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

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1.Signed on October 22, 2009; Entered into Force on November 2, 2009
 
Recognizing the obligations of all WTO Members under the WTO
Agreement on the Application of Sanitary and Phytosanitary
Measures;

Recognizing the animal quarantine and relevant sanitary
requirements of the authorities represented by the Taipei
Economic and Cultural Representative Office in the United States
(TECRO);

The following import health requirements related to BSE shall be
applied to beef and beef products exported from the territory of
the authorities represented by AIT into the territory of the
authorities represented by TECRO.

Definitions
I. Definitions for the purpose of these health requirements are
as follows:
(1) "Beef or beef products" include all edible parts of cattle
and products derived from all edible parts of cattle.
However, "beef or beef products" excludes specified risk
materials (SRMs); all mechanically recovered meat
(MRM)/mechanically separated meat (MSM); and advanced meat
recovery product (AMR) from the skull and vertebral column
of cattle 30 months of age and over at the time of
slaughter. AMR that is free of SRMs and central nervous
system tissues (CNS) is allowed. Ground meat, processed
products and beef extracts may contain AMR but excludes
specified risk materials (SRMs) and all MRM/ MSM.
(2) "BSE" means Bovine Spongiform Encephalopathy.
(3) "Cattle" means domesticated bovine animals (Bas taurus and
Bas indicus) born and raised in the territory of the
authorities represented by AIT, legally imported into the
territory of the authorities represented by AIT from a
country deemed eligible by TECRO's designated
representatives to export beef or beef products to the
territory of the authorities represented by TECRO , or
raised in the territory of the authorities represented by
AIT for at least 100 days prior to slaughter.
(4) "Food-safety hazard" means any biological, chemical, or
physical property that may cause food to be unsafe for
human consumption.
(5) "Lot" means a quantity of beef or beef products identified
on a single export certificate from one meat establishment,
and consists entirely of the same process category and
product standard of identity (sub-category).
(6) "Meat establishment" include any slaughterhouse, processing
plant, and storage facility for beef or beef products that
operates under the inspection of AIT's designated
representative, the U.S. Department of Agriculture (USDA).
(7) "Non-compliance" means an inconsistency with this protocol
that does not constitute a food-safety hazard.
(8) "Serious non-compliance" means a food-safety hazard in a
shipped product or a food-safety hazard found during a
scheduled system audit.
(9) "Specified risk materials (SRMs)" means:
(a) The distal ileum of the small intestine and the tonsils
from cattle of all ages; and
(b) 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.
(10) The territory of the authorities represented by AIT means
the fifty states of the United States and the District of
Columbia.

General Requirements
2. AIT through its designated representative, USDA, in
accordance with the regulations of the authorities
represented by AIT continuously maintains measures that meet
or exceed World Organization for Animal Health (OIE)
guidelines for controlled-risk status to effectively detect
and prevent the introduction and spread of BSE. AIT through
its designated representative, USDA, will provide notice to
the World Trade Organization (WTO)-according to the WTO
commitments of the authorities represented by AIT-and inform
TECRO regarding the repeal or amendment of any BSE-related
measures.
3. In the event an additional case or cases of BSE occur in the
territory of the authorities represented by AIT, AIT through
its designated representative, USDA, shall immediately
conduct a thorough epidemiological investigation and inform
TECRO, through its designated representatives, the Department
of Health (DOH) and the Council of Agriculture (COA), of the
results of the investigation. AIT through its designated
representative, USDA, will consult with TECRO, through its
designated representatives, DOH and COA, about the findings
of the investigation. TECRO, through its designated
representative, DOH, will suspend the importation of beef and
beef products if the additional case(s) results in the OIE
recognizing an adverse change in the classification of the
BSE status of the territory of the authorities represented by
AIT.

Requirements for Meat Establishments
4. Any meat establishment in the territory of the authorities
represented by AIT that operates under inspection carried out
by AIT's designated representative, USDA, is eligible to
produce beef or beef products for the territory of the
authorities represented by TECRO. The establishment should be
notified to TECRO in advance through its designated
representative DOH.
5. AIT through the efforts of its designated representative,
USDA, will maintain a regular monitoring and auditing program
for meat establishments that produce beef or beef products
for export to the territory of the authorities represented by
TECRO to ensure they comply with the relevant provisions of
these health requirements and regulations of the authorities
represented by AIT. In the event of a serious non-compliance,
personnel of AIT's designated representative, USDA, would
issue a Noncompliance Record (FSIS Form 5400-4) and would
immediately control the non-compliant product. If the process
that resulted in the non-compliant product is on-going, this
designated representative would immediately stop the process
until it determines that appropriate corrective and
preventative measures have been taken. Only when this
designated representative, USDA, determines that corrective
actions are adequate will production be allowed to resume.
AIT through its designated representative, USDA, will inform
TECRO through its designated representative, DOH, if an
establishment is suspended and when corrective action has
been taken.
6. TECRO's designated representatives, DOH and COA, may conduct
on-site audits of a representative sample of the meat
establishments that export beef or beef products to the
territory of the authorities represented by TECRO. When a
serious non-compliance with these health requirements has
been found as a result of the on-site audit, TECRO through
its designated representative, DOH or COA, will inform AIT's
designated representative, USDA, of the results and AIT's
designated representative, USDA, shall take appropriate
measures and inform TECRO's designated representative, DOH or
COA, of the measures taken.
7. AIT through its designated representative, USDA, shall verify
that a suspended meat establishment has determined and
implemented appropriate corrective and preventative measures
before lifting the suspension described in item 5, item 6,
and item 17. AIT through its designated representative, USDA,
shall inform TECRO's designated representative, DOH, of the
corrective action the meat establishment has taken and of the
date the meat establishment's suspension is lifted.

Requirements for Beef and Beef Products
8. The beef or beef products were derived from cattle born and
raised in the territory of the authorities represented by
AIT, from cattle legally imported into the territory of the
authorities represented by AIT from a country deemed eligible
by TECRO to export beef or beef products to the territory of
the authorities represented by TECRO , or from cattle raised
in the territory of the authorities represented by AIT for at
least 100 days prior to slaughter.
9. Cattle for producing beef or beef products for export were
not suspect or confirmed BSE cases; confirmed progenies of
BSE cases; or confirmed cohorts of BSE cases, as defined in
the Terrestrial Animal Health Code adopted by the OIE.
10. Meat establishments that produce beef or beef products
aintain a program for the hygienic removal of SRMs.
11. For the purpose of SRM removal, the age of cattle at the
ime of slaughter is verified by documentation, which
identifies the age, or by dentition.
12. The beef or beef products were derived from cattle that were
laughtered in meat establishments certified by AIT's
designated representative, USDA, as eligible to export beef
or beef products to the territory of the authorities
represented by TECRO and that passed ante-mortem and
postmortem inspection conducted by personnel of AlT's
designated representative, USDA, under the supervision of
the resident designated veterinary representative.
13. The beef or beef products were derived from cattle that were
ot 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.
14. The beef or beef products were processed in a manner as to
revent contamination from SRMs or from mechanically
separated meat from the skull and vertebral column of cattle
30 months of age and over, in accordance with regulations of
AIT's designated representative, USDA.

Export Certificate
15. Import of beef and beef products shall be accompanied with
ertificates issued by the veterinary authority of AIT's
designated representative, USDA, which include the following
information to be submitted to the authorities represented
by TECRO:
(1) Information specified in items 8 and 12-14 above;
(2) Name of the product (including species), number of packages
and weight (net weight) listed by each final processing
plant;
(3) Names, addresses, and establishment numbers of the
slaughterhouse, meat processing plant, or storage facility;
(4) Slaughtering period and/or processing period
(dd/mm/yy-dd/mm/yy);
(5) Names and addresses of the consignor and the consignee; and
(6) Date on which, district in which, and authority by which
the export certificate was issued and the name and
signature of the veterinary officer; and
(7) Container number and seal number.

Import Inspection and Regulatory Action
16. If TECRO's designated representative, DOH, detects a
ood-safety hazard in a lot during the port of entry
inspection process, it may reject the lot. TECRO's
designated representative shall notify and consult with
AIT's designated representative, USDA, regarding the matter
and may request corrective action if appropriate. If an SRM
is found, AIT's designated representative will conduct an
investigation to determine the cause of the problem. Product
produced by the pertinent meat establishment shall continue
to be eligible for import; however, TECRO's designated
representative will increase the rate of inspection of
subsequent beef and beef products from the meat
establishment. After TECRO's designated representative
inspects 5 lots totaling 3 times or greater quantity of the
same product from the same meat establishment without
finding a foodsafety hazard, TECRO's designated
representative shall apply its standard inspection
procedures and rates.
17. If TECRO's designated representative, DOH, observes at least
wo incidents of food-safety hazards involving separate lots
from the same meat establishment, it may request AIT's
designated representative, USDA, to suspend the relevant
establishment. Upon receiving the request, AIT's designated
representative, USDA, shall suspend the establishment. Beef
or beef products of the meat establishment that were
certified prior to the date of suspension shall continue to
be eligible for import inspection. An establishment shall
remain suspended until AIT's designated representative
verifies to TECRO's designated representative that
corrective actions have been completed. AIT's designated
representative shall inform TECRO's designated
representative of the meat establishment's corrective action
and of the date the meat establishment's suspension is
lifted. TECRO's designated representative may include an
on-site audit of the establishment during its next system
audit of establishments in the territory of the authorities
represented by AlT.
18. Brain, eyes, skull, or spinal cord from cattle less than 30
onths of age are not SRMs or foodsafety hazards.
Nevertheless, as long as importers to the territory of the
authorities represented by TECRO do not place orders for
these products, if these items are detected during the
import inspection process in the territory of the
authorities represented by TECRO, TECRO's designated
representative, DOH, may return the relevant box or boxes to
its owner.
19. For problems that do not involve food-safety hazards,
ECRO's designated representative, DOH, may seek
clarification through the importer with a view toward
allowing the product to enter when an appropriate
explanation and/or corrected documentation is accepted.

Consultations
20. Either TECRO or AIT, acting through their designated
epresentatives, may request consultations concerning any
matter regarding the interpretation or application of these
import health requirements. Unless otherwise agreed, the
consultations shall be held within 7 working days of the
request. Unless otherwise agreed, the consultations shall,
in the case of a request by TECRO, be held in the territory
of the authorities represented by AIT, and in the case of a
request by AIT, be held in the territory of the authorities
represented by TECRO. Notwithstanding the above, TECRO and
AIT, acting through their designated representatives, shall
hold consultations within 180 days of the effective date of
the protocol to review its implementation.

Addendum
This notice will go into effect on the date of its notification.


Signed in Washington,D.C. on October 22, 2009 in the English
language.



____________________________ ____________________________
Mr. Jason C. Yuan Ms. Barbara J. Schrage
Representative Managing Director
Taipei Economic and Cultural American Institute in Taiwan
Representative Office
In the United States
Web site:Laws & Regulations Database of The Republic of China (Taiwan)