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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on January 29, 2014 Entered into force on February 27, 2014
 
The Taipei Economic and Cultural Office in Canada (TECO) and the
Canadian Trade Office in Taipei (CTOT), hereinafter referred to
as the “ Participants ”,

Stipulating to the health requirements related to Bovine
Spongiform Encephalopathy (BSE) to be applied to beef imported
from Canada into the territory represented by TECO,

Recognizing that the animal quarantine and sanitary requirements
enacted by the authorities represented by TECO should continue
to be implemented;

Have reached the following Arrangement:

1. Carrying Out of this Arrangement

The Participants understand that this Arrangement will be
supported by the following agencies:

(i) for TECO, the Food and Drug Administration (FDA), the
Ministry of Health and Welfare (MOHW) in Taiwan;

(ii) for CTOT, the Canadian Food Inspection Agency (CFIA),
Health Canada (HC), and Agriculture and Agri-Food Canada
(AAFC), in Canada.

2. Definitions

For the purpose of this Arrangement:

“Beef” means fresh or frozen beef and edible beef products
derived from cattle less than 30 months of age, and beef
products derived therefrom based on Taiwan’s Import
Regulation Code 113, as may be amended from time to time.
Specified risk materials (SRMs), internal organs, ground beef
and any other unapproved beef and beef products are excluded
unless mentioned in Taiwan’s Import Regulation Code 113.

“Cattle” means domesticated bovine animals (Bos taurus and
Bos indicus);

“Code” means the World Organization for Animal Health (OIE)
, Terrestrial Animal Health Code 2013, and any amendments
thereafter;

“Cohorts of BSE cases” means all cattle, which, during
their first year of life, were reared with the BSE cases
during their first year of life, and which investigation
showed consumed the same potentially contaminated feed during
that period, or if the results of the investigation are
inconclusive, all cattle born in the same herd as, and within
12 months of the birth of, the BSE cases;

“Food-safety hazard” means any biological, chemical, or
physical property that may cause food to be unfit for human
consumption;

“Lot” means a quantity of the same beef product identified
on a single export certificate from one meat establishment;

“Meat establishment” means any place in which animals are
slaughtered or meat products are prepared, packaged, labeled
or stored that is registered in accordance with the
applicable Canadian legislation, including but not limited to
the Meat Inspection Act and Regulations, as amended from time
to time;

“Non-compliance” means an inconsistency with this
Arrangement such as but not limited to, mis-labeling or
mis-packaging, that does not constitute a food-safety hazard;

“Serious non-compliance” means a food-safety hazard in a
shipped product or a food-safety hazard found during an
audit;

“Specified risk materials (SRMs)”means:

(i) The distal ileum and the tonsils from cattle of all ages,
and

(ii) The brain, skull, eyes, trigeminal ganglia, spinal cord,
vertebral column (excluding the vertebrae of the tail, the
transverse processes of the thoracic and lumbar vertebrae,
and the wings of the sacrum), and dorsal root ganglia from
cattle 30 months of age and older.

3. General Requirements

(i) CTOT will provide notice to TECO regarding the repeal or
amendment of any BSE-related measures as notifiable to the
World Trade Organization (WTO) or OIE, and any change in the
OIE ’ s BSE categorization of Canada.

(ii) In the event that an additional case of BSE occurs in
Canada, CTOT will immediately inform TECO of the case and
provide all relevant information for FDA to consider and
take proper actions, if necessary. CFIA will also
immediately initiate an epidemiological investigation
consistent with the recommended guidelines of the Code.
CTOT will provide notice to TECO of the results of the
investigation. Importation of beef from Canada will be
suspended if the additional case results in the OIE
recognizing an adverse change in the classification of the
BSE status of Canada.

(iii) All beef imports will be subject to on-site, border, and
market inspection pursuant to Taiwan ’ s Procedures
Governing the Inspection and Verification of the Imports
of Beef and Beef Products and other applicable
legislation, regulations, administrative rules, procedures
and other measures, as amended from time to time.

4. Requirements for Meat Establishments

The Participants understand that:

(i) Any meat establishment that is registered in accordance with
the applicable Canadian legislation, including but not
limited to the Meat Inspection Act and Regulations, will be
eligible to produce beef for exportation to Taiwan. CTOT
will provide TECO with a list of such meat establishments in
advance of the export.

(ii) CFIA will maintain a regular monitoring and auditing
program for meat establishments registered in accordance
with the applicable Canadian legislation, including but not
limited to the Meat Inspection Act and Regulations, and
will verify that they comply with the import requirements
of Taiwan. In the event of a serious non-compliance, CFIA
will immediately control the serious non-compliant product
in the meat establishment. If the process that resulted in
the serious non-compliant product is ongoing, CFIA will
immediately withhold certification of additional product
for export to Taiwan until it determines that appropriate
corrective and preventative measures have been taken. Only
when CFIA determines that corrective actions are adequate
will CFIA resume certification of product for export to
Taiwan. CTOT will inform TECO if an establishment is not
eligible to produce product for export to Taiwan and what
corrective and preventative actions have been taken.
(iii) FDA, together with the Bureau of Animal and Plant Health
Inspection and Quarantine (BAPHIQ), may dispatch an
inspection team to conduct on-site audits of a
representative sample of the meat establishments that
export beef to Taiwan, after prior notice to CTOT and at a
mutually acceptable time. When a serious non-compliance
has been found as a result of the on-site audit, CFIA,
upon being informed of the findings, and concurring them,
will follow the process provided by sub-paragraph 4 (ii).
(iv) CFIA will verify and determine that a meat establishment
that has been ruled ineligible to produce product for
export to Taiwan attributable to circumstances described in
sub-paragraph (iii) above has implemented appropriate
corrective and preventative measures before resuming
certification of product for export to Taiwan. CTOT will
inform TECO of the corrective and preventative action the
meat establishment has taken and upon FDA ’ s approval,
notify FDA of the date CFIA resumes certifying beef from
that establishment for export to Taiwan.

5. Requirements for Beef

The Participants understand that:

(i) Only beef derived from cattle born and raised in Canada or
in a country deemed eligible by Taiwan to export beef, or
from cattle legally imported into Canada and raised in
Canada for at least 100 days prior to slaughter in Canada
will be considered eligible to export to Taiwan.

(ii) Only beef derived from cattle that are not suspect or
confirmed BSE cases, or confirmed cohorts of BSE cases will
be considered eligible for export.

(iii) As per the CFIA Meat Hygiene Manual of Procedures, CFIA
will ensure that:

a. Meat establishments that produce beef will maintain a
program for the hygienic removal of SRMs;

b. For the purpose of SRMs removal, the age of cattle at the
time of slaughter is verified by documentation, which
identifies the age, or by dentition;

c. The beef will be derived from cattle that were
slaughtered in meat establishments registered in
accordance with the applicable Canadian legislation,
including but not limited to the Meat Inspection Act and
Regulations, approved by CFIA as eligible to export beef
to Taiwan, and have passed ante-mortem and post-mortem
inspection conducted by CFIA inspection personnel under
the supervision of the resident CFIA veterinarian;

d. The beef will be derived from cattle that were not
subjected to a stunning process, prior to slaughter, with
a device injecting compressed air or gas into the cranial
cavity, or to a pithing process;

e. The beef will be processed in a manner as to prevent
contamination from SRMs in accordance with CFIA
regulations.

6. Export Certificate
The Participants understand that:

Shipments of beef will be accompanied by certificates issued
by CFIA, which must include the following information:

(i) Information specified in sub-paragraphs 5(i) and 5(iii)c,
5(iii)d, and 5(iii)e;

(ii) Name of the product (including species), number of packages
and weight (net weight) listed by each final processing
plant;
(iii) Names, addresses, and establishment numbers of the meat
establishments;
(iv) Slaughtering period and/or processing period;

(v) Names and addresses of the consignor and the consignee;

(vi) Date, place of issue, and authority by which the export
certificate was issued and the name and signature of the
veterinary officer; and

(vii) Container number and seal number.

7. Import Inspection and Regulatory Action

(i) If a serious non-compliance in a lot is detected during the
port of entry inspection process in Taiwan, the lot will be
rejected. If an SRM is found, CFIA will conduct an
investigation to determine the cause of the problem. Product
produced by the pertinent meat establishment will then be
subject to increased rates of inspection by FDA in Taiwan.
Only after 5 lots totaling 3 times or greater quantity of
the same product from the same meat establishment are
inspected without finding a food-safety hazard, will the
standard inspection procedures and rates apply.

(ii) If two incidents of a serious non-compliance involving
separate lots from the same meat establishment are detected
in Taiwan during a 6-month period, the export certification
of beef to Taiwan from that establishment concerned will be
withheld by CFIA. Beef from the meat establishment that was
certified prior to the date of the incident will continue
to be eligible for import inspection. Export certification
of product to Taiwan will not re-commence until CFIA
provides, to FDA, in writing, a list identifying the
corrective and preventative actions carried out and
confirms that they have been successfully implemented. FDA
and BAPHIQ may include an on-site audit of the
establishment during its next system audit of
establishments.

(iii) For an incident of non-compliance, the inspector at the
port of entry may seek clarification through the importer
for an approved explanation and/or corrected
documentation.

8. Consultations

The Participants understand that consultations between CTOT
and TECO concerning the interpretation or application of
these import health requirements may be requested. The
consultations will be held within 7 working days of the
request, or at any later date the Participants may determine.

9. Final dispositions

(a) Entry into force of this Arrangement will be subject to the
completion of the necessary domestic procedures of each
Participant. The Participants will notify each other in
writing upon the completion of such procedures. The
Arrangement will enter into force no later than 30 days
after the signing of the Arrangement by the Participants.

(b) The Participants may amend this Arrangement upon their
mutual written consent after consultation and negotiation.

(c) The Participants may terminate this Arrangement by giving 6
months written notice to the other Participant, during which
time they will consult on the termination.


Signed in duplicate Taipei this 29 of Jan, 2014, and Ottawa this
29 of Jan, 2014.

__________________ __________________
FOR THE TAIPEI FOR THE CANADIAN
ECONOMIC AND CULTURAL TRADE OFFICE IN
OFFICE IN CANADA TAIPEI
Web site:Laws & Regulations Database of The Republic of China (Taiwan)