1. PROCESS FOR EVALUATING THE EQUIVALENCE OF FOREIGN MEAT AND POULTRY FOOD REGULATORY SYSTEMS International Policy Division Food Safety and Inspection Service U.S. Department of Agriculture Washington, DC

2. Introduction
This presentation explains the evaluation process FSIS applies to make equivalence judgements
Meat and poultry exported to the U.S. must meet all FSIS requirements 1

3. Introduction
Process implements regulations that require the evaluation of foreign inspection systems
Agency regulations set forth specific evaluation criteria for making equivalence judgements 2

4. Introduction
Under international law exporting countries may employ measures that differ from those used by importing countries
Exporting countries can employ either the same or equivalent sanitary measures to obtain the same level of protection established by the importing country 3

5. Background
Food safety equivalence judgements are based on the provisions of the SPS Agreement
U.S. bound as a signatory 4

6. Background Article 4.1 of the SPS Agreement:
Members shall accept the sanitary…measures of other Members as equivalent, even if these measures differ from their own or from those used by other Members trading in the same product, if the exporting Member objectively demonstrates to the importing Member that its measures achieve the importing Member’s appropriate level of sanitary…protection 5

7. Background Exporting country has the burden to demonstrate equivalence
Importing country has the right to decide if a foreign inspection system is:
Equivalent
Inadequate to achieve its appropriate level of protection
Unable to adequately demonstrate equivalence 6

8. Background U.S. Laws and Regulation
FSIS regulations amended to reflect “equivalent to” as the standard for eligibility
Criteria for evaluating foreign systems are set forth in the regulations
Each criterion constitutes a sanitary measure as defined in the SPS Agreement 7

9. Concepts of Equivalence
Sanitary Measures
Sanitary measures must be based on scientific principles and applied in a non-arbitrary non-discriminatory manner
Sanitary measures must be based on an assessment of the risk from a food safety hazard 8

10. Concepts of Equivalence
Appropriate Level of Protection
Importing country may set any level of protection it deems appropriate 9

11. FSIS Equivalence Process
Introduction
Series of cooperative steps between importing and exporting countries regarding equivalence determinations:
Importing country provides notice of a particular sanitary measure
Exporting country requests an explanation of the appropriate level of protection 10

12. FSIS Equivalence Process
Introduction
Importing country provides an explanation by stating the FSO
Exporting country develops a case for equivalence
Importing country evaluates and:
finds that the difference sanitary measure is equivalent
requests more information
rejects the equivalence of the different sanitary measure 11

13. FSIS Equivalence Process
Initial System Eligibility
Foreign inspection systems must be equivalent before they can export
The initial evaluation includes a document review and on-site review
After a country is determined to be equivalent it certifies establishments that meet U.S. requirements 12

14. 13

15. FSIS Equivalence Process
Three-part Process
1. Document Analysis
Fundamental laws, regulations, policies
Food production requirements
Regulatory oversight, verification and enforcement requirements 14

16. FSIS Equivalence Process
Three-part Process
2. System Audits
Annual
Evaluate foreign inspection system
Determine that sanitary measures provide the same level of protection
Focus on process control and government oversight
Audit plan developed 15

17. FSIS Equivalence Process
2. System Audits
Auditor examines records, foreign oversight of establishments, laboratories
Post audit evaluation: advise country of equivalence issue, track issues
Prepare audit report 16

18. FSIS Equivalence Process
Three-part Process
3. Port-of-entry Reinspection
Reinspection of random samples
Automated centralized computer database
Performance based
Compliance histories continuously updated
All shipments checked for damage,labeling, certification and general condition 17