Download Powers to suspend marketing of Animal Feed

Annex
Powers to Suspend Marketing of Animal Feed and Food Animals
Areas of concern
Empowering
legislation
Reason for
suspension of supply
of animal feed
Our proposals
Proposed Agricultural and Veterinary
Chemicals Residues Regulation
Feed for food animals and other
animals may contain:
(a) prohibited chemicals; or
(b) chemicals at a level that may
endanger animal or human
health; or
(c) the description of drugs and
chemicals on the packaging is
incorrect.
Evidence required
for suspension
Laboratory data or other information
Suspension by
whom
Director of Agriculture Fisheries and
Conservation initially, then by
magistrate’s order
14 days initially, then until
investigation completed
Maximum duration
of suspension
Power to recall
produce already in
market
Yes
Powers relating to
withholding of food
animals from
markets
Director may order a period of
temporary suspension not exceeding
14 days. After that he/she has to apply
to a magistrate.
Mainland
Singapore
Veterinary Drug Management Regulation (獸
藥管理條例) including control over feed
additives
Food Hygiene Law (食品衞生法)
Unregistered products
Feeding Stuffs Act
Not accompanied by a valid veterinary drug
import permit (進口獸藥許可証) or fails
inspection
Port veterinary drug authority (口岸獸藥監察
所) under Ministry of Agriculture (農業部)
Not stated, presumably evidence supporting the
suspicion.
No maximum stated
No maximum stated
Port veterinary drug authority (口岸獸藥監察
所) and provincial livestock veterinary
management authorities (省畜牧獸醫行政管
理部門) to seal and deal with the additives
concerned. Health authorities (衞生部門) have
the power to prohibit production and to recall
and destroy the contaminated food in
accordance with Food Hygiene Law (食品衞生
法)
By revoking/canceling the licence to sell.
Suspicion of contamination
Director, Agri-food and Veterinary Authority
By withholding import permits issued under the
Wholesome Meat and Fish Act on suspicion of
contamination.
Areas of concern
Switzerland
Canada
Australia (Victoria)
Empowering
legislation
Federal Food Law (Article 33)
Feed Act,
Feed Regulation,
Health of Animals Act
Agricultural and Veterinary Chemicals (Control
of Use) Ordinance
Reason for
suspension
Products pose a risk to human health and there
are no other means to exclude the risk.
If considered necessary to prevent import of
toxic substance or to protect public safety.
Is in the public interest to do so, having regard
to the harm that may be caused:
(a) to any person or animal; or
(b) to the environment; or
(c) to trade with any other country.
Evidence required
for suspension
Not explicitly stated, presumably evidence
supporting the presence of a risk
Not explicitly stated, but presumably evidence
suggesting toxicity.
Not explicitly stated, but presumably evidence
supporting the reasons above.
Suspension by
whom
Federal Department of Interior
Minister for Agriculture
Governor in Council on advice from Minister
for Agriculture by order published in the
gazette.
Maximum duration
of suspension
No maximum stated
No maximum stated
Until order lifted. No maximum stated.
Power to recall
produce already in
market
Not stated
Minister may take all reasonable measures to
protect public safety.
Yes
Powers relating to
withholding of food
animals from
markets.
The Federal Food Law can also be applied to
contaminated food animals.
Minister may make regulations prohibiting the
importation of any animal or other thing into
Canada, for such period as the Minister
considers necessary for the purpose of
preventing a toxic substance from being
introduced into or spread within Canada.
The Governor in Council may, by order,
regulate the identification, treatment, transport,
sale or handling of contaminated stock. A
contaminated animal is one in which a
contaminant is present in excess of the
maximum residue limit or at a level likely to
result in produce derived from the animal not
complying with the Food Act.
Areas of concern
United States
European Union
Empowering
legislation
Federal Food, Drug and Cosmetic Act
Council Directives 95/53/EC and 1999/29/EC
(including proposed amendments)
Reason for
suspension
Past history and/or other information indicating the product may be violative.
Where a product used in animal nutrition that is
likely to pose a serious risk to human or animal
health or to the environment appears or spreads
in the EU.
Evidence required
for suspension
A product may be detained until the importer proves that the product meets FDA
guidelines or standards.
On notification by any person involved in the
feed trade with knowledge of contamination of
feedstuff, via a mandatory reporting system.
Suspension by
whom
Food and Drug Administration (FDA)
Commission (after consultation with Member
States, except in emergencies).
Member States may adopt temporary protective
measures if Commission does not.
Maximum duration
of suspension
Until proven safe
Within 30 days any Member State may refer the
decision to the Council.
Any temporary decision by Member States
must be reviewed within 10 working days by
the Commission’s Standing Committee for
Feedstuffs.
Power to recall
produce already in
market
Yes, the FDA can remove unsafe or violative products from consumer channels
Yes
Powers relating to
withholding of food
animals from
markets.
The President may suspend the import of any article for such period as he thinks
necessary.
The importation of animals, except to quarantine stations, is prohibited.
No person may sell any adulterated animal or animal carcass/product until it has been
inspected and passed.
Applies to livestock fed with any hazardous
feed.