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New Agreement Will Enhance the Safety of Food and Feed Imported From the People’s Republic of China

FOR IMMEDIATE RELEASE
Tuesday, Dec. 11, 2007

Contact: HHS Press Office
(202) 690-6343

On December 11, 2007, the U.S. Department of Health and Human Services (HHS) and the General Administration of Quality Supervision, Inspection, and Quarantine (AQSIQ) of the People’s Republic of China signed a Memorandum of Agreement (MOA) to enhance the safety of food and feed imported into the United States from China.  HHS Secretary Mike Leavitt and the Honorable Li Changjiang, Minister of AQSIQ, signed the Agreement in Beijing in advance of the third session under the United States-China Strategic Economic Dialogue.  

Specifically, the two countries are establishing a bilateral mechanism to provide greater information to ensure products imported into the United States from China meet standards for quality and safety.  Implementation of the agreement will begin with a determined list of products, such as preserved foods (e.g. canned mushrooms, olives, various vegetables), pet food/pet treats of plant origin or animal origin, raw materials used in making manufactured foods (e.g. wheat gluten and rice protein used in canned and dry pet food for dogs and cats), and farm-raised fish (e.g. shrimp and catfish).  The two sides can add additional products by mutual agreement.

Key Terms of Agreement 

New Registration and Certification Requirements.  To enhance the safety of products sold in the U.S., Chinese authorities will implement two programs, both subject to an audit by the Food and Drug Administration (FDA) within HHS.  The first will require exporters to the United States to register with AQSIQ and agree to annual inspections to ensure their goods meet U.S. standards.  AQSIQ will notify HHS/FDA of those that fail inspection, and why.  HHS/FDA will maintain an online list of registered companies.  AQSIQ will also notify HHS/FDA of all companies AQSIQ suspended or that have lost their registered status.  To better contain and resolve safety problems, AQSIQ will implement a system to trace products from the source of production or manufacture to the point of exportation.

Second, new certification requirements will help ensure products exported from China to the United States meet our standards.  Once AQSIQ’s Inspection Bureau confirms a shipment meets HHS/FDA requirements, it will issue a certificate that carries a unique identifying number, which AQSIQ must also file with HHS/FDA.  To avoid counterfeit certificates, technical experts from both countries will work together to implement a secure electronic system.  AQSIQ will also develop a testing program that provides, as determined by HHS/FDA, a high level of statistical confidence in the quality of products exported to the United States.

HHS/FDA will explore mechanisms to notify AQSIQ when shipments of products exported to the United States are not certified, or come from a company not registered with AQSIQ.

Greater Information-Sharing.  Each party commits to notify the other within 48 hours of the emergence of significant risks to public health related to product safety, recalls, and other situations.  In the past, there was no system of notification.  HHS/FDA can request a timely investigation regarding any covered product if there is reason to believe it could pose a health or safety risk.

Increased Access to Production Facilities. AQSIQ will assist and facilitate the inspection of manufacturing, cultivation, or processing sites in China by HHS/FDA.  The two countries will develop joint training programs and activities, including in laboratory and risk-assessment methodologies and compliance and enforcement programs.

Implementation and Establishing Key Benchmarks.  HHS/FDA and AQSIQ will create a Working Group to meet within 60 days to develop a plan that further details specific activities each will undertake to implement the agreement, and to establish performance measures to evaluate progress.  To do so, HHS/FDA could rely on benchmarks such as the rate at which HHS/FDA refuses entry of covered products into the United States; the percentage of items exported to the United States that are uncertified or exported by companies not registered with Chinese authorities; and the volume, frequency and public-health significance of products recalled, including counterfeit goods, as compared to the previous year. The Working Group will meet annually. 

Background

In July, President Bush appointed Secretary Leavitt to chair a Cabinet-level Working Group on Import Safety, made up of twelve Federal Departments and agencies.  Members of the Working Group visited ports, border crossings, supermarkets, retailers, meat and seafood processing facilities, and wholesalers across the United States to gain a better understanding of the vast import process.  Secretary Leavitt also met with his counterparts from G-7 nations, Mexico, and the European Commission to discuss common import-safety challenges.  On Nov. 6, 2007, the Working Group presented an Action Plan to the President made up of short- and long-term recommendations to bolster the safety of the increasing volume of imports that are entering the United States.  

The MOA complements the vision and goals outlined in the Action Plan, and will serve to build on efforts already underway by the U.S. Government to enhance the safety of imported products.

During the second session of the United States-China Strategic Economic Dialogue in May 2007, HHS/FDA and SFDA launched negotiations on a binding MOA on the safety of food and feed exported from China to the United States.  The negotiations resulted from a growing concern over ensuring the safety, quality, and effectiveness of many Chinese products exported to the United States.

Over the course of four sets of talks from July to November 2007, senior officials from HHS/FDA engaged in negotiations with senior officials from a number of agencies in the Chinese government.  The negotiations began with a vision to increase cooperation and information-sharing between the U.S. and Chinese Governments on the safety of exported food and feed, and, at the request of the Chinese, to enhance the technical capacity of China’s regulatory agencies to help ensure Chinese exports to the United States meet U.S. safety standards.  

Secretary Leavitt also signed a Memorandum of Agreement to enhance the safety of Chinese drugs and medical devices exported to the United States.

Food and Feed Agreement>>