (31-70) 380 9616, Fax No.: (31-6) 51619759, E-mail: anna@annagram.nl;hosanna_id@yahoo.com REPRESENTATNES OF PARTNER AGENCIES
Global Health Institute Associate Professor Abd Malak, Executive Director, Workforce and Organization Development, Sydney West Area Health Service, Sydney, Australia, Tel. No.: (02) 9840 3766 (Cumberland), Fax No.: (02) 9840 3755 (Cumberland), E-mail: A_Malak@wsahs.nsw.gov.au Secretariat of the Pacific Community Ms Karen Fukofuka , Nutrition Adviser, Secretariat of the Pacific Community, BPD5, 98848, Noumea Cedex, New Caledonia, Tel. No.: +687 26.20.00 ext 360, Fax No.: +68726.38.18, E-mail: karenf@spc.int
- 37 UNICEF, East Asia and Pacific Region Ms Karen Codling, Regional Nutrition Specialist, UNICEF East Asia and Pacific Regional Office, 19 Phra Atit Road, Bangkok, Thail'md 10200, Tel. No.: (662) 356 9420, Fax No.: (662) 280 3563 to 64, Email: kcodling@unicef.org UNICEF Headquarters Mr David Clark, Nutrition Specialist (Legal), UNICEF, 3 United Nations Plaza, New York, NY 10017, United States of America, Tel. No.: +12123277376, Fax No.: +12127354405, Email: dclark@unicef.org
SECRETARIAT
WHOIWPRO Dr Tommaso Cavalli-Sforza (Responsible Officer), Regional Adviser in Nutrition and Food Safety, WHO Regional Office for the Western Pacific, Manila, Philippines, Tel. No.: (632) 5289864 (direct); 5288001 (general) ,Fax No.: (632) 5211036; 5260279, E-mail: cavallisforzal@wpro.who.int Mr Anthony Hazzard (Co-Responsible Officer), Technical Officer, Food Safety, WHO Regional Office for the Western Pacific, Manila, Philippines, Tel. No.: (632) 52989872, Fax No.: (632) 5260279, E-mail: hazzarda(ii;wpro.who.int Mr Robert Hughes, Short Tenn Professional, Non-Communicab1e Diseases, WHO Regional Office for the Western Pacific, Manila, Philippines, Tel. No.: (632) 5298960, Fax No.: (632) 5260279, E-mail: hughesr@wpro.who.int F AO, Sub-Regional Office. for the Pacific Mr Dirk Schulz (Co-Responsible Officer), Food and Nutrition Officer, Food and Agriculture Organization, of the United Nations (FAO), Sub-Regional Office for the Pacific, Private Mail Bag, Apia, Samoa, Tel. No.: (685) 22127, Fax No.: (685) 22126, E-mail: dirk.schulz@fao.org
- 39-
ANNEX 2 MEETING AGENDA
1. Opening 2. Food safety, nutrition, food regulation and enforcement in the Pacific 3. Review the current status of food legislation in the Pacific and identifying gaps for future action 4. Establishing food laws, regulations and standards in the Pacific: issues to be considered 5. Action to advance food laws, regulations and standards in the Pacific 6. Adoption of conclusions and recommendations on advancing food safety laws, regulations and standards in the Pacific 7. Food fortification 8. Steps to be taken to introduce mandatory food fortification standards in the Pacific 9. Addressing NCDs in the Pacific through food laws, regulations and standards and associated consumer education 10. Steps to be taken in developing standards (including labelling) regarding nutritional quality to better address NCDs in the Pacific 11. Adoption of conclusions and recommendations on steps to be taken in a regulatory approach to address malnutrition and NCDs in the Pacific 12. Closing session
- 41 ANNEX 3
OPENING ADDRESS BY THE WHO REGIONAL DIRECTOR FOR THE WESTERN PACIFIC, DR SHIGERU OMI
Improvements in technology, globalization of food supply and changes in consumers' expectations of food have led to the international distribution of food products traditionally produced and consumed within the same country. While this is largely beneficial by introducing greater variety in diets - especially among people living in isolated areas - a number of risks are associated with increasing international food trade. It has increased the potential for contaminated food to spread and, by increasing the availability ofhigWy refined grains and their products, it has placed the populations of many Pacific Island countries at risk of malnutrition associated with micronutrient deficiencies. Meanwhile, the risk of being overweight and obese, diabetic, and hypertensive has increased, aided by the wide availability of imported foods high in fat, sugar and salt, a decrease in consumption of vegetables, fruit, whole grain cereals and fish, and sedentary lifestyle. It is not uncommon to find an overweight individual with micronutrient deficiencies, the result of diets that are high in energy and low in essential micronutrients. The full extent of the burden and cost of unsafe food in the Pacific, however, is still unknown. Producing reliable estimates continues to pose a challenge. In fact, existing surveillance data seriously seems to underestimate the scope of the problem. Diarrhoeal diseases remain a leading cause of morbidity in several countries and they are just one of the many forms of foodborne diseases that can affect populations. In addition, consumers are often exposed to food that is sold after its specified expiration date has unacceptable temperatures during distribution to the Pacific. Undernutrition during early childhood is particularly prevalent in the Federated States of Micronesia, Kiribati, the Marshall Islands, Papua New Guinea, Solomon Islands, and Vanuatu, where infant mortality rates and the prevalence of stunting, underweight and vitamin and mineral deficiencies are among the highest in the Region. The role that imported and domestically processed foods play in these diseases is important. At the same time, many Pacific countries have among the highest overweight and obesity prevalence in the world. While an increasing number of Pacific Island countries are responding to food safety and trade issues by strengthening their food legislation, few have the regulations and standards necessary to fully achieve the aims of the primary legislation. The development of appropriate food standards is a valuable means of improving food safety and nutrition, of reducing micronutrient deficiencies, and of reducing noncommunicable diseases. While laws, regulations and standards alone will not end unsafe food, micronutrient deficiencies, obesity and related noncommunicable diseases, they do provide a valuable tool. When used together with effective enforcement and education, food standards can contribute importantly to a comprehensive framework for addressing these public health problems and will facilitate trade in safe and appropriate food. Given the limited size and resources of many of the Pacific Island countries and the similarity of their concerns regarding trade and health, it is important that countries work more closely with each other to achieve a regional approach to setting standards based on Codex guidance, including standards for the fortification of selected foods, and food quality standards to help prevent obesity and related noncommunicable diseases.
- 42-
This meeting is in response to those needs. It responds to a call from the Pacific Islands Forum Secretariat to address food safety in the Pacific, and to a call from the ministers of health of the Pacific countries, the Vanuatu meeting in March of this year: a call to address micronutrient deficiencies through a food fortification programme, and to more effectively respond to the epidemic of obesity and related noncommunicable diseases with a comprehensive approach, including food standards. The objectives of the meeting are two fold. First, we want to review existing food laws, regulations and standards and identify priority areas for development at a national level. Secondly, we need to agree on action to be taken to advance the development, adoption and effective enforcement of both food standards that are consistent with Codex guidance and that facilitate trade in safe and suitable food among the Pacific Island countries and also support the development of mandatory food fortification standards. The challenge for us is to clearly identify actions that we can take immediately following this meeting so that Pacific Island countries can better protect the health of their people and expand trade in safe and suitable food, within the Region and beyond. You have four days of exciting discussions and deliberations ahead of you. I wish you a successful meeting, and I look forward to hearing your conclusions and recommendations. Thank you.
- 43 -
ANNEX 4 OPENING ADDRESS FOR FAO, BY MR DIRK SCHULZ
Dr Milan, Colleagues, Friends, Ladies and Gendemen, On behalf of the Food and Agricultural Organization of the United Nations, FAO, it is my great pleasure to extend a warm welcome to you. Over the last decade, food production, processing, and trading systems have evolved rapidly and led to a greater demand for higher food quality and safety at all levels. In response, there have been significant changes in the regulatory frameworks governing food control, food safety and food trade. Farmers, processors and traders who fail to meet these standards will be refused access to international markets, reducing employment and income opportunities in the region. This is crucial, because agriculture and fisheries, particularly the export sector are often a mainstay of the fragile economies of many Pacific Island Countries. But trade in food is not a one way street, and while the export of agricultural produce is key to national economic development, most Pacific Island Countries have actually become net food importers, importing food worth hundreds of millions of dollars from countries outside the region every year. Given this globalized nature of food trade, food safety risks introduced in the food chain in one country, can affect the health of consumers on the other side of the earth within a matter of days or weeks. Therefore the development and application of effective food safety standards is also highly important for the protection ofthe health of consumers in the region. However, technical requirements can also become significant barriers to trade. To address this problem at the international level, the World Trade Organisation (WTO) was established to ensure that trade flows as smoothly, predictably and freely as possible. Closer to home, in a move similar to many other regions, the Pacific Islands Forum has also established trade and economic cooperation agreements aimed at creating a free trade area among the Forum Island Countries. I am referring to the Pacific Island Countries Trade Agreement (PICTA) and the Pacific Agreement on Closer Economic Relations (PACER). An important aspect in support of these agreements is the Regional Trade Facilitation Programme (RTFP). This Programme was established in 2004 and it is aimed at putting in place an appropriate, efficient and transparent framework of trade facilitation measures in the Pacific region. Given the particular importance of food trade to Pacific Forum Island Countries, the issue of food safety and quality standards has taken on a new dimension and appropriate capacity to meet these requirements is a major policy concern. As a result, Forum Trade Ministers considered and approved a specific food standards project as an integrated component of the RFTP. The World Health Organization together with its sister agency, the Food and Agriculture Organization of the United Nations were given the responsibility to implement this integrated food standards project. This is in recognition of the fact that the WHO and F AO are the parent agencies of the Codex Alimentarius Commission, the body charged with developing an international food code. Codex constitutes an international reference point for consumers, food producers, processors, national food control agencies and the international food trade, prOviding them with the safe knowledge that they will be in line with best international practice, as well as WTO and PICTA obligations. It is therefore no coinCIdence that the title of this meeting closely reflects the dual purpose of the Codex Alimentarius Commission, which is protecting the health of consumers and ensuring fair practices in the food trade.
- 44-
Colleagues, ladies and gentlemen, this meeting provides a unique opportunity to contribute to an improved regulatory climate for food in the Pacific region. I urge you to take full advantage of this opportunity, because successful deliberations and outcomes from this meeting will ultimately benefit our rural farmers and fishermen, traders and processors and help to safeguard the health of our consumers by promoting unhindered trade in safe and wholesome food. Thank you
- 45 ANNEX 5
COMMON STANDARD FOR FLOUR IN THE PACIFIC
(1) This standard applies to wheat flour for direct human consumption prepared from common wheat, Triticum aestivum L., or club wheat, Triticum compactum Host., or mixtures thereof, by grinding or milling processes in which the bran and germ are partly removed and the remainder is comminuted to a suitable degree of fmeness, and which is pre-packaged ready for sale to the consumer or destined for use in other food products. (2)
It does not apply to: a. Any product prepared from durum wheat, Triticum durum Desf., singly or in combination with other wheat; b. Whole meal, whole-wheat flour or semolina, milled from common wheat, Triticum aestivum L., or club wheat, Triticum compactum Host., or mixtures thereof; c. Wheat flour destined for use as a brewing adjunct or for the manufacture of starch and/or gluten; or d. Wheat flour for non-food industrial use.
(3)
The following specific product requirements shall apply: a. Wheat flour shall have a maximum moisture content of 15.5% mlm.
b. All wheat flour processed, displayed and/or sold and/or exported shall be prepared so as to provide the following minimum levels of micronutrients, including all nutrients naturally present, in the wheat flour at the point of import, the point of export and the point of sale: i. 6.0 mg/Kg of Thiamin from a source of thiamin mononitrate; ii. 2.0 mg/Kg of Riboflavin; iii.55 mg/Kg of Niacin; iv.2.0 mg/Kg of Folic acid; v. Iron from a source of elemental iron powder of 45 microns average diameter or similar made by an electrolytic reduction process at levels of 60mglKg or from ferrous fumarate at levels of 45mgIKg or from other subsequently approved sources; and vi.30 mgIKg ofzinc from a source of zinc oxide. c. Wheat flour and any added ingredients shall be safe and suitable for human consumption. d. Wheat flour shall be free from abnormal flavours, odours, and living insects.
- 46-
e. Wheat flour shall be free from filth (impurities of animal origin, including dead insects) in amounts which may represent a hazard to human health
f. In addition to additives permitted under Codex Standard 152 and its revisions, the following ingredients may be added to wheat flour in amounts necessary for technological purposes:
1. Malted products with enzymatic activity made from wheat, rye or batiey;
H. Vital wheat gluten; and iii. Soybean flour and legume flour. g. Wheat flour shall be free from heavy metals in amounts which may represent a hazard to human health. h. Wheat flour shall comply with those maximum residue limits established by the Codex Alimentarius Commission for this commodity. i. Wheat flour shall comply with those maximum mycotoxin limits established by the Codex Alimentarius Commission for this commodity.
j. Wheat flour shall be prepared and handled in accordance with relevant national codes of hygienic practice where they exist and where no such codes exist wheat flour shall be prepared and handled in accordance with the appropriate sections of the Recommended International Code of Practice -General Principles of Food Hygiene (CACIRCP 1-1969, Rev. 2-1985, Codex Alimentarius Volume IB). k. To the extent possible in good manufacturing practice, the product shall be free from objectionable mater. I. When tested by appropriate methods of sampling and examination, the product: i. shall be free from microorganisms in amounts which may represent a hazard to health;
ii. shall be free from parasites which may represent a hazard to health; and iii. shall not contain any substance originating from microorganisms in amounts which may represent a hazard to health. m. Wheat flour shall be packaged in containers which will safeguard the hygienic, nutritional, technological, and organoleptic qualities of the product. n. The containers, including packaging material, shall be made of substances which are safe and suitable for their intended use. They should not impart any toxic substance or undesirable odour or flavour to the product. o. When the product is packaged in sacks, these must be clean, sturdy and strongly sewn or sealed. p. In addition to general requirements on labelling, the following provisions shall apply:
- 47i. The name of the product to be shown on the label shall be "wheat flour." ii. Fortified wheat flour shall be labeled as "Fortified" or "Enriched" and shall identify the ingredients added for fortification purposes and shall specify the concentration in which it is present in the fmal product. iiLInformation for non-retail containers shall either be given on the container or in accompanying documents, except that the name of the product, lot identification and the name and address of the manufacturer or packer shall appear on the container. However, lot identification and the name and address of the manufacturer or packer may be replaced by an identification mark, provided that such a mark is clearly identifiable with the accompanying documents.
- 49ANNEX 6
FOOD LAWS, REGULATIONS AND STANDARDS: A GAP ANALYSIS
1. COOK ISLANDS Primary Legislation The primary legislation on food safety in the Cook Islands is the Food Act, 1992/1993, enacted to control the importation, processing, packaging, preparation, storage, transport, advertising and sale of food. There is a degree of detail in the Act that is not normally found in a basic food law, including detailed provisions on issues such as food hygiene, the licensing of food premises and abattoirs and the slaughter of meat. This is a feature of several food laws in the Pacific and is a consequence of regulators establishing laws in an environment where the limited resources of Attorneys General offices in the Pacific means that there are commonly limited opportunities to have laws, regulations and standards considered, reviewed and finalized and the waiting time for such is quite lengthy. Also uncertainty exists whether the Food Act applies in totality to imported foods because the Act refers to the importation of 'articles' but the definition of articles does not clearly include food. As a consequence, amendments to the Act to clarifY this issue would be advantageous. However, perhaps of greater concern is the fact that the law does not cover all stages of the production, processing and distribution of food, including import and export; and does not include in its scope, animal feed. Cook Islands may consider the benefit of a review to the Food Act to bring it more in line with modem guidance. In the Cook Islands, in addition to the Food Act 1992/93, there are 12 other Acts of relevance to either food safety or sanitary and phytosanitary (SPS) requirements including: (i) Animals Act, 1975; (ii) Animals (Amendment) Act, 1981; (iii) Animals (Amendment) Act, 1984/85; (iv) Copra Act, 1970; (v) Fisheries Protection Act, 1976 (superseded by the Marine Resources Act, 1989 but not repealed); (vi) Marine Resources Act, 1989; (vii) Marine Resources (Amendment) Act; 1990 (viii) Marine Resources (Amendment) Act, 1991; (ix) Ministry of Agriculture and Fisheries Act, 1978; (x) Ministry of Health Act, 1995-96; (xi) Pesticides Act, 1987; and (xii) Plants Act, 1973.
The Marine Resources Act, 1989 (as subsequently amended in 1990 and 1991) is a key Act for food safety as it requires establishments engaged in the processing of fish for export or local consumption to obtain licences. Regulations may be made under the Act for the import, export, marketing or distribution of fish and fish products and also for the control, inspection and conditions of operation of fish processing establishments. It is not clear to what extent this is a duplication of the requirements under the Food Act, 199211993. Regulations and Standards Although the Food Act, 1992/1993 provides authority to make regulations on a wide variety of SUbjects, including food standards and the importation or exportation of food, no such regulations have been made under the Act. A number of WHO assignments to Cook Islands have been undertaken to collaborate with national health counterparts to draft regulations and standards under the Act and the latest was prepared in 2007. These draft regulations are based upon Codex standards but remain draft.
- 50The only food safety regulations that have been approved are for fish exports. The Ministry of Marine Resources has established the Food (Fish Export Processing) Regulations 2006. As with many Pacific Island countries the Cook Islands established these regulations to allow for export but have not established equivalent regulations to protect their own consumers. Current Enforcement Situation Enforcement of food safety in the Cook Islands lies with health inspectors of the Department of Health. Inspections of food service providers and food processors are carried out on a routine basis but the central authorities have yet to provide a model inspection manual to individual inspectors. Inspections of imported food are limited and the inspection programme is not directly risk-based. Other Ministries with responsibility for food safety include the Ministry of Agriculture and the Ministry of Marine Resources. No risk-based imported food control programme is currently being implemented. The Cook Islands does not have a national laboratory specifically for food analysis. Instead it relies on its hospital laboratory. Specialist analytical services are on occasion obtained from New Zealand. No national programme of contaminant monitoring has been initiated and specific foodbome diseases are generally not notified. 2. FIJI Primary Legislation With respect to food safety, the primary legislation in Fiji is the recently enacted Food Safety Act of 2003, an Act designed to promote public health and safety with regard to food, to regulate the preparation, sale and use of food, to assist consumers to make informed choices on food, to promote fair trading practices in relation to food and to provide for related matters. It, however, does not appear to take a farm-to-table perspective by addressing the safety of food during production and harvest. There is a degree of detail in the Act that is not normally found in a basic food law, including detailed provisions on labelling and advertising requirements for foods intended for sale and pre-packaged foods. The Central Board of Health, established under the Public Health Act (CAP 111), is responsible for the administration and enforcement of the Food Safety Act. The importation of food into Fiji is regulated under the Act. It is an offence to import any food or food ingredients into Fiji that do not comply With the provisions of the Act except where the food is a processed product that is intended for re- labelling in Fiji in order to comply with the Act, or if it is a raw or semi-processed product that will undergo further processing in Fiji before being sold. The Act considers the food safety standards and codes of the Codex Alimentarius Commission to be regulations made under the Act unless modified by the Board by regulations. If, however, there is a conflict between the Act and the regulations made under it and the rules of the Codex Alimentarius Commission, the Act or its regulations prevail. The effect of this provision is that it incorporates Codex standards into the laws of Fiji unless and until specific food standards have been adopted by the Board through regulations made under the Act. A minor area of possible confusion is present in that the Act repeals part 4 (sections 40-48) of the Public Health Act (CAP 111). However, there is no express mention of the status of the subsidiary regulations made therein, in particular: the Public Health (Aerated Water, Ice and Icecream) Regulations; the Public Health (Bake House) Regulations; and the Public Health (Hotels, Restaurants and Refreshment Bars) Regulations.
- 51 In Fiji a multiplicity of pieces of primary legislation address elements of food safety and sanitary and phytosanitary regulation and control including: (i) Agricultural Marketing Authority Act 2004 (No.2 of2004); (ii) Animals (Contagious Diseases) Act 1975 (CAP 160); (iii) Animals Importation Act (CAP 159); (iv) Banana Export and Marketing Act (CAP 155); (v) Dairies Act (CAP 118); (vi) Fruit Export and Marketing Act (CAP 154); (vii) Meat Industry Act (CAP 237); (viii) Pesticides Ordinance (CAP 157); (ix) Plant Quarantine Act (CAP 156); (x) Protection of Animals Act (CAP 169); and (xi) Public Health Act (CAP 111). The Dairies legislation provides for the registration of dairies and outlines conditions for their operation so as to prevent infection or contamination of milk. Sale of milk (with the exception of imported milk) is prohibited unless the milk originates from a registered dairy. The pesticides legislation on the other hand requires registration of all pesticides imported into Fiji. Every importer or person formulating a pesticide is required to furnish the Registrar with methods of analysis of the formulated compound of the pesticide as well as methods for determination of the residues of the formulated compound. Legislation to regulate specific agricultural products (e.g. banana and fruit) facilitate trade by establishing marketing boards; by licensing of suppliers; by requiring inspection and certification of produce intended for export; and by prescribing various aspects related to grading, packaging, transportation and handling. The Meat Industry Act provides for the establishment of a Meat Industry Board whose major functions are: the construction and operation of public slaughtering facilities as may be approved by the Minister of Agriculture; the protection, preservation and expansion of the meat industry; and, when so directed by the Minister, the purchasing of, trading in or dealing in, livestock or meat. Under the Act, the Minister may declare any region to be a slaughterhouse region, and when such a declaration is in force, no person may slaughter any cattle, sheep, goats, or pigs for sale for human consumption except in an establishment owned and operated by the Board. Within areas not yet declared as slaughterhouse regions, the sale or offer for sale of any meat (except imported meat) is prohibited unless such meat originates from a registered slaughterhouse or a registered poultry slaughterhouse. Regulations and Standards Section 69 of the Food Safety Act states that the standards and codes regarding food safety made by the Codex Alimentarius Commission are deemed to be regulations made under the Act, unless modified by the Board by regulations. It further notes that such regulations must not restrict or disadvantage free trade. It further states that if there is a conflict between the Act and the regulations made under it and the rules of the Codex Alimentarius Commission, the Act or the regulations prevail. The effect of this provision is that it incorporates Codex standards into the laws of Fiji unless and until specific food standards have been adopted by the Board through regulations made under the Act. Health authorities are now working on developing Fiji standards that are consistent with Codex but which are detailed such that consumers, industry and regulators can better understand what specifically is required for food produced, processed and handled in Fiji and food imported into and exported from Fij i. A survey by FAO of laws, regulations and standards in Fiji identified that although the Food Safety Act of 2003 repeals part 4 (sections 40-48) of the Public Health Act (CAP Ill), there is no express mention of the status of the subsidiary regulations made there under, in particular: the Public Health (Aerated Water, Ice and Ice-cream) Regulations; the Public Health (Bake House) Regulations; and the Public Health (Hotels, Restaurants and Refreshment Bars) Regulations. As a result, there is a considerable amount of ambiguity regarding the rules applicable to the licensing and operation of hotels, restaurants, refreshment bars, bake houses and aerated water, ice and ice cream manufacturing facilities insofar as they operate as food establishments.
- 52Meat Industry Regulations have been made which outline requirements for registered slaughterhouses and registered poultry slaughterhouses as well as comprehensive and detailed procedures for the conveyance, handling and processing of meat therein, they do not contain any provisions dealing with the export of meat from Fiji. These regulations may also be revised or repealed in association with the development and endorsement of the draft food safety standards. Enforcing Existing Legislation Food safety is primarily administered and enforced through the Ministry of Health and the Central Board of Health. The Director of Health, answerable to the Permanent Secretary for Health, implements the national programme through a Director, Environmental Health; a Senior Health Inspector (Food Quality Control), national inspectors with responsibility for import inspection and over 100 provincial and municipal health inspectors who have food safety responsibilities in food markets and food establishments. The health authorities also accept primary responsibility for the safety of imported and exported foods. However, the Senior 3 Health Inspector, Food Quality Control reported that there are insufficient staff and resources to adequately manage food safety in Fiji and that there is an inadequately coordinated effort across the various agencies with responsibility for food safety. The Ministry of Agriculture, Fisheries and Forests (43 quarantine inspectors) and the Ministry of Customs (325 inspectors) also have a role in imported and exported food. However, a study revealed that several strategies would need to be initiated to promote an integrated 4 approach to food safety control of imported food in the country. The main laboratory for the health authorities used to be the microbiology laboratory at the Colonial War Memorial Hospital. These services have now been transferred to House and the laboratory is still gearing up for food analyses. The other key laboratories are those of the Ministry of Agriculture, Fisheries and Forests at Koronivia, including a chemistry laboratory and a veterinary microbiology laboratory. The University of the South Pacific's Institute of Applied Sciences laboratory offers both microbiological and chemical analyses on a user-pays basis. In addition, health authorities sometimes use analytical facilities in Australia or New Zealand. Foodborne diseases are notifiable by law although there is no active disease surveillance programme in this regard. As a result, health authorities produce limited annual data on the prevalence of foodborne diseases. 3. KIRIBATI Primary Legislation The basic food law in Kiribati is the Food Safety Act 2006. It is one of the few food laws in the Pacific to attempt to take a farm-to-table approa.:h. However, at the time of this review it had not entered into force because it had not been published in the Gazette. It addresses adulteration; labelling; obtaining food from closed areas; prohibited products; appointment and powers of inspectors and analysts; offences; legal proceedings; and the power to make regulations, including regulations on plant and animal feed and chemicals as they relate to food safety. It also repeals the Pure Food Ordinance (Cap. 84).
WHO (2000), Data obtamed from a food safety programmeprogramme survey of countries and areas of the WHO Western Pacific Region, WHO, Manila Schulz, D. (2000), Current Inspection Procedures Applied to Imported Food Items in Fiji - A Fact Finding Study, FAO 4
3
.
- 53 Unfortunately, the lawmakers in Kiribati chose to not distinguish between "best before" and expiration dates. As a consequence, it is an offence to import, export, store, display, sell or advertise food after its best before date (including expiration date). This area may be worthy of future reconsideration for clarity and consistency with other Pacific Island countries and Codex guidance. Furthermore the Food Safety Act 2006 did not repeal any part of the Public Health Ordinance or its regulations that relate to food safety. The Public Health Ordinance empowers the Minister to make regulations for the purpose of protecting and advancing the public health of Kiribati, particularly as regards bakehouses, the protection of food offered for sale, the manufacturing and sale of aerated waters and slaughterhouses, among other things. The Food Safety Act 2006 could be amended to ensure the relevant parts of the Public Health Ordinance and its regulations are repealed to avoid confusion. Kiribati has a number of primary p!eces of legislation that address food safety and sanitary and phytosanitary issues and as with most Pacific Island countries these recognize the roles and responsibilities of multiple agencies or government departments. This diversity of legislation include: (i) Animals (Control of Experiments) Ordinance (Cap 2); (ii) Fisheries Ordinance (Cap 33) and Amendments up to 1997; (iii) Importation of Animals Ordinance and Regulations (Cap 43); (iv) Plants Ordinance (Cap 72); (v) Public Health Ordinance (Cap 80); and [vi] the Consumer Protection Act. The primary statutes constituting the legislative framework for food safety are the Food Safety Act 2006, the Public Health Ordinance and Regulations, (Cap. 80), the Fisheries Ordinance (Cap. 33) and the Fisheries (Processing and Export Regulations) 1992. The Fisheries Ordinance requires all fish processing establishments to be licensed and enables regulations to be made in relation to methods and procedures relating to fish processing; substances and materials to be used in fish processing; minimum quality standards; and methods of analysis for fish and fisheries products. Regulations and Standards Regulations relevant to food safety that have been adopted for application in Kiribati include the Fisheries (Processing and Export) Regulations, 1992; and Pure Food Ordinance and Regulations (Cap 84) and draft hygiene regulations have been prepared for the new Food Safety Act. Very brief Public Health Regulations have indeed been made under the Ordinance since 1926 dealing with a variety of matters. With respect to foodstuffs, the Regulations provide that ail persons who sell or deal in foodstuffs of a perishable nature shall keep such foodstuffs properly protected from flies. A sanitary Inspector may prohibit the sale of any meat, fish, poultry, fruit, vegetables and other foods of any kind whatsoever which, in that inspector's opinion, are unfit for human consumption. As regards mineral waters and ice cream, the Regulations require that only boiled or efficiently filtered water shall be used in operations connected to the manufacture and bottling of aerated waters and the making of ice cream offered for sale. Beyond these, there are no further regulations dealing specifically and effectively with food [in terms of enforcement.] Regulations can be made under the Fisheries Ordinance regarding, inter alia, methods and procedures relating to fish processing; substances and materials to be used in fish processing; minimum quality standards; and methods of analyzing fish and fish products. The Ordinance also requires all fish processing establishments to be licensed. The conditions to be satisfied for the issuance and continued validity of a licence are laid out in the Fisheries (Processing and Export) Regulations, 1992. As a general rule, the validity of every licence issued is conditional upon continued compliance with the Pure Foods Ordinance, the Public Health Ordinance and any other relevant statutory provision. Other detailed provisions dealing with matters such as
- 54hygiene, inspection and certification of processed fish as being fit for human consumption and certification for export are specified in a schedule attached to the Regulations. Food-related regulations under the Consumer Protection Act exist (Consumer Protection Act-Regulations). These include some clauses such as labelling of products including foods but their enforcement has not been fully effective. It is anticipated that the greater details in draft regulations under the Food Safety Act and the empowerment of health authorities to enforce the Act and its regulations will achieve better enforcement. Enforcing Existing Legislation Food safety in Kiribati is largely in the hands ofthe Ministry of Health and Medical Services (MHMS), the Ministry of Natural Resource Development (MNRD) and Ministry of Commerce, Industry and Cooperatives addresses food and other products through its Consumer Protection Act and related regulations. There are two Divisions within the MNRD that have a role in the management of food safety - Fisheries and Agriculture. The Fisheries Division is charged with developing the fishing industry and has its own specific legislation. Although the MNRD's role is largely focused on primary production of food to ensure high productivity, it is worth noting that the Fisheries Division has introduced the RACCP approach in fisheries product processing. The Ministry of Health and Medical Services employs a Chief Health Inspector (CHI), a health inspector (HI), two assistant health inspectors, 3 temporary assistant health inspectors, two health aides and work experience students. On the outer islands, sanitarians, medical assistants or nursing officers may be authorized to act as health inspectors. The inspectors report that their programme has five components including water sampling, water and sanitation surveys, food inspection, vector control and human quarantine. In relation to food safety inspection, it was reported that restaurants were inspected twice per year, stores were inspected three-four times per year depending upon whether they are wholesale or retail premises, and the homes of vendors were inspected when they were licensed or re-licensed. Inspections of vendors' homes focused on whether the necessary medical clearance had been obtained and a limited range of observations. Irregularly other factors were assessed. However, there was no routine assessment of hygienic practices. All food establishments are licensed by the relevant local authorities, of which there are three on South Tarawa. However, these authorities do not employ inspectors and rely on the health inspectors of the Ministry of Health and Medical Services for inspections. Upon licensing or re-licensing the local Councils generally seek advice from the Ministry of Health and Medical Services as to the compliance of businesses with the food ordinance. However, licensing can and does occur without health inspection being undertaken. The majority of processed food consumed in Kiribati is imported and a significant proportion of this food has passed the best-before or use-by date. Food import control at ports of entry is not routinely carried out. In most cases, it is the importer who requests inspectors to inspect their consignment after arrival for certification of soundness or need for condemnation. There is no direct contact between overseas authorities and MHMS regarding food recalls being implemented by overseas organizations. The Ministry of Commerce receives the information first and then informs the MHMS. Faster action might be possible by ensuring MHMS are informed in the initial alert. Export and import of processed fish and other meat [excluding pre-packaged products such as canned fish and meats] require certification and approval of the Quarantine office.
- 55 Due to the non-existence of a suitable testing laboratory, Kiribati government authorities do not undertake contaminant monitoring. However, it is binding to take food samples and have them tested in an accredited laboratory overseas when seen as necessary. 4. REPUBLIC OF MARSHALL ISLANDS Primarv Legislation The Republic of Marshall Islands is one of the few Pacific Island countries that do not have a dedicated legislative framework for food safety. Food control is dealt with as part of public health. As such, the relevant legislation on food safety is the Public Health, Safety and Welfare Act which empowers the Secretary of Health, subject to the approval of Cabinet, to make regulations necessary for the public health and safety. Areas identified as of relevance include: foods and the manufacture, compounding, processing, preparation, storage, sale or offer for sale or for consumption of any food; adulteration and misbranding of food or milk; fish and fishing; the laundering and sterilization of all articles oflinen and uniforms used by or in restaurants, bakeries and butcher shops; canneries and bottling shops where food or beverages are canned or bottled for public consumption or sale; and any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle or place where any food is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold or offered for sale for human consumption or use. The Secretary is also mandated under the Act to establish standards of sanitation to be maintained by all owners, operators and employees of bakeries, restaurants and food stores. All such establishments are to be inspected at reasonable intervals for the purpose of determining whether such standards are being maintained. The Secretary of the Ministry of Health of the Republic of Marshall Islands has recognized the need for the development and enactment of specific food safety legislation and has initiated its technical drafting. In addition to the Public Health, Safety and Welfare Act, Title 7 Ch. 1, the relevant primary legislation of the Marshall Islands for food safety control include: (i) Export Meat Inspection Act, Title 9 Ch. 4; and the (ii) Marshall Islands Marine Resources Act, 1997. The object of the Export Meat Inspection Act is to prevent the use in export commerce of meat and meat food products which are adulterated. Accordingly, it prescribes mandatory ante and post mortem inspection of animals whose meat is intended for export and also methods of slaughtering deemed acceptable under the Act. The Act also requires examination, inspection and certification of all meat food products prepared solely for export in any slaughtering, meatcanning, salting, packing, rendering or similar establishment. All persons, firms or corporations engaged in export commerce in relation to meat and meat food products are required to be registered by the Chief of Agriculture. The Export Meat Inspection Act was developed when there was an intention to export meat but at the moment no meat export occurs. This Act should be repealed and aspects related to meat export should be addressed in an overarching basic food law. The legislative framework for phytosanitary regulation is outdated and inadequate. Consideration is being given to the adoption of the model Biosecurity Bill promoted by SPC to address this issue. The Marshall Islands Marine Resources Act is brief and prohibits the harvesting of fish and the sellinl'l of fish harvested by explosives, poisons and chemicals.
- 56 Regulations and Standards There are no regulations currently established under a piece of primary legislation on food safety. However, there are regulations and standards on packaged drinking water and on foreign fishlng agreements and fish processing establishments. The Marine Resources Act basically prohlbits the harvesting of fish and the selling of fish harvested by explosives, poisons and chemicals. The Rules and Regulations on Foreign Fishing Agreements and Fish Processing Establishments on the other hand prescribe regulations covering the licensing, operation and inspection of fish processing centers. The provisions of both pieces of legislation are very brief and do not include or make provision for the adoption of standards for processed fish products for instance. There are also no legislative provisions addressing aquaculture and zoonoses in relation to aquatic animals. Enforcing Existing Legislation The Act requires that all food offered for public sale shall be subject to inspection by duly authorized officers of the Ministry of Health. However, no officers have been authorized in recent years as a past Cabinet Paper is said to have transferred thls authority to the Environmental Protection Authority (EPA) when the sanitarians of the Ministry of Health were transferred, for various reasons, to the Authority. While not having authority to undertake food inspections the EPA can, under its own Act and regulations inspect premises for water quality and inspect water bottling plants for water quality and hygienic facilities and practices. The EPA attempts to involve health authorities and local authorities in these inspections as a part of a multi-organization team approach. None of the health authorities currently involved in these inspections have formal training in food inspection and their involvement in the process is reported to be limited to checking the health certificates present in the food business' premises. There is currently no control of imported food from a food safety perspective unless the government is informed of an overseas food recall in progress. 5. FEDERATED STATES OF MICRONESIA Primary Legislation The Federated States of Micronesia have a National Food Safety Act (the Federated States of Micronesia Code Title 41 Chapter 10 - herein after referred to as the Act), effective as of December 22, 1992, that is intended to protect consumers from unsafe food. The Act is focused entirely on food being imported to or exported from the Federated States of Micronesia; and food being transported inter-State. The Act prohlbits the importation, exportation, preparation, packaging, or storage of any imported food or food intended for export that is unfit for human consumption, adulterated, damaged, deteriorated or perished. Deceptive representation of food that has been imported or intended for export is also prohlbited under the Act. The importation of any article which is restricted in its sales in the country of origin is prohibited and so also are imported articles that have expiration dates that have passed. The Secretary for Health Services may license persons to import, export, prepare, pack or store food that has been imported or is being prepared for export, or transport food that has been imported or is being transported for export, in accordance with promulgated regulations. Thus national health authorities issue "health licenses" to food importers and food exporters after the importers/exporters have submitted an application and paid application and license fees and have satisfactorily passed an inspection of their food facilities by national food inspectors.
- 57 As a consequence of the focus of the current Act on food being imported to or exported from the Federated States of Micronesia, and food being transported inter-state, the Federated States of Micronesia does not currently have an overarching piece of national food legislation that addresses all food and feed for sale in the Federated States of Micronesia.
In an effort to ensure consistency between States and to facilitate the enforcement of the Act, the Act stipulates that cooperation between national and State government health authorities must occur in the implementation of the food safety programme. The Act ensures that those States without appropriate legislation meet the minimum standard of food safety expected under the Act.
The Secretary is also mandated under the Act to establish a Food Working Group to advise him or her and to carry out such other functions as may be assigned to it. The Food Working Group may conduct hearings into violations of the Act at the request of the Secretary and may impose sanctions when it fmds that violations of the Act have indeed occurred. This Group meets irregularly and as needed. The current National Food Safety Act could be reviewed and revised so that it can better set a minimum standard for food safety so that all citizens of the Federated States of Micronesia have equal protection against unsafe food. In recognizing the federal system and State's rights that exist within the Federated States of Micronesia an overarching food law could still provide guidance for States as is applied in Australia. Any revision should ensure a fann-to-table approach and more broadly permit the general principles and scope of an ideal food law to be addressed on a national level. In the Federated States of Micronesia, in addition to the National Food Safety Act 1992/93, there are five other Acts of relevance to either food safety or sanitary and phytosanitary (SPS) requirements including: (i) Copra Trade Licensing Act, the Federated States of Micronesia Code Title 22 Chapter 3; (ii) Export Meat Inspection Act, the Federated States of Micronesia Code Title 22 Chapter 5; (iii) Health Services Administration Act, the Federated States of Micronesia Code Title 41 Chapter 1; (iv) Quarantines Act, the Federated States of Micronesia Code Title 22 Chapter 4; and (v) Marine Resources Act, the Federated States of Micronesia Code Title 24. In addition to these federal statutes, there are also pieces of legislation on food safety, sanitary and phytosanitary regulation and control enacted by the individual component States of the Federated States of Micronesia. The Marine Resources Act deals primarily with the management and harvesting of fishery resources. Although the Act defmes fishing as including transportation, storage and processing of fish, there are no further provisions on fish processing or standards. Provisions relevant to seafood exports are found in the National Food Safety Act. The Export Meat Inspection Act contains detailed and comprehensive provisions on meat and meat products intended for use in export commerce. It was developed when there was an intention to export meat but at the moment no meat export occurs. This Act should be repealed and aspects related to meat export should be addressed in any revision of the National Food Safety Act 1992/93 and under subsidiary legislation when and as necessary. Regulations and Standards The Secretary for Health Services has power to make regulations regarding food standards; import, export, processing, packaging, labelling, storage, sale, export, conveying, testing, advertising, bookkeeping and licensing standards; licensing fees; methods of sampling and analysis; and food-handlers.
- 58A number of regulations were adopted in 1993, based on Codex guidance. These regulations include the: (i) DHS5 Regulations (No.1 of 1993) for National Food Inspectors and Food Analysts; (ii) DHS Regulations (No.2 of 1993) General Principles for Food Hygiene; (iii) Hygienic Practice for Canned Foods6; (iv) Licensing: Food Importation, Processing, Exportation and Distribution Regulations; (v) DHS Regulations (No.5 of 1993) Labelling of Packaged Food; and (vi) DHS Regulations (No.6 of 1993) for Quick Frozen Blocks ofFish Fillet, Minced Fish Flesh, Mixtures of Fillets and Minced Fish Flesh. The General Principles for Food Hygiene applies to the growing, harvesting, preparation, processing, packaging, storage, transport, distribution and sale of food intended for export of for inter-State co=erce. It specifies: hygiene requirements for the growing and harvesting of food; design, facilities and hygiene requirements for food processing establishments; personal hygiene and health requirements for persons engaged in the handling of food; and end-product hygiene requirements, thereby addressing food hygiene at all stages of the farm-to-table spectrum. The Secretary of Health may also make regulations under the Health Services Administration Act for the public health and safety respecting, inter alia, the adulteration and misbranding of food, and the manufacture, compounding, processing, extracting, preparing, storing, selling and offering for sale or for consumption or use of any food. However, no standards exist for many foods being imported into and consumed in the Federated States of Micronesia. The Environmental Health Coordinator has initiated action to draft standards in accordance with Codex and is examining how to harmonize these with those under development in Fiji. Enforcing Existing Legislation Food safety in the Federated States of Micronesia is the primary responsibility of the Department of Health, Education and Social Affairs' Division of Environment and Co=unity Health. The Department has a single officer at central level and two to three national Food Inspectors based in each of the States. These National Food Inspectors focus on controlling imported food, export facilities and food in inter-state trade. The current progranune is not riskbased but officers are initiating efforts to increase the risk-based nature of the progranune. Each of the States (Chuuk, Kosrae, Pohnpei, Yap) has its own officers responsible for food control either as part of the environmental protection group or a sanitarian. The States' officers focus on domestic food control. However, there is some inconsistency between how food is controlled in each of the States. There is also some inconsistency with regard to the import and sale of food past its use-by date. The Federated States of Micronesia currently has no food analysis capability. 6. NAURU Primary Legislation Nauru has a recently enacted Food Safety Act (No.4 of 2005). The purpose of the Food Safety Act is to provide for: the protection of the health of consumers; the production, processing, distribution and trade in safe food; and, procedures and facilities for services to ensure the safety of the food supply in Na'·ru. As with other legislation in the Pacific, lhere is a degree of detail in the Act that is not normally found in a basic food law. The Minister of Health
5
Department of Health Services Desoite establishing the regulation on car 'led foorl. F~
6
M t,. ( 3te ha, n(l can 'ing facility.
- 59and health authorities took this unusual action in recognition of the lengthy time it takes in many Pacific Island countries to draft and endorse regulations. While this may mean that there is a need to revise the Act in the future so that the detailed requirements do not become out of date, it was considered a necessary step to enable immediate operation of the legislation. The Act prescribes certain innovative requirements such as mandatory training of all food handlers by health authorities or by accredited training organizations prior to their commencement of employment in a food business, and the mandatory application of Good Hygienic Practices (GHP) as prescribed in the Codex International Code of Practice on General Principles of Food Hygiene by all food businesses in the production, processing, storage, handling, display and sale offood. The Act also requires registration of all food business premises by the Department of Health prior to initiating operations while recognizing that Nauru has other licensing authorities that do not have a focus on health matters. Operators of food businesses are required under the Act to put in place procedures prescribed in the Act to ensure the safety of food processed, handled, stored, displayed or sold by their businesses. The Act also contains labelling requirements for packaged foods as well as rules on the use of expiration and "best before" dates on foods. The definition of food business includes undertakings engaged in the importation and exportation of food. As such imported foods and foods intended for export are all regulated under the Act. The Act makes provision for the appointment of a Food Safety Advisory Board by the Minister. The role of the Board is outlined in the Act and it involves providing guidance to the Minister of Health on matters relevant to food safety including: national food safety strategy policy; food laws, regulations and standards; and the control of imported and exported food. As its name implies, however, the Board is only an advisory body and its recommendations are not binding on the Minister. The power to make regulations necessary to give effect to the provisions of the Act is entrusted to Cabinet. Regulations may be made on a wide range of subjects including: importation and exportation of food; labelling requirements; standards; fish and fisheries; and, the establishment of a Food Safety Committee to address food from production to consumption. It is not clear how this Committee would be different from the Food Safety Advisory Board (FSAB). Perhaps there is no need for additional regulations given the existence ofthe FSAB Prior to the enactment of the Food Safety Act, the Public Health Ordinance, 1925 and the Manufacture and Sale of Bread Ordinance, 1926 were the relevant pieces of legislation on food safety in Nauru. Whereas the Food Safety Act expressly provides that it does not affect the powers and penalties imposed by the Public Health Ordinance where they do not address food safety, it is silent as to its effect on the Manufacture and Sale of Bread Ordinance. The Act should be amended to repeal the Ordinance to avoid any confusion. In addition to its new food safety legislation, primary legislation on food safety and phytosanitary and zoo sanitary control in Nauru consists of the: (i) Agricultural Quarantine Act (No.5 of 1999); (ii) Animals Act (No.6 of 1982) and Regulations; and the (iii) Fisheries Act (No. 18 of 1997. The Fisheries Act only deals with fisheries management, conservation, monitoring and enforcement issues. Neither of the other pieces of primary legislation are specific to food safety.
- 60 Regulations and Standards No food regulations or standards have been approved under the new Food Safety Act. Hygiene regulations have been drafted. Enforcing Existing Legislation The inspector of the Department of Public Health and Medical Services inspects the many restaurants and retail outlets advising on how businesses can improve their hygienic practices and monitoring use-by dates on products. The Department of Public Health and Medical Services is also responsible for the administration and management of both import and export food control. However, enforcement in relation to these areas is quite limited. The analytical capacity of Nauru requires considerable development ifit is to make a strong contribution to the food safety programme. Currently, there is no food laboratory, no legally recognized analysts, and analysts are not required to have a specific level of training or competence. Nauru does not have a contaminant monitoring programme which in part may be attributed to the poor analytical capacity in the country.
7. NIUE Primary Legislation The basic food law in operation in Niue is the Food Control Act, 1981 (No. 70 of 1981). The Food Control Act contains a set of prohibitions and/offences relating to the preparation, labelling, advertising and sale of food. These include sale of poisonous, unwholesome or adulterated food or food not of the nature demanded by a purchaser, misleading or deceptive labelling of food and the preparation or sale of food under insanitary conditions. Any person who engages in the foregoing commits an offence for which a penalty is prescribed in the Act. Persons engaged in the handling of food are required to undergo such medical examinations as may be prescribed by the Director of Health. Importation of any article which does not comply with the provisions of the Food Control Act is prohibited except where by satisfactory re-labelling or re-conditioning the said article will comply with the provisions of the Act. Thus, in effect, the provisions of the Act extend to imported foods. Although the Food Control Act is administered by the Director of Health, Cabinet is entrusted with power to make regulations for the purpose of carrying out the provisions of the Act. Regulations may be made, although they apparently have not been, on a wide range of subjects including: standards; importation and exportation offood; packaging and labelling requirements; and registration of food premises. In its savings provisions, the Food Control Act provides that its provisions shall be in addition to, and not in derogation of, the provisions of any other existing legislation. Accordingly, the provisions of the Public Health Ordinance on the manufacture and sale of food remain part of the food safety regime and, as such, present an avenue for duplication of regulatory efforts.
The Public Health Ordinance requires registration of all food premises by the Chief Medical Officer. It also sets out detailed requirements, mostly sanitary requirements, for all classes of food premises as well as additional requirements for special classes of food premises such as bakehouses and premises used for the preparation and sale of meat and fish, ice cream, milk ices and milk. The Ordinance further requires persons engaged in the handling of food to undergo medical examinations and to abide by prescribed personal hygiene requirements.
- 61 Unlawful handling of food and the sale of unwholesome food are offences under the Ordinance for which sanctions are prescribed. In addition to the Food Control Act, 1981 (No. 70 of 1981) and Public Health Ordinance, 1965 (No. 24 of 1965), the relevant primary legislation dealing with food safety, phytosanitary regulation and zoo sanitary control in Niue are the: (i) Agricultural Quarantine Act, 1984 (No. 99 of 1984, as amended by No. 136 of 1989); (ii) Copra Ordinance, 1969 (No. 60 of 1969); (iii) Domestic Fishing Act, 1995 (No. 199 of 1995); and the (iv) Pesticides Act, 1991 (No. 158 of 1991).
The Agriculture Quarantine Act, 1984 (as amended) addresses both phytosanitary regulation and zoo sanitary control. Under it, the Cabinet has power to set up quarantine stations for the detention or treatment of animals, animal products, plants and plant materials. A written permit issued by the Director of Agriculture is required prior to the importation or introduction of any animal, animal product, plant, plant material, organism, biological product, goods or packing material into Niue. The Agriculture Quarantine Act also contains provisions prescribing disease control measures and powers of quarantine/livestock officers in the event of an outbreak of plant or animal pests or diseases in Niue or any part thereof. A state of agricultural emergency, however, can only be declared by Cabinet which also has power to specify the measures that may be taken to prevent the establishment of serious disease or pest in Niue during such emergency. The Cabinet is also authorized under the Act to make regulations for the purpose of carrying out the provisions of the Act and several Regulations have indeed been made. The Copra Ordinance, 1969 regulates the making, grading, inspection, purchase, storage, licensing and export duty for copra. The Pesticides Act regulates importation and sale of pesticides and requires permits. The Domestic Fishing Act prohibits the use of dynamite, firearms and poisons in the taking of fish. It also authorizes Cabinet to make regulations at any time prohibiting the export of any species of fish, their meat or body parts. Regulations and Standards The regime for food safety is devoid of standards and regulations. Although the primary legislation (i.e. the Food Control Act and the Public Health Act) provides for the adoption of regulations on a wide range of matters, none appear to have been made. Enforcing Existing Legislation In Niue, food safety is administered through the Director of Health by two health inspectors who enforce the local pure food ordinances of the health authority. The Health Department reports that they currently have adequate staff to address food safety. Howevers insufficient resources compromise their ability to meet the national objectives.
Imported food is not currently controlled for food safety. The food safety programme does not have access to a food laboratory or expertise in food bacteriology, mycology, virology and chemistry. With close ties to New Zealand, such expertise can be gained off-shore when necessar:' Contaminant monitoring is not undertaken and no published dat~ in this regard is available.
- 628. REPUBLIC OF PALAU Primary Legislation The Republic of Palau is another of the few Pacific Island countries that does not have a dedicated legislative framework for food safety, but is currently proposing different pieces of legislation to address different aspects of this issue (e.g. pork bill of 2007) rather than the farmto-table approach advocated by FAO and WHO. Food safety is addressed in a limited manner in Title 34, Division 2 of the Palau National Code, Sanitation. Section 1003 mandates the Director of the Bureau of Health Services to establish standards of sanitation to be maintained by all owners, operators and employees of bakeries, restaurants, food stores and similar establishments. It further prescribes mandatory inspection of all such establishments at regular intervals for purposes of determining whether the above-mentioned standards are being maintained. Section 1004 of the Code provides that all food offered for public sale shall be subject to inspection by duly authorized representatives of the Bureau of Health Services. Food for human consumption which is adjudged, by Health Inspectors under the new Environmental Health Regulations, to be unsanitary or of questionable sanitary condition because of contamination, spoilage, animal or insect infestation, adulteration or age shall be destroyed. Any canned, bottled or packaged foodstuffs which are labelled pursuant to laws or regulations of their country of origin and which specify the date by which such foodstuffs must be sold or consumed are conclusively presumed to be of questionable sanitary condition if such date has expired and may be disposed of by the Director of Health, or his representatives. The legislative provisions on food safety appear inadequate, although it is proceeding towards national legislation on different aspects of this issue. It does not fully address the farmto-table spectrum. Food is not clearly defined in the legislation. Neither is there a definition of adulterated or unsanitary food, although these are briefly described in the new Environmental Health Regulations under Consumer Protection Regulations. There are no legislative provisions under which food standards may be made and the provision that authorizes the adoption of regulations limits the scope of such regulations to sanitation of food establishments and food products. The foregoing underscores the need to review the existing legislative regime for food safety in Palau and revise it as the country considers necessary. In relation to food safety and sanitary and phytosanitary control in Palau, in addition to the Public Health, Safety and Welfare, Title 34 of the Palau National Code (PNC), 1986, the primary legislation includes the: (i) Fisheries, Title 27 of the PNC, 1986; (ii) Environmental Protection, Title 24 of the PNC, 1986; (iii) Marine Protection Act, 1994; and the (iv) Plant and Animal Control Act, Title 34 Division 3 of the PNC. The purpose of the Plant and Animal Control Act is to protect the agricultural and general well-being of the people of Palau by establishing quarantines as a means of preventing the introduction and further dissemination of injurious insects, pests, and diseases into and within the country. Accordingly, the statute authorizes the Director of the Bureau of Agriculture, with the prior approval of the President, to issue and administer plant and animal quarantines and regulations. As regards to fish and fisheries products, the relevant legislation includes: • Title 24 of the PNC prohibits the u~..: of t;xplosives, poisons or chemical subslhllces in fishing; • Title 27 of the PNC addresses the management and conservation of fisheries resources; and
- 63 • The Marine Protection Act, 1994 addresses the export of fish. Regulations and Standards Pursuant to the provisions of section 1003 of the Code, a number of food-related regulations have been adopted as articles under the Environmental Health Regulations of May 2004, and were amended and added on to in August 2007, becoming Environmental Health Regulations 2nd Edition 2007. These are: • Article 4 - Food Service Establishments • Article 5 - Food Sales at Concession Booths, Food Wagons and Barbeque Stands • Article 6 - Food Sales: Pre-prepared Foods • Article 7 - Food Sales: Labelling Requirements • Article 8 - Fresh Fruit and Vegetable Cultivation and Processing • Article 9 - Vending Machine Operations • Article 10 - Piggeries and Poultry • Article 14 - Slaughterhouses • Article 15 - Trochus Processing and Storage • Article 25 - Consumer Protection • Article 32 - Breweries • Article 33 - The Importation & Exportation of Food Products These regulations contain detailed provisions mostly dealing with the sanitary aspects of the above-mentioned subjects. Nowhere is food defmed nor is there a defmition of adulterated or unsanitary food. The regime is devoid of standards; indeed, th~e are no legislative provisions under which food standards may be made. The provision that authorizes the adoption of regulations limits the scope of such regulations to sanitation of food establishments. On the other hand, the provisions in the regulations require that all food handlers from private kitchenettes (those who sell food to markets) to those in restaurantslhotels have training. As regards to fish and fisheries products, Article 33 on the 'The Importation & Exportation of Food Products' requires that all "Food(s) that is prepared in the Republic of Palau for the purpose of international export shall obtain the necessary Sanitary or Phytosanitary certificate(s) from the Ministry of Health, Division of Environmental Health to ensure the country of import that such products are fit for human consumption and free of pests and diseases." As a consequence of this article the Health Inspectors of the Ministry of Health will have the authority to inspect and test products to be imported/exported. Enforcing Existing Legislation Approximately 80% of all food consumed in Palau is imported. The Bureau of Agriculture under the Ministry of Resources and Development is responsible for the inspection of all imported goods, including specifically agriCUltural products (i.e. fresh produce and frozen mf"at' as mandated under the Plant and Animal Quarantine Regulations. Unpackaged foods, such
- 64-
as vegetables and fruits, and refrigerated foods, such as meat and meat products, are inspected. Packaged foods are only inspected for pests. Food labels are not checked. The Division of Environmental Health is mandated under the Bureau of Public Health, Ministry of Health to enforce the food safety articles under the new Environmental Health Regulations. There are over 300 food establishments operating in Koror and Airai, over 2,000 food handlers permitted, and almost 30 registered household kitchenettes throughout the Republic. The health inspectors utilize a 'Food Inspection Report' proforma that allocates points to various items observed during an inspection of a food establishment. Depending on the score received, a food establishment is graded as A (96-100), B (86-95), C (75-85). In the event an establishment receives a score of less than 75%, they may be closed. Grade C premises must upgrade to at least a grade B by a date nominated by the inspecting inspector. 'Household Catering Inspection' forms are used for household kitchenettes (catering) that also allocate points to various items observed during an inspection. Kitchenettes are graded as either P for pass (80-100) and F for fail (79-below). The Division of Environmental Health and the Bureau of Marine Resources ensure that Palau meets the requirements of exporting seafood to the ED and other areas. In excess of 1000 gastrointestinal infections are reported to the hospital and private medical centres every year. The Ministry of Health encourages medical practitioners to notify the Division of Environmental Health of all reported gastrointestinal infections on a proforma notification form entitled 'Diarrheal Disease Outbreak Investigation: Case Form'. Such notifications occur sporadically with the introduction of the national Reportable Diseases Surveillance System (RDSS), which is run from the national Ministry of Health. Palau does not have a functional food laboratory at present, but it will be operational in January of 2008, and will conduct food sample analysis on various foods for sale or trade in/out of the Republic of Palau. 9. PAPUANEWGDINEA Primarv Legislation The basic food law is the Food Sanitation Act, 1991. It addresses food adulteration, administration and the power to make regulations, standards, inspections, specific offences, legal proceedings for offences under the Act, medical examination of handlers, and labelling. It also has a provision for the establishment of the Food Sanitation Council, which was established on the 17 April 2002. Its main function is to administer the Food Sanitation legislation, carry out food safety investigation and report to the Minister on matters relating to food sanitation. The Act defines food as any article or substance used for food or drink for man other than a drug. This defmition of food is not in accordance with the defmition of food in the Codex and falls short in that regard. With respect to importation of food, the Act requires that the Minister be informed by any person who intends to import food into PNG. All imported food and food additives are subject to examination and where they do not comply with the provisions of the Act, they may be forfeited and destroyed. Notwithstanding the enactment of the Food Sanitation Act in 1991 which is broad enough and covers all types of foods, there is still commodity-specific legislation such as the Bread Act and the Baby Feed Supplies (Control) Act in force in PNG. As a result, legislative provisions dealing with food safety are spread through several pieces of legislation, each with a different institutional setup for administration and enforcement.
- 65 Given the aforementioned issues it is timely to consider a review and possible revision of the Food Sanitation Act to refocus it such that it addresses the general principles ofa basic food safety law, including both taking a farm-to-table approach and basing the revision upon risk analysis principles. In so doing, it would also be appropriate to ensure all food safety comes under the umbrella piece of legislation. In addition to the Food Sanitation Act, 1991, a number of pieces of primary legislation have been developed to address zoo sanitary and pyhtosanitary matters and related food safety in PNG including the: (i) Animal Disease and Control Act 1952 (Chapter 206); (ii) Animals Act 1952 (Chapter 329); (iii) Baby Feed Supplies (Control) Act 1977 (Chapter 365); (iv) Bread Act (Chapter 283); (v) Cocoa Act (Chapter 388) and (vi) Cocoa (Amendment) Act, 1997; (vii) Copra Act (Chapter 211); (viii) Copra Marketing Board Act 1983; (ix) Customs Act 1951 (Chapter 101); (x) Fisheries Management Act 1998; (xi) National Agriculture Quarantine and Inspection Authority Act 1997; and the (xii) Public Health Act 1973. With respect to food safety, the legislative regime comprises the Food Sanitation Act 1991, the Baby Feed Supplies (Control) Act (Chapter 365), the Bread Act (Chapter 283) and the Public Health Act, 1973. In addition to the Food Sanitation Act, the Bread Act and regulations make provision for the sizes, weights and labelling of bread intended for sale in places classified as declared towns and declared areas by the Head of State. The Baby Feed Supplies (Control) Act and Regulations on the other hand establish controls on the sale or advertisement of certain proscribed baby feed supplies. The Minister has power to declare any baby or infant feeding aid as a proscribed article and an authorization must be shown before a pharmacist may supply any such proscribed articles to any person. The use of primary legislation to address specific commodities is not ideal and any review of the Food sanitation Act should also consider repealing this and including them under the Act and its regulations. The Public Health Act does not directly address food safety matters except that it authorizes the Head of State to make regulations governing the licensing, control and inspection of: the preparation, sale, distribution and possession of food; the keeping of animals used for food or for the production of food products; dairies and milk supply; eating houses and food shops; and food manufacturing establishments. It is an offence under the Act to engage people suffering from infectious diseases in the handling of food intended for human consumption. The legislative frameworks for phytosanitary regulation and zoosanitary control are both covered under the National Agriculture Quarantine and Inspection Authority Act, 1997. Apart from this Act, there are other statutes dealing specifically with certain plant products (such as the Cocoa Act and Regulations, the Copra Act and the Copra Marketing Board Act), as well as statutes dealing with animals and aniinal·diseases (such as the Animals Act, the Animal Disease and Control Act, the Slaughtering Act, the Fisheries Management Act, the Public Health Act, the Customs Act and their respective relevant Regulations). The National Agriculture Quarantine and Inspection Authority Act established an Authority with the same name as a body corporate with perpetual succession. The objects of the Authority are the conduct of quarantine and the inspection any animal, fish and plant species and any products derived there from to prevent pests or diseases from entering into or going out of PNG. Numerous biosecurity-related functions have been specified in the Act for the Authority. The Act prescribes general and emergency quarantine measures to be taken in the event of the outbreak of pests or diseases. It also provides for quarantine measures to be administered with respect to imported plants and animals. Imported plants, animals and other specified articles used in connection with them cannot be landed unless a permit to that effect has been issued by a Quarantine Officer. After landing and before being delivered to the importer, imported animals and plants are subject to examination by Quarantine Officers who may, after such examination, order the imported animals or plants into quarantine or destroy those that are diseased. The Head
- 66of State is empowered under the Act to make such regulations necessary for giving effect to the provisions of the Act. The Cocoa Act and the Copra Marketing Board Act, respectively, establish a Marketing Board for the respective commodities and requires the registration of manufacturers and exporters. In each case, provision is made for Inspectors appointed by the marketing boards to inspect and either certify or reject products intended for export. In essence, the Animals Act and Regulations provide for the welfare and control of animals. The Animal Disease and Control Act and Regulations on the other hand contain provisions dealing with animal health issues and the management of animal diseases. The Customs Act, 1951 and its regulations control the export of fish from PNG while the Fisheries Management Act and Regulations establish a National Fisheries Authority the functions of which include controlling and regulating the storage, processing and export offish and fish products, subject to the provisions of the Food Sanitation Act. The National Fisheries Authority has adopted the European Union (EU) equivalency approach and as such is exporting fish and fisheries products to the EU. PNG therefore meets Codex standards, including HACCP in relation to fish and fisheries products for export. The entire food and agriculture sector (and by logical extension, the entire economy ofPNG) could, however, benefit from increased international trade if a similar equivalency approach harmonized applicable standards with Codex and other international standards instead. The Animal Diseases and Control legislation empowers the Minister, by notice published in the Gazette, to prohibit or restrict the importation of or movement within PNG of any animal or kind of animal. There is no evidence to suggest that this has been applied to protect local producers and to restrict international trade in animals and animal products. However, consideration could be given to ensuring legislative compliance with international obligations. Regulations and Standards PNG's new Food Sanitation Regulation came into force in Apri12007. Other Regulations and standards relevant to food safety and sanitary and phytosanitary control include the: (i) Animal Disease and Control Regulations 1955 (Chapter 206); (ii) Animals Regulations 1967 (Chapter 329); (iii) Baby Feeds Supplies (Control) Regulations 1977 (Chapter 365); (iv) Bread Regulation (Chapter 283); (v) Cocoa Regulation 1982; (vi) Customs (Export Fish) Regulations 1953; Food Sanitation Regulations, 2007; Fisheries Management Regulations 2000; and the Public Health Act (Diary Farms) Regulations 1973. Of the numerous regulations made under the Public Health Act, the only one that is relevant to food safety is the Public Health (Dairy Farms) Regulations, 1973. These regulations require any person or business operating a dairy farm to be licenced. The regulations further prescribe detailed standards and requirements for the operation of a dairy farm. They include hygiene and construction standards and requirements as well as regular inspections. The provisions of the Regulations are apparently designed to ensure that milk and dairy products produced in PNG are safe for human consumption. As its name implies, the Customs (Export Fish) Regulations, 1953 promulgated under the Customs Act, 1951 regulates the export of fish from PNG. Under the regulations, fish intended for export must be examined by fisheries officers and certified as fit for human consumption if they conform to the requirements specified in the regulations. Export fish processing and packaging centres must also be registered under the regulations. As with many Pacific Island countries and areas, the regulations and standards on seafood for export have been developed with the assistance of regulators from countries desiring to import these products. The Cocoa Regulations prescribe detailed quality standards for cocoa beans intended for export.
- 67 Enforcing Existing Legislation Through the Minister of Health, the National Department of Health has a key responsibility for the administration of food safety in Papua New Guinea (PNG). This is implemented through the Department's Health Protection section. This section has a staff of more than five senior environmental health officers. One senior officer oversees food sanitation and quarantine in the country. National environmental health officers are limited to providing policy, legislation and guidance for those at provincial and local levels. Provincial and local authorities are mandated to enforce the legislation. In addition, local authorities may develop bylaws in line with the legislation to suit their local needs. Imported food control is also the responsibility of the Department of Health. At each of the major ports throughout the country a food inspector has the responsibility to implement imported food control. Under the Fisheries Management Act 1998, the National Fisheries Authority is responsible for licensing, management and development of the fisheries sector. It also manages the storing, processing and export of fish and fish products. Papua New Guinea has a number of good analytical facilities including the Central Public Health Laboratory in Port Moresby which has the capacity to undertake basic bacterial analyses of food but which is largely used for water analyses. In addition, there are several analytical laboratories capable of carrying out chemical and microbiological tests. This includes the National Analytical Laboratory (NAL) in Lae, Food Technology Laboratory at UNITECH, the National Agricultural Research Institute (NARI) laboratory and the National Agriculture Quarantine Inspection Authority (NAQIA) laboratory at Kilakila in Port Moresby. 10. SAMOA Primarv Legislation The primary legislation on food safety is the Food and Drugs Act of 1967, the administration of which is entrusted to the Chief Executive Officer ofthe Ministry of Health, under the control of the Minister of Health. The Act defines what constitutes "sale" and "adulteration" of food, and prescribes a number of consumer protection and fair trade requirements in relation to food. The Act prescribes offences and empowers both the Public Service Commission and the Minister of Health to appoint such analysts and officers (defined to include Inspectors) required for the purposes of the Act. Officers have powers of entry and inspection, power to destroy unwholesome food as well as to take samples of food intended for sale for purposes of examination or analysis by analysts. The Act contains specific provisions on how samples of food may be taken for purposes of analysis, and the manner in which the results of the analysis are to be reported by the analyst. However, the Act leaves a number of gaps in food safety and relies on a fragmented regulatory system to address those gaps. The Food and Drugs Act is outdated (having been enacted 40 years ago) and as with many other Pacific Island food laws does not address the general principles of a basic food law including the farm-to-table principle. The Government of Samoa could promote health and fair trade by a review of the existing legislation. A survey of existing legislation in Samoa indicates that, in addition to the Food and Drugs Act 1967, and the Health Ordinance, 1959, the relevant pieces oflegislation for purposes offood safety, phytosanitary regulation and zoosanitary control, are as follows: (i) Agriculture, Forests and Fisheries Ordinance 1959; (ii) Animals Ordinance 1960 (Sections 37-39 and 40(2)(a)-(h) repealed by the Quarantine (Biosecurity) Act, 2005); (iii) Export of Meat Act 1997; (iv) Fisheries (Ban on Driftnet Fishing) Act 1999; (v) Fisheries Act 1988 and (vi) Fisheries Amendment Act 2002; (vii) Forests Act 1967; (viii) Quarantine (Biosecurity) Act 2005; (ix) Fair Trading Act 1998; (x) Consumer Information Act 1988; and the (xi) Weights and Measures Act 1960.
- 68 Under the Agriculture, Forests and Fisheries Ordinance, the Ministry of Agriculture is charged with the responsibility for regulating, controlling and supervising the manufacture, importation, storage and use of pesticides in Samoa. With respect to phytosanitary regulation and zoosanitary control, the Quarantine (Biosecurity) Act, 2005 was enacted in the latter part of2005. The provisions of the Animals Ordinance 1959 that were repealed were to do with importation of animals and/or animal products and these are now provided for under the new Quarantine (Biosecurity) Act 2005. The Agriculture, Forests and Fisheries Ordinance of 1959 and the Forests Act of 1967 were, however, not repealed and, as such, remain part of the new regulatory regime for phytosanitary and zoosanitary control. For purposes of national biosecurity coordination, the Act authorizes the Minister of Agriculture to enter into written agreements with other Ministries and Government agencies in relation to the effective management of the Act. The Minister is also obliged to ensure that appropriate consultation with Ministries and Government agencies takes place where the exercise of powers under the Act is relevant to the operation of those Ministries or Government agencies. Under the Quarantine (Biosecurity) Act, a written permit is required for the importation of regulated articles (e.g. soil, animal products, manure, fodder, etc) and all imported goods are subject to inspection and/or examination by officers authorized under the Act. Authorized officers must apply risk analysis to the inspection process and may detain, condemn or release the goods depending upon findings. The Chief Executive Officer of the Ministry of Agriculture may, by order, prohibit the importation of goods either generally or from any specified place and either absolutely or subject to such conditions or restrictions as may be specified in the order. Such orders may only be made by the CEO ifhe is of the opinion that there is an unacceptably high level ofbiosecurity risk in respect of the goods in question, after receiving and considering appropriate scientific advice on the issue and also taking into account risk analyses related to the goods. The Forests Act of 1967 also regulates importation of tree materials. The Quarantine (Biosecurity) Act also provides power to conduct pest and disease surveys within Samoa for purposes of facilitating the production and export of goods; the power to declare infected areas of quarantine concern and to take such measures as are necessary to eradicate or reduce the infestation; the power to declare and maintain areas of free or low pest/disease prevalence; and the power to proclaim pest/disease emergencies and to take measures necessary to counteract the emergency. The CEO is also required to keep a register of pests and diseases and to make same available for public inspection. Food safety and sanitary and phytosanitary control are also regulated by the: (i) remaining provisions of the Animals Ordinance of 1960 which essentially address animal husbandry and welfare issues; (ii) Fisheries Amendment Act of 2002 which establishes the Samoa Seafood Standards Council and empowers the Head of State to make regulations, among other things, prescribing requirements, standards and procedures concerning the processing, trading and marketing of fish and fish products. Any regulations made under the Act have extra-territorial application and may provide for different matters concerning: classes of fish and fish products; fish and fish products intended for use in Samoa or for export; and particular domestic and export markets. The Samoa Seafood Standards Council is mandated under the Act to provide a consultative forum between the Samoan Seafood Industry and the Government concerning the development, implementation and review of food safety standards and protocols necessary to facilitate market access for Samoan fish and fish products.
- 69The other piece of legislation relevant to food safety and zoosanitary control in Samoa is the Export of Meat Act of 1997. This Act provides for the establishment of meat export facilities and for controls relating thereto. Under the Act, no premises shall be used as an export slaughterhouse, export packinghouse or export cannery unless a licence to that effect has been issued by the CEO of Agriculture and Fisheries. With respect to an export slaughterhouse, a licence can only be issued by the Director if not less than 25% of the meat derived from the stock slaughtered at that premises is intended for export. The Act imposes a duty upon the licensee to maintain the slaughterhouse in a good sanitary condition and to keep records of all stock slaughtered at the premises. Specific conditions are laid down in the Act for meat intended for export. Such meat must be: (i) derived from stock slaughtered in a meat export slaughterhouse; (ii) inspected by an Inspector and passed by him as free from disease or defect and as suitable for export and branded in the prescribed manner; (iii) properly preserved by freezing, chilling, salting, canning, drying, dehydrating or other approved method; (iv) properly packed in a packinghouse and in good order and condition at the time it is placed on board ship or aircraft for export; (v) kept or stored in premises approved by the Director as a meat export store at all times before export; and (vi) in compliance with any conditions imposed in respect of the entry of the meat into the country to which it is proposed to be exported, or in respect of its sale for human consumption therein. Work will begin in January 2008 on a national abattoir legislative framework. This legislative framework will incorporate provisions for the slaughtering of animals for local sale and consumption. A further piece of legislation that will have relevance to food safety is the Draft Export Control Bill currently with the Office of the Attorney General. It is proposed that this draft Bill is to have all the controls such as authorizing officers, false trade description provisions and the issue of whatever certification is needed in one piece of legislation. Moreover, prescribed goods may be notified by public notice and imposed by the Minister on importers, exporters or other persons for permits, certificates, approvals of any sort. This Bill essentially provides for export controls. Regulations and Standards No regulations related to food safety have been made under the Food and Drugs Act of 1967. However, an egg standard is currently being drafted. There are also draft Fish Processing and Export Regulations which are currently with the Office of the Attorney General awaiting finalization and endorsement. These regulations shall apply to fish or fish products intended for consumption: • that are intended for or undergoing processing within Samoa; or • that have been processed or are purported to have been processed in Samoa. The following shall be exempt from these regulations unless declared otherwise by the Minister by notice: • fish or fish products intended for non-commercial export; or • fish or fish products intended for consumption within Samoa. Under the regime for food safety, the absence of regulations prescribing food standards, for example, means that there is no protection of consumers from dumping of sub-standard imported foods and also from unfair trade practices.
-70 Enforcing Existing Legislation The Environmental Health Services ofthe Health Promotion and Preventive Services Division (Ministry of Health) is the key agency involved in the administration ?f food safety ~ Samoa. The objective of the food safety programme is to ensure that the food l~ ~a~e ~or publIc consumption and to prevent the food from contamination. The food control actIVItIes Include premises inspection, industry education, consumer education, etc. Other key agencies involved in food safety are: (i) The Quarantine Division o~~e Ministry of Agriculture and Fisheries (MAF) which is responsible for control of pestICIdes and animal feed, animal and plant diseases, and movement of animals and plants; (ii) the Animal Production and Health Division of the MAF which is responsible for meat control; (iii) the Fisheries Division of the MAF which is responsible for fisheries processing and fish export control; and (iv) the Ministry of Industry, Commerce and Labour which is responsible for consumer protection. There is currently no imported food control programme related to food safety, although action is being taken to address this. 11. SOLOMON ISLANDS Primal)' Legislation The basic food law for food safety in the Solomon Islands consists of the Pure Food Act of 1996. The definition of food in the Act is substantially in accordance with the Codex definition of food. Handling in relation to food is also defIned as meaning the harvesting, preparing, processing, preserving, packing, storing, decorating, serving, conveying or delivering of food. Although these listed activities do not reflect the entire spectrum of activities envisaged under the farm to fork concept, they are nonetheless representative of a good attempt at using the concept in the regime. The defInition of sale of food for purposes of the Act is also sufficiently broad and it applies to named instances where food is made available to the public not necessarily in exchange for valuable consideration. The Act relatively uniquely makes provision for collaboration between agricultural quarantine inspectors and health inspectors. Imported food is subject to inspection and examination by a health inspector upon arrival. Where such food is not covered under the Agricultural Quarantine Act, the health inspector may either issue an import permit to the importer ifhe is satisfied that the food complies with the requirements of the Pure Food Act. Alternatively the food can be rejected. Where the food is included under the Agricultural Quarantine Act, however, the health inspector may only issue a written clearance or a notice of rejection to an appropriate quarantine inspector. This is a unique legislative arrangement which ensures that imported foods are not only inspected for their biosecurity (pest and disease) risks but also for their compliance with relevant food and public health regulations. Although this legislative arrangement appears very effective on paper, no firm conclusions can be made as to whether this arrangement actually operates effectively on the ground. With respect to food for export, the Act requires that the harvesting, handling, processing, preparation, storage, transportation and distribution of such food shall satisfy all the requirements prescribed under the Act and applicable regulations in respect offood for sale. Any person who intends to export food may apply to the Director of Health for registration and certification of his manufacturing plant under the quality assurance programme to the effect that the food manufactured therein meets the standards prescribed for export. The Act provides that such certification may state that the food products have been produced under good manufacturing practices (GMP) and also that the company has employed the hazard analysis critical control point system (HACCP) or its equivalent to assure the safety of food produced. Although the Act
- 71 provides for the certification of manufacturing plants as using GMP and HACCP, such certifications are only reserved for manufacturing plants producing foods for export and not for local consumption. This suggests that a different level of protection could develop for domestic consumers and those overseas. As industry in the Solomon Islands develops, attention should be given to ensuring equal protection for both domestically consumed food and food for export by introducing a requirement for all food to be handled under GMP and HACCP principles.
In addition, the Act regulates the slaughter of animals for human consumption and the obtaining, processing, storage and transportation of milk and dairy products from animals. In this regard, the Act provides for the appointment of the Director of Livestock and Veterinary Services as the senior meat and dairy hygiene inspector and also for the appointment of other inspectors with the powers and responsibilities of health inspectors appointed under the Act. The Act requires that the slaughtering of animals and the use of animals for dairy purposes must be done in registered slaughterhouses or registered dairy facilities respectively. Again it is not clear if these provisions routinely operate and are being enforced. A Pure Food Advisory Board is established under the Act and its functions are to deliberate and make recommendations to the Minister on certain specified food safety matters. As its name implies however, the role of the Board is only advisory. It is not clear how often this Board has met.
In addition to the Pure Food Act, 1996 (No.4 of 1996), food safety and sanitary and phytosanitary control are also regulated through primary legislation by the: (i) Agricultural Quarantine Act and Orders (CAP 34); (ii) Agriculture and Livestock Act and Regulations (CAP 35); (iii) Commodities Export Marketing Authority Act (CAP 36); (iv) Diseases of Animals Act (CAP 37); and (v) Fisheries Act, 1998 (No.6 of 1998). This series of pieces of legislation make it difficult to find and apply the law and there is no primary legislation on plant protection in the regime. The Agricultural Quarantine Act deals with the importation of animals and animal products, plants, earth and any other things whether animate or inanimate by means of which disease or pests might be introduced into the Solomon Islands. The Act essentially empowers the Minister to make orders (in accordance with a procedure prescribed in the Act) regulating the importation or landing of the above listed items and in respect of other matters prescribed in a schedule to the Act. Provisions regulating the export of certain plant products (commodities) are prescribed in the Commodities Exporting Marketing Authority Act. The Act applies to the underlisted commodities: coconuts and coconut products, copra, cocoa pods and beans, palm oil and palm based products, spices, coffee and ngalinut. A licence issued by the authority is required to engage in the export of, or in any prescribed activity in relation to, these commodities. The Animals (Control of Experiments) Act regulates the use of animals for experiments. The Diseases of Animals Act on the other hand provides for the management of contagious and infectious animal diseases. It empowers the Minister to declare infected areas and to apply measures necessary to prevent the spread of diseases. The Fisheries Act regulates aquatic animals. Although the bulk of its provisions focus on the management and conservation of fisheries resources, it has a few provisions on aquaculture and the importation and exportation of live fish.
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Regulations and Standards The Pure Food Act relies heavily on the use of regulations for the prescription of matters such as food standards, qualifications of inspectors and analysts etc. However, it would appear that the legislative process largely came to an end with the enactment of the primary Act. There are no regulations in place other than those related to fishery products, produced as a result of pressures for export. Although draft regulations were developed several years back to complement the p1.lre food act, these were never gazetted. In 2007, a multi step process for the revision of the draft regulations took place, taking into account current food safety and quality issues facing the Solomon Islands as well as codex guidance. As a result, the draft regulations were revised extensively, also integrating feedback from key governmental and private sector stakeholders during a national consultation, in order to allow their fmalization for gazetting. The Pure Food (Fishery Products) Regulations 2005 were developed by the Environmental Health Division of the Ministry of Health and Medical Services, with EU assistance, to reflect current best practice. They were introduced over a 12 month period and are quite detailed and in line with EU requirements. The regulations address various areas including: an extensive list of defmitions, an identification of the competent authority, approval requirements, health control of environment and production conditions, general requirements for premises, and processing hygiene and HACCP-based quality assurance requirements. Enforcing Existing Legislation Enforcement of food legislation is through national, provincial and municipal environmental health officers and sanitarians. National officers are located in the Environmental Health Division of the Ministry of Health and Medical Service. A Food Safety Unit within this Division is staffed by to 2 officers. The food safety programme is not currently based upon scientific risk assessment and there is no established and documented protocol for the ongoing monitoring and evaluation of the food safety programme. Imported food is not currently controlled for food safety. The Solomon Islands has a national Public Health Laboratory but the facilities are inadequate for analysis of key microbiological and chemical hazards in food. A new national public health laboratory has recently been constructed and equipped with external funding assistance. There is no national calibration/reference laboratory and the national Public Health Laboratory does not employ quality assurance procedures and does not participate in interlaboratory proficiency testing programmes. No data on chemical contamination of food is collected on a regular basis, with the exception of histamine data provided by the tuna cannery at Noro. 12. TOKELAU Primary and Subsidiary Legislation and its Enforcement Tokelau has no documented food safety policy and food safety is not integrated into a national plan of action. There is no separate food law and structures to enforce health legislation as it is related to food safety are limited. There is no central food safety authority and health authorities note that authorities do not have a system of providing guidance on or monitoring of inspection activities. There are no prescribed training requirements of inspectors of food and authorities have no regular programme of in-service training for inspectors. There is no government training of industry in food safety and consumer education in food safety remains limited to nutrition workshops. Analytical capacity and foodborne disease surveillance are both extremely limited but health authorities note that diseases are reported to international and regional organizations on a monthly basis.
-73 13. TONGA Primary Legislation The basic food law is currently under development and the power to enforce this legislation has been transferred from health authorities to agriculture. A draft Food Act and a set of essential implementing regulations were developed in 2006 and feedback from stakeholders solicited through a number of consultations. The draft food act is currently being considered by the government of Tonga for enactment into law. The draft Food Act also includes provisions for the establishment and operation of a national food authority. Therefore Tonga is currently in a state of change in relation to food legislation and its enforcement. Previously food issues were regulated as part of public health issues under the Public Health Act of 1992 and subsidiary legislation made or continued in force under that Act. The definition of food was in accord with Codex but the requirements did not take a farm-to-table approach. The registration of all food premises was required and offences and penalties prescribed. Importation of food was not well covered but allowed the Minister of Health to direct any person knowing of the intended importation of food to provide him certain details. The Act also included detailed provisions on hygiene normally found in regulations; and requirements on slaughterhouses and slaughterers; and on temperature control of foods. In addition to the basic food law, the Pesticides Act regulates the registration, manufacture, import, sale, storage, distribution, use and disposal of pesticides in Tonga. It contains provisions on pesticide residues in food which are relevant for present purposes. The Act prohibits the harvesting of any plant or crop, or the slaughter of any animal, which has more than the prescribed maximum residue limit therein. Similarly, the Act prohibits the importation, exportation or offer for sale of any food or product made therefrom, which contains more than the maximum residue limit. Although heavy reliance is placed on maximum residue limits (MRLs), the regime does not make provision for the fixing or adoption of such limits. The Agricultural Commodities Export Act of 2002 also regulates the export of agricultural commodities, defmed as including all species of fruit, vegetables, root crops, spices and other plant materials. The Minister has power under the Act to declare that any such commodity shall not be exported unless it has been examined and approved by an agricultural inspector. Inspectors are authorized to certify consignments of agricultural commodities for export which, upon inspection and examination, meet the requirements of any regulations made under the Act and also comply with the grade or quality standards ofthe importing country. The Fisheries Management Act, 2002, provides for the licensing and registration offish processing establishments and for the export of fish and empowers the Minister of Fisheries to make regulations prohibiting, restricting or controlling the export of any species, type or size of fish or fish product where such action is required to ensure the quality and safety offish and fish products that are exported. In particular, seafood safety standards and the licensing of export or exporters of fish or fish products are matters to be provided for in the said regulations. The Aquaculture Management Act on the other hand establishes a regime for the licensing of all aquaculture operations in Tonga. It does not prescribe hygiene requirements for fish and other aquaculture products although it authorizes the Minister of Fisheries, upon consultation with the Aquaculture Advisory Committee, to issue and publish codes of practice. A robust legislative regime for food safety which measures up to the standards, guidelines and recommended practices contained in the Codex is not only desirable but imperative.
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-74 Regulations and Standards No regulations have been made under the current Public Health Act. However, the Act continues in force certain regulations made under the previous public health primary legislation. Thes~ regulations are: the Public Health (Bakeries and Bread Vendors) Regulations, 1940; the Pubhc~ealth (Resta~ants and Food Stores) Regulati~ns) 1940; and the Public Health (M€(at ) Ilegtllat~ons, 1967. The Public Health (Bakeries and Bread Vendors) Regulations and the Public Health (Restauraht and Food Stores) Regulations are similar in content. They both require registtatiorl. of premises used in such endeavours and they prescribe sanitary conditions to be maintained by owners and operators. All persons engaged in such premises are obliged to obtain a certificate of health from the Public Health Department once every three months. The Public Health (Meat) Regulations on the other hand prescribe detailed provisions on the slaughter of animals and the sale of meat in addition to the provisions contained in the Public Health Act. The provisions of the regulations are essentially meat hygiene provisions. A number of implementing regulations have been drafted under the Fisheries Management Act and are presently under consideration by the Government of Tonga. Of particular relevance for present purposes are the Draft Fisheries (Processing, Marketing and Export) Regulations. These Regulations authorize the relevant Minister to establish seafood safety standards for purposes of processing, marketing and export. In so doing, the Minister is obliged to take into account the General Principles of Food Hygiene and HACCP contained in the Codex Alimentarius. Fish processing establishments as well as fish exporting endeavours must be licenced under the draft Regulations and one of the conditions for maintaining the licence is compliance with HACCP. The Minister may appoint seafood safety inspectors to enforce the Regulations. Implementing regulations have also been drafted under the Aquaculture Management Act and are under consideration by the Government of Tonga. The draft regulations contain detailed provisions on aquaculture development licences for either land-based or marine aquaculture. It also establishes the Aquaculture Advisory Committee and outlines its various functions, including certification of aquaculture products. However, the draft regulations do not contain provisions relating to the hygiene of aquaculture products. Enforcing Existing Legislation
In recognizing the importance of food safety to both public health and economic development, Tonga has recently reviewed the administration of its national food safety programme. The Minister of Agriculture and Forestry is also the Minister for Food. This Minister is assessing the need for establishment of a National Food Authority. However, the administration offood safety, its policy and legislation are very much in a fluid state at the moment in Tonga. The Quarantine and Quality Management Division of the Ministry of Agriculture and Forestry is responsible for biosafety inspections of all imported plant and animal products (live or processed) but only for the purpose of ensuring the safety of the plant and animal population 7 in Tonga but not for consumer protection purposes • Thus, it is important that the import and export food safety control requires strengthening to ensure consumer protection. Tonga has limited analytical capacity. There are no government-recognized food analysts. Contaminant monitoring is largely non-existent with limited published data on the levels of contamination by bacterial and viral foodbome disease agents.
7 FAD (2003), A review of the existing national food control & quality assurance systems in Tonga, 'Amanaki M., FAD National Consultant, FAD, Apia
-75 14. TUVALU Primary and Subsidiary Legislation and its Enforcement Basic food legislation in Tuvalu is addressed in the Pure Food Ordinance (CAP 36). The definition of food in the Pure Food Ordinance is not in accordance with the Codex defmition. As defined in the Ordinance, food specifically excludes water although it includes any article which ordinarily enters into or is used in the preparation of human food. The Ordinance is typical oflegislation developed in the last Century. It addresses the preparation, mixing, packaging, labelling and sale of food but does not regulate the cultivation and harvesting of food. It addresses adulterated and falsely described food; requires premises to be kept clean and wholesome (without explanation of hygiene requirements to comply with this expectation); and provides Minister the power to appoint inspectors and analysts and also to make regulations for the administration of the Ordinance. In not referring specifically to the Minister of Health, it may seem to external reviewers that this could lead to uncertainty. However, the interpretation may be clear to those more familiar with Tuvalu legislation. Generally, the legislative regime for food safety is outdated, fragmented and does not address all activities envisaged in the entire farm-to-table spectrum. To promote health and fair trade, a review and possible revision of the basic food law for Tuvalu is recommended. Very brief Public Health Regulations have indeed been made under the Ordinance since 1926 dealing with a variety of matters. With respect to foodstuffs, the Regulations provide that all persons who sell or deal in foodstuffs of a perishable nature shall keep such foodstuffs properly protected from flies. A sanitary inspector may prohibit the sale of any meat, fish, poultry, fruit, vegetables and other foods of any kind whatsoever which, in his opinion, are unfit for human consumption. As regards mineral waters and ice cream, the Regulations require that only boiled or efficiently fIltered water shall be used in operations connected to the manufacture and bottling of aerated waters and the making of ice cream offered for sale. Beyond these, there are no further regulations dealing with food. Even the Fisheries Regulations make no provision for any hygiene or commodity standards related to fish and other aquatic animals. 14. VANUATU Primary and Subsidiary Legislation
Food (Control) Act 1993 and the Food (Control) (Amendment) Act 2000 and associated regulations For food safety, the basic food law in Vanuatu comprises the Food (Control) Act 1993 and the Food (Control) (Amendment) Act 2000. The definition of food in the Food (Control) Act, as amended, is substantially not in accordance with the Codex defmition of the term and the scope of the Act is also limited to activities such as importation, preparation, manufacturing, packaging, labelling, preservation, distribution and sale of food. Coverage of activities involved in the cultivation and harvesting of food is minimal, almost non-existent. The Act therefore does not address the farm-to-table concept of food control. The Act as amended provides that, for purposes of determining safe levels of any substance in food, including but not limited to additives, toxins, contaminants, pesticides, and microorganisms, current Codex Alimentarius standards shall be accepted as establishing such levels. The effect of this provision is that it incorporates relevant Codex standards on food additives, maximum residue limits and microorganisms into the legislative regime for food safety in Vanuatu.
-76 For the purpose of administration and enforcement, the Act designates the Director of Pub~i~ Health as ~e Chief Food Authority. The role of the Chief Food Authority is to ensure the nutntlOnal well-bemg and food safety of the public; to prevent fraud in the preparation, sale and use of food; and to supervise, guide and coordinate the work of all food authorities under the Act. The Act further designates for each administrative area, municipality or local authority, Food Authorities responsible for the administration and enforcement of the Act and for imported foods, the Director of Customs is the designated Food Authority. A further draft amendment to the Act has been made to enable the making of mandatory fortification standards. However, this has yet to be enacted. Food Hygiene Regulations were gazetted under the Act in November 2007. The Meat Industry Act The Meat Industry Act 1991 (No.5 of1991) and Meat Industry (Amendment) Act 1992 (No. 27 of 1992) address the export of meat by prescribing certain conditions that must be met before any meat can be exported. For instance, the Act requires that meat intended for export must be derived from an approved establishment and must have been stored in an export cold store; it must have been inspected by an authorized officer and passed as free from disease and defect and suitable for export and it must be in compliance with any conditions imposed by the importing country. Although, by amendment, certain parts of the Meat Industry Act apply to fish and fish products, the provisions of the Act relating to export of meat do not apply to the export of fish and fish products. Apart from its provisions on meat intended for export, the Meat Industry Act addresses the processing of meat and meat products, poultry and poultry products as well as fish and fish products intended for domestic consumption. In that regard, the Act contributes significantly to the legislative regime for food safety. Slaughterhouses, poultry plants, butcheries, canneries, fish depots and fish packing houses must satisfy conditions prescribed in the Act in order to be registered as approved establishments by the Minister and all meat, poultry and fish or their derivative products intended for human consumption must be slaughtered or processed in approved establishments. The Minister is also empowered to make regulations prescribing, inter alia, minimum standards of hygiene of staff, premises and equipment; compulsory ante and postmortem health inspection; and, health control of cut and stored meat and pOUltry. Unfortunately, no such regulations appear to have been made to date. Fisheries Act 1982 (Cap. 158), Fisheries Amendment Act, 1989 (No.2 of 1989) and Fisheries Regulations, 1983 Control of fish exports is addressed in the Fisheries Act and the Fisheries Regulations; all fish export processing establishments are required to be licensed and to be operated in accordance with conditions specified in the Regulations. Enforcing Existing Legislation Food safety at a national level is administered primarily through a single officer in the Ministry of Health's Environmental Health section. This officer can, however, call on other environmental health officers as required. In addition provincial and local authorities employ environmental health personnel or sanitarians who assist in the enforcement of food safety among their many other duties. Veterinary officers and meat inspectors ofthe Ministry of Agriculture control domestically produced, imported and exported meat. Other imported food is not currently controlled but there is a plan to implement an imported food control programme within the Ministry of Health.
-77 Vanuatu has very limited analytical capacity. The food programme does not have access to expertise in food bacteriology, mycology, virology or chemistry. At hospitals, only a few diseases are tested for and they generally do not include suspected cases of foodbome diseases.
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