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Business As Usual

How to enter the US, EU markets

- Rose G. De La Cruz -
Less than 2% of food entering the United States actually get into the market. Most imports are either detained for a certain period; denied entry (and must be exported to any country willing to accept them or shipped back to the country of origin); or must go through reconditioning or "fixing" by cooking.

"Nearly half of goods rejected in the United States are due to improper documentation and the rest have to do with non-conformance with standards on detailed labeling and residue levels of chemicals, pesticides, and other toxic substances," said John Tisler, a consultant of the US Food Regulatory Assistance of the US Food and Drug Administration, who spoke to would-be exporters at the First International Food Exhibition conducted by the Center for International Trade Expositions and Missions.

For example, fruit jams entering the American market must have at least 45% natural fruit content while peanut butter must have 90% content.

Labeling is more tedious. The packaging of a juice product, for example, must include details such as whether it is a ready to use drink, a beverage, or cocktail.

Under the Bio-terrorism Act of 2002, labels must also contain the following: : the identity of food; amount of food in the package; ingredients statement; name and place of business; principal display panel; information panel; and nutrition information. The law, likewise, requires the registration of domestic and foreign food facilities because the importer, distribution, shipper, and production company are potential sources of problems.

All processed juices must further use hazard analysis on critical control points or HACCP principles in their production cycle.

"Since it is impossible to keep filth out of a product, the law provides for a food defect action level or the level at which USFDA can take action against a product or shipment," said Tisler.

Before entering the US, for example, fresh Philippine mango must be first fumigated to prevent the entry of pests into the country.
Detention
The USDFA automatically detains goods, based on the following sampling and testing factors:

• when epidemiological studies shows the product to be hazardous;

• when there has been a pattern established for a given food from a particular country or region of origin for at least 12 shipments;

• if at least 25% of the shipment has been examined and found to be in such condition;

• the product or shipment has been published in an import alert.

"To get out of the automatic detention list, the producer of such food item must show that the violation will not continue to occur in at least five consecutive shipments after which the importer must request a removal of the automatic detention label for which FDA will take action," said Tisler.
EU Market
Exporting foodstuff to the European Union also requires research. The EU market has three categories for food imports: products of animal original; products of plant origin; and other foodstuffs. Under animal original are fresh meat, meat-based products, poultry, fish and fisheries products, dairy products, live bivalves mollusks, and game meat.

"The Philippines is an accredited country exporter of fishery and aquatic products except bivalve mollusks and has officially applied for country accreditation for fresh meat, meat products, poultry, and dairy products," said John Paul Inigo, commercial attaché of the Philippine Trade and Investment Center in Brussels, Belgium

The EU accredits exporters on these criteria:

• the recognition of equivalence of the relevant competent authority of the third country to national authorities of the 25 member-states;

• a health status of the exporting country as regards to animal diseases which are transmissible through meat or animal products; and

• the submission by the country concerned of an annual monitoring plan for the products concerned.

"The EU is taking extra caution in allowing animal-based imports because of bouts with mad cow and bird flu in recent years. But since the Philippines has been spared from both deadly diseases, the disapproval rate on Philippine meat imports has been rather low,"said Inigo. "On aquaculture products, the EU has been particularly alert on residual levels of antibiotics in fish. Imports are subjected to random check for compliance on the documentary requirement, identity, and physical inspection. On the basis of EU’s rapid alert system for food and feeds or RASFF, goods are subjected to random, systematic, or compulsory inspections.’

Philippine exports of non-animal origin foods to EU are basically exempt from the animal residue monitoring plan and do not go through compulsory inspection at EU’s 300 border inspection posts. Pesticides residue levels are randomly monitored in the market and, in case of non-compliance, the product is withdrawn form the market by the European Commission.

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ANIMAL

COUNTRY

DRUG ADMINISTRATION

EUROPEAN COMMISSION

EUROPEAN UNION

FIRST INTERNATIONAL FOOD EXHIBITION

FOOD

FOOD REGULATORY ASSISTANCE

PRODUCTS

UNITED STATES

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