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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.