The United States was pleased with the outcome of the 16th Session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS). This Session of CCFICS:

• Completed work on the Appendix to the Codex Guidelines on the Judgement of Equivalence of Sanitary Measures Associated with Food Inspection and Certification Systems (CAC/GL 53-2003) and recommended its adoption by the Codex Alimentarius Commission at Steps 5/8 of the Accelerated Procedure.
• Agreed to new work on the development of Guidelines for the Conduct of Foreign Audit Team Inspections.
• Agreed to undertake new work on the development of a Generic Template for Health Certificates.
• Agreed to a proposal from the United States to develop a Discussion Paper on intentional contamination of food.

The Committee also agreed to continue discussion on development of guidance relating to traceability/product tracing and on guidance relating to national food inspection programs, recognizing that further clarification was needed on both subjects before a decision could be made on whether or not to pursue work on these two areas.

The 16th Session of CCFICS was attended by 172 participants representing 62 Member countries, one Member organization (the European Community (EC)), five international intergovernmental and non-governmental organizations. The United States was represented by: the Delegate, Dr. Catherine Carnevale, FDA; the Alternate Delegate, Ms. Mary Stanley, USDA FSIS; 5 government advisors and 2 non-government advisors.

A complete summary of the results of the 16th Session of CCFICS is given below. The full report of the Session can be found in ALINORM 08/31/30 on the Codex Web site, www.codexalimentarius.net.

MEETING SUMMARY

Proposed Draft Appendix to the Codex Guidelines on the Judgment of Equivalence of Sanitary Measures Associated With Food Inspection and Certification Systems (CAC/GL 53-2003)

At the 12th Session of CCFICS, the Committee agreed to develop an implementing appendix to the Guidelines, providing more detail to countries on such areas as: scoping an equivalence agreement; using the knowledge, experience and confidence an importing country has with an exporting country in carrying out an equivalence determination; the use of on-site visits; the process of judging equivalence; and the providing of technical assistance. The development of the Annex was led by the United States. Over the past several sessions, substantial work has occurred in developing the Appendix, including the use of three physical working groups. Key issues in the development of the Appendix included: whether the guidance applies to single measures or to systems; the application of knowledge, experience and confidence; preparatory steps preceding an equivalence determination; and, the use of an Objective Basis of Comparison. Obtaining an understanding of these and other complex issues has taken extensive effort by the CCFICS.

At the 16th Session, the Committee carried out an extensive paragraph-by-paragraph consideration of the document, making technical and editorial revisions.

The Committee considered the issue of the use of knowledge, experience and confidence at some length. Some countries felt that this section might be utilized by importing countries as a list of obligations to be placed on exporting countries, rather than its original intention as an informative section to be used to provide guidance on those factors which form the basis of knowledge, experience and confidence. The Committee agreed that the section was informative in nature only and did not present obligations.

The Committee discussed a proposal from the EC to add a section on the maintenance of equivalence agreements. While the Committee agreed that such a section would be useful, it also agreed that it would be very difficult to reach consensus on appropriate language at this Session and decided not to include the section at this time but that it could be added through appropriate amendments at a later date.

The Committee also considered the appropriateness of adding a definition of an Objective Basis of Comparison (OBC) but agreed that the parent document contained what essentially was definition and that a specific definition for OBC in the Appendix was not needed.

The Committee discussed the subject of discontinuing an equivalence determination, specifically the point at which the process could be stopped. CCFICS agreed on language that states "throughout the process of judgement and at the earliest opportunity the importing country should consult with the exporting country if preliminary assessment indicates that the application [for equivalence] is likely to be unsuccessful."

CCFICS concluded its work on the Appendix and recommended its adoption by the CAC at Steps 5/8 of the Accelerated Procedure.

Discussion Paper on the Development of Guidelines for the Conduct of Foreign Audits

At the 2006 (15th) Session of CCFICS, Australia proposed that CCFICS consider the development of Guidelines for the Conduct of Foreign Audits. The Committee agreed to have Australia prepare a Discussion Paper on subject.

The Committee had a general discussion on the proposal and expressed unanimous support for undertaking the new work on the subject. The Codex Project Document for the new work indicates that the main aspect will be the development of principles and guidelines for the conduct of foreign on-site audits and inspections with reference to existing Codex texts and other international standards.

Delegations noted several points regarding the development of the draft Paper including:

• The need to explain a system-based approach;
• The need to develop definitions for terms used in foreign on-site audits and inspections, for example, "on-site visit", "on-site verification", and "access";
• The need to differentiate the terms "inspection", "assessment" and "audit";
• The need to avoid countries being subject to consecutive multiple and identical audits and inspections;
• The need to consider the use of on-site audits and inspection reports;
• The need to consider costs of auditing and to minimize the number of visits.

The Committee agreed to recommend new work on the subject and submitted a Project Document to the CAC with a recommendation to approve the new work. The Committee also agreed to establish a physical working group to develop a draft document for consideration by the next Session of CCFICS.

Discussion Paper on the Development of a Generic Template for Health Certificates

The EC presented a proposal for the development of a generic template (model format) for a health certificate as a follow-up the revision of the Codex Guidelines for the Design, Production, Issuance and Use of Generic Official Certificates.

The proposed Project Document stated that the work would focus on data elements and their spatial layout in a paper certificate with explanatory notes to clarify detail on information for each field.

Many delegations supported the proposal noting the importance of having a harmonized certificate to reduce the number of certificates and to avoid different interpretations.

It was also noted that the work will need to take into account: 1) completed and ongoing work undertaken on food export certificates by other international organizations including the United Nations Centre for Trade Facilitation and Electronic Business (UN/CEFACT); and, 2) work carried out by Codex commodity committees, particularly the Codex Committee on Fish and Fishery Products and Codex Committee on Milk and Milk Products. The Committee also noted that the work will need to be done in cooperation with the World Customs Organization (WCO) and the OIE.

The Committee agreed to recommend new work on the subject and submitted a Project Document to the CAC with a recommendation to approve the new work. The Committee also agreed to establish a physical working group to develop a draft model certificate for consideration by the next Session of CCFICS.

Discussion Paper on the Need for Guidance for National Food Inspection Systems

Australia, at the 2006 (15th) Session of CCFICS, brought forward the possibility of CCFICS broadening its area of work to include national food inspection systems and suggested that CCFICS may wish to develop guidance in this area. The Committee agreed to have Australia prepare a Discussion Paper on the subject, including whether there was a need to add to the Committee's Terms of Reference to undertake work in this area should it desire to do so.

The Committee expressed mixed views on CCFICS developing guidance for national food inspection systems.

Several delegations felt that existing CCFICS-prepared texts on food import/export inspection and certification systems contained sufficient guidance that applied equally to national control systems and that broader use of these texts should be encouraged before developing new work. Some countries also mentioned that guidance presented in other Codex texts such as those relating to food hygiene were applicable to national food control systems and it was unclear as to whether additional guidance was needed. The importance of avoiding duplication was noted. Additionally some countries questioned whether, if such work were to be undertaken, CCFICS was the proper venue as opposed, for example, to the Codex Committee on General Principles.

Other delegations strongly supported work in this area noting that national control systems, together with the import and export systems, were parts of the overall food control system. They noted that, in many countries, Codex standards were used as the basis for national food legislation and often products initially intended for the domestic markets were exported and that the safety of exported foods was thus directly linked to the national food control system of exporting countries. These delegations were of the opinion that guidance was needed on how to combine national application of Codex standards and related texts into a system.

The Committee also discussed whether a change to CCFICS's Terms of Reference was needed in order to undertake work on the subject of national food inspection systems. Most delegations felt that the current Terms of Reference were sufficiently broad and no change was needed. The United States, while agreeing to this, also noted it could support an additional Term of Reference relating to work on national food inspection systems indicating the advantage of having specific authorization to engage in such work.

The Committee agreed that while there was general support for new work in the area, there was not enough consensus to commence work at this time. The Committee agreed to establish an electronic working group led by Australia to revise the Paper and specifically to: clarify the scope of the work; identify gaps in existing CCFICS-prepared texts and how to link these texts together; and, to justify why the work should be done by CCFICS.

No decision was taken at this time regarding the need for changes to the CCFICS Terms of Reference.

Discussion Paper on the Need for Further Guidance on Traceability/Product Tracing

At the 2006 (15th) Session of CCFICS, Norway suggested that it would be appropriate, following completion of CCFICS work on Principles for Traceability/Product Tracing within a Food Inspection and Certification System (adopted by the CAC in 2005), to develop guidance on the subject. The Committee agreed to have Norway develop a Discussion Paper on the subject.

The Committee recognized the importance of traceability/product tracing and most Delegations supported the development of guidance on the subject. However, many delegations felt that starting new work now would be premature and that work should await countries obtaining further experience in implementing the Principles document. Delegations also noted that the Discussion Paper was not sufficiently detailed as to the nature of the proposed guidance.

The Committee agreed to continue discussion on the subject at its next Session and to establish an electronic Working Group led by Norway to prepare a revised Discussion Paper. The Paper should: take into accounts all discussion and written comments; describe the present gaps in the implementation of traceability/product tracing; identify the key elements of the guidelines that would address these gaps; and, consider the technical and economic feasibility of countries to implement traceability/product tracing.

Other Items

Consistency of the Draft Model Export Certificate for Milk and Milk Products and the Draft Certificate for the Conformity of Fresh of Fruits and Vegetables with the Codex Guidelines for the Design, Production, Issuance and Use of Generic Official Certificates
The Committee reviewed both of the above noted certificates with the respect to the provision of the Codex Guidelines for the Design, Production, Issuance and Use of Generic Official Certificates. The Committee generally concurred with the elements of both certificates and provided comments back on each of them to the appropriate Codex committee.

Discussion Paper on the Need to Revise CAC/GL 20-1995 (Principles for Food Import and Export Inspection and Certification) and CAC/GL 26-1997 (Guidelines for the Design, Operation, Assessment and Accreditation of Food Import and Export Inspection and Certification Systems)
New Zealand, at the 2006 (15th) Session of CCFICS, proposed to revise both of the above noted texts. At the 16th Session, New Zealand, while reaffirming the need to revise these documents, noted that CCFICS was considering a number of new work proposals that could impact on the revision of these texts and recommended to defer consideration of their proposal to a later time. The Committee agreed to this proposal.

Intentional Contamination of Food
The United States, noting that intentional contamination of food, which is related to but distinct from traditional food safety, had a greater potential to result in market disruption, suggested that it might be beneficial for CCFICS to consider the developing guidance on this subject with respect to food control systems, including the area of vulnerability assessments. The U.S. noted that, although some Codex texts provided elements of guidance that could be applied when assessing intentional contamination, no Codex text provided comprehensive guidance in this regard.

Several delegations recognized that intentional contamination of food was an important subject for discussion.. Concern was expressed, however, as to whether CCFICS was the appropriate venue to develop such guidance since, with respect to Codex, the control of intentional contamination fell within multiple committees.

The Committee supported continuing discussion on the subject and agreed to the proposal of the United States to develop a discussion paper on the subject of intentional contamination of food for consideration by the Committee at its next Session. The Paper would address the following points: 1) the nature of intentional contamination of food; 2) the nature and extent of guidance that has been developed by governments, industry and international organizations; 3) an analysis of Codex texts, especially those related to intentional contamination to identify gaps; and, 4) an assessment of specific work that CCFICS might develop in this area, including an analysis of why CCFICS would be the appropriate venue for such work.

Next Session of CCFICS
The 17th session of CCFICS is tentatively scheduled for Nov 24-28, 2008 at a location to be determined.