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Center for Food Safety and Applied Nutrition
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FDA - Coop Arrang. Between FDA and New Zealand Covering Seafood
 
 
Cooperative Arrangement Between the Food and Drug Administration
and New Zealand Covering Seafood
 
AGENCY: Food and Drug Administration, HHS.
 
ACTION: Notice.
 
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SUMMARY: The Food and Drug Administration (FDA) is providing
notice of a Cooperative Arrangement between FDA and the Ministry of
Health and the Ministry of Agriculture of New Zealand. The purpose of
the Cooperative Arrangement is the recognition of each as competent
authorities, having systems to ensure safe, wholesome, and truthfully
labeled fish and fishery products.
 
DATES: The agreement became effective December 20, 1995.
 
FOR FURTHER INFORMATION CONTACT: Janet J. Walraven, Office
of Seafood (HFS-416), Food and Drug Administration, 200 C. St., SW.,
Washington DC 20204, 202-418-3160.
 
SUPPLEMENTARY INFORMATION: In accordance with 21 CFR
20.108(c), which states that all written agreements and memoranda of
understanding between FDA and others shall be published in the Federal
Register, the agency is publishing notice of this cooperative arrangement.
Because this arrangement only encourages each party to achieve
compliance with the other's regulatory requirements, it does not contain a
determination of equivalency subject to the Uruguay Round Agreements
Act (see 19 U.S.C. 2578a).
 
 
   Dated: February 16, 1996.
 
William K. Hubbard,
Associate Commissioner for Policy Coordination.
 
225-96-2004
 
Cooperative Arrangement Between Department of Health and Human
Services, The Food and Drug Administration, United States of America
and The Ministry of Agriculture and The Ministry of Health, New
Zealand, to Ensure The Safety of Imported Fish and Fishery Products
 
The Department of Health and Human Services, Food and Drug
Administration of the United States of America on the one part, and
The Ministry of Agriculture, and The Ministry of Health of New
Zealand on the other part, Desiring to safeguard public health and to
ensure wholesomeness and properly labeled fish and fishery products;
Recognizing that the United States, represented by the Department of
Health and Human Services, Food and Drug Administration (FDA), and
New Zealand represented by the Ministry of Agriculture (MAF) and the
Ministry of Health (MH), as competent authorities, each have systems to
ensure safe, wholesome and properly labeled fish and fishery products;
Noting that these control measures arise from authorities that are the
United States Federal Food, Drug, and Cosmetic Act (FFD&C Act),
Public Health Service Act (PHS Act), and Fair Packaging and Labeling
Act; and the New Zealand Meat Act 1981 and Food Act 1981; Noting that
these control measures are implemented by regulations under the
aforementioned authorities that are the New Zealand Fish Export
Processing Regulations 1995 and Title 21 of the United States Code of
Federal Regulations; Reaffirming that training programs and audits are in
place in both countries that provide trained and qualified inspection forces
which are the New Zealand Circuit Inspector Training program, supported
by an inspector audit program, and FDA investigator and laboratory
analyst education and training requirements with ongoing performance
evaluation; Noting that the organizations, FDA and MAF and MH, have
resources to carry out the compliance programs, policies and laboratory
support activities that are funded in New Zealand by government
appropriation and fee-for-service arrangements and funded in the United
States by government appropriation at the Federal and State level; Noting
that the United States FDA has carried out extensive comparative reviews
of the New Zealand control system and has verified the performance of
that system, and New Zealand has issued a finding of acceptability of the
United States FDA control system; Noting that New Zealand fish and
fishery products have met U.S. FDA standards in the past based on FDA
import inspections; Noting that this arrangement offers benefits for both
consumer protection and trade in that it is an effective and efficient tool
for enhancing the safety of imports while reducing the resources that need
to be expended to monitor imports from the countries involved. Have
reached an understanding that the NZ export controls enhance the
likelihood of compliance by NZ seafood with FDA's safety, quality, and
labeling requirements; that the FDA processor controls for seafood
enhance the likelihood of compliance by US seafood with NZ MH safety,
quality, and labeling requirements; and that the FDA, MAF and MH plan
to take this understanding into account in determining frequency of border
checks when fish and fishery products are offered for entry into their
respective countries.
 
I. Substance of Arrangement
 
 
A.   Definitions
 
1.   Fish means fresh or saltwater finfish, crustaceans, mollusks, and
     other forms of aquatic animal life (including, but not limited to,
     jellyfish, sea cucumber, sea urchin, frog, alligator, aquatic turtle),
     but excluding birds and mammals, where such animals are intended
     for human consumption.
2.   Fishery products means any edible human food product consisting
     in whole of fish or a product containing a portion of fish,
     including fish that has been processed in any manner, in which the
     characterizing ingredient is fish.
3.   Fresh means or implies that the food is unprocessed, that the food
     is in its raw state, and that it has not been frozen or subjected to
     any form of thermal processing or any other form of preservation.
4.   Fresh frozen means that the food was quickly frozen while still
     fresh.
5.   Participants means the United States Food and Drug Administration
     (FDA) and New Zealand's Ministry of Agriculture (MAF) and
     New Zealand Ministry of Health (MH).
6.   Transparency refers to the ability to have access to relevant
     information about regulatory and technical measures so that their
     meanings, applications, and requirements are clear. It can be
     accomplished through the mutual exchange of information and
     assistance between trading partners, whereby each provides the
     other with the texts of legal, regulatory (except in-process legal and
     regulatory actions), and technical measures, guidance documents,
     and other information that apply to the commodities subject to the
     arrangement.
7.   Wholesomeness means the food is not filthy, putrid, decomposed,
     or otherwise unfit for food.
 
B.   Scope
 
     This arrangement covers:
1.   Fish and fishery products intended for human consumption
     except fresh and fresh frozen (molluscan) shellfish.
2.   Food safety, wholesomeness, and labeling requirements for the fish
     and fishery products covered.
 
C.   General Principles
 
1.   The participants understand that each one of their country's
     systems to ensure safe, wholesome and properly labeled fish and
     fishery products enhances the likelihood that exported fish and
     fishery products will comply with the other country's safety,
     quality and labeling requirements. The participants intend to take
     this understanding into account in determining the frequency of
     border checks when fish and fishery products are offered for entry
     into their respective countries.
2.   The participants intend to exchange information to ensure
     transparency as described in Annex A.
3.   The participants intend to establish procedures for cooperation as
     described below.
 
  a.      The participants plan to meet regularly, at least every
          two years, to ensure that the basis for the arrangement
          continues to exist.
 
  b.      In cases of serious and immediate concern with respect
          to public health or safety, the participants intend to notify
          the designated Liaison Officers immediately, and written
          confirmation of the concerns to the Liaison Officers should
          follow within 48 hours.
 
  c.      Where a Participant has concerns regarding a potential
          risk to public health, consultations regarding the situation
          should, upon request of that Participant, take place as
          soon as possible, and in any case within 14 days, of such
          a request. Each Participant will endeavor in such situations
          to provide all the information necessary to reach a mutually
          acceptable solution.
4.   Nothing in this arrangement will in any way abrogate the
     responsibility or authority of the U.S. Food and Drug
     Administration    under section 801 of the Federal Food, Drug and
     Cosmetic Act to examine any food product being offered for entry
     into the United States or under any other law administered by
     FDA. Neither will it abrogate the responsibility or authority of the
     New Zealand Government Minister of Agriculture pursuant to The
     Meat Act 1981 or the Minister of Health pursuant to the Food Act
     1981.
5.   Nothing in this arrangement precludes either the U.S. FDA,
     MAF or MH of New Zealand from exercising responsibility to
     ensure the safety, wholesomeness, or properly labeled seafood
     and seafood products being allowed to enter that country's
     commercial marketing channels.
6.   All activities undertaken pursuant to this arrangement are to be
     conducted in accordance with the laws and regulations of the
     United States and of New Zealand and are subject to the
     availability of personnel, resources and appropriated funds.
 
D.   Specific Responsibilities
 
     1.   MAF intends to provide FDA with:
 
     a.   a list of premises licensed by MAF to process fish and
          fishery products for export. MAF intends to update this
          list as needed for the FDA Liaison, Office of Seafood.
 
     b.   a government health certificate for each consignment of
          fish and fishery products exported to the United States.
 
     c.   an annual summary showing results of compliance audits
          conducted by the MAF Compliance Group for fish and
          fishery products, to the attention of the FDA Liaison,
          Office of Seafood.
 
     d.   in the event that the U.S. establishes a mandatory U.S.
          seafood Hazard Analysis Critical Control Points (HACCP)
          program, N.Z. MAF intends to demonstrate to the FDA
          Liaison, Office of Seafood, how their system implements
          and ensures that fish and fishery products are produced
          under a HACCP-based program in compliance or equivalent
          with the U.S. seafood HACCP program.
     2.   FDA intends to provide MAF with:
 
     a.   a list of U.S. seafood processing firms found to require
          official U.S. Government regulatory action and further
          details upon request. FDA intends to update this list as
          needed.
 
     b.   an annual report of FDA Field Seafood Accomplishments.
 
     c.   in the event that the U.S. establishes a mandatory U.S.
          seafood HACCP program, a copy of the requirements of
          that program.
 
E.   Audits
 
     It is understood that each participant will strive to facilitate the
     other participant's reasonable access to any sites in the exporting
     country that are involved in the export of fish and fishery products
     for the purpose of auditing the exporting country's seafood
     regulatory system, of verifying that applicable elements of the
     arrangement are being met, and of carrying out checks on the
     continued compliance with the arrangement and system by
     producers and exporters of fish and fishery products to the
     importing country. The cost of on-site visits will be the
     responsibility of the visiting participant.
 
     Some factors to be considered in auditing both countries' seafood
     regulatory systems are presented in Annex A.
 
F.   Cooperation procedures
 
     The Participants undertake to resolve differences by:
     1.   Use of professional judgment as well as objective criteria,
          with attempts made to resolve differences by technical
          discussions at the appropriate level; and
     2.   Where issues remain unsolved after technical discussions
          as stipulated above, the participants intend to schedule
          discussions between the Director, Office of Seafood of the
          U.S. FDA and either the Chief Meat Veterinary Officer of
          the New Zealand Ministry of Agriculture, or the Manager
          of Food Administration, New Zealand Ministry of Health,
          or their designees. The nature of the issue will determine
          the competent New Zealand authority.
 
G.   Application
 
     1.   The Participants plan to maintain communications so that
          the terms of this arrangement are fulfilled.
     2.   The Participants intend to document communications and
          decisions. Those matters that need to be referred to a higher
          level will be identified and referred to that level.
     3.   Whenever specific issues requiring attention are identified,
          the participants intend to establish a timetable to resolve
          those issues.
 
II.  Participants
 
     a.   The U.S. Food and Drug Administration, 5600 Fishers
          Lane, Rockville, Maryland 20857, U.S.
     b.   Ministry of Agriculture, ASB Bank House, 101-103 The
          Terrace, P.O. Box 2526, Wellington, New Zealand;
          Ministry of Health, Food Administration, P.O Box 5013,
          133 Molesworth St., Wellington, New Zealand
 
III.   Liaison Officers
 
A.   New Zealand Ministry of Agriculture:
 
     The Ministry of Health, the body responsible for the safety of
     domestic and imported food products, defers to the Ministry of
     Agriculture to act as liaison officers with the U.S. FDA related to
     matters of U.S. fish and fishery products imported to New
     Zealand.
 
     Chief Meat Veterinary Officer, Ministry of Agriculture, ASB Bank
     House, 101-103 The Terrace, P.O. Box 2526, Wellington, New
     Zealand, Phone: 011-64-4-4744125, FAX: 011-64-4-4744240
 
     Counsellor (Veterinary Services), New Zealand Embassy, 37
     Observatory Circle N.W., Washington, DC 20008, United States
     of America, Phone: (202) 328-4861, FAX: (202) 332-4309
 
B.   United States Food and Drug Administration:
 
     Director, Office of Seafood, Center for Food Safety and Applied
     Nutrition, 200 C Street, S.W., Washington, DC 20204, United
     States of America, Phone: (202) 418-3133, FAX: (202) 418-3196
 
     Director, International Activities Staff, Center for Food Safety and
     Applied Nutrition, 200 C Street, S.W., Washington, DC 20204,
     United States of America, Phone: (202) 205-5042, FAX:
     (202)205-0165
 
IV.  Period of Arrangement
 
     Cooperation under this arrangement will begin on the last date of
     signature of the participants. After the first year the participants
     plan to evaluate the arrangement, thereafter, no less than once
     every five years. It may be amended by mutual written consent or
     terminated by either participant upon a 60 day written notice to the
     other participant.
 
     This Arrangement is not intended to create any legal obligations
     under international law. In Witness Whereof the undersigned, being
     duly authorized by their respective Government agencies, have
     signed this Cooperative Arrangement.
 
FOR THE FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
UNITED STATES OF AMERICA
William B. Schultz,
Title: Deputy Commissioner for Policy.
Date: December 20, 1995
Place: Rockville, Maryland
 
FOR THE MINISTRY OF AGRICULTURE
NEW ZEALAND-
L. J. Wood
Title: Ambassador of New Zealand
Date: December 20, 1995
Place: Rockville, Maryland
 
FOR THE MINISTRY OF HEALTH
NEW ZEALAND
L. J. Wood
Title: Ambassador of New Zealand
Date: December 20, 1995
Place: Rockville, Maryland
 
 
Annex A
 
I.   Performance Verification
 
     The United States FDA, and the New Zealand's MAF and MH,
     understand that the participants of the importing country can audit
     the exporting country's seafood control system to verify that the
     terms of the arrangement are being met. These system checks may
     take place upon request of the participants of the importing
     country. The costs of system check visits are the responsibility of
     the visiting participant.
 
     Verification may take the form of:
 
     ongoing exchange of information toward continuing transparency;
 
     reviewing the competent authorities' compliance/audit programs;
 
     verifying the efficacy of the total program in meeting the
     requirements of the importing country;
 
     checks of products on importation at an appropriate frequency;
 
     program checks.
 
 
 
II.  Information Exchange/Transparency
 
A.   Participants intend to cooperate and exchange information in
     scientific areas.
 
B.   The participants intend to put in place a system for the uniform and
     systematic exchange of information, so as to provide assurance and
     engender confidence in each other and to demonstrate the efficacy
     of the programs controlled.
 
C.   In particular the liaison officials intend to provide each other copies
     of:
 
     1.   Proposed changes in requirements developed by each side
          where they affect the other party before they become
          effective.
 
     2.   Changes in requirements including:
 
          a.   legislation
 
          b.   rules
 
          c.   enforcement policy documents
 
          d.   guidelines
 
          e.   methods and procedures for sampling and analysis
 
          f.   inspection procedures
 
          g.   notice of surveillance programs or assignments
               requiring sampling at importation of a fish or fishery
               product (i.e., for data base development)
 
     3.   Documentation regarding any fish or fishery products from
          the other country found to be in non-compliance with
          requirements upon importation including information on:
 
          a.   product name
 
          b.   manufacturer/shipper name
 
          c.   processor name
 
          d.   reason for detention
 
          e.   product lot and certificate number (if applicable)
 
          f.   sampling procedures
 
          g.   methods of analysis and confirmation
 
          h.   port of entry
 
     4.   Documents regarding any fish or fishery product found to
          be in non-compliance by the exporting country after
          exportation to the other (e.g., recalls):
 
          a.   product
 
          b.   manufacturer/shipper name
 
          c.   processor name
 
          d.   reason for recall
 
          e.   product lot and certificate number (if applicable)
 
          f.   consignee(s)
 
          g.   dates
 
          h.   amount shipped
 
 
[FR Doc. 96-4187 Filed 2-23-96; 8:45 am]
BILLING CODE 4160-01-F
 
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The Contents entry for this article reads as follows:
 
Grants and cooperative agreements; availability, etc.:
New Zealand; systems to ensure safe, wholesome, and truthfully labeled
fish and fishery products, 7112
 

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