Belize Agricultural Health Authority (Inspection in a Foreign Country) Regulations, 2004 (S.I. No. 54 of 2004)

No. 54] BELIZE: Belize Agricultural Health Authority STATUTORY INSTRUMENT No. 54 of 2004 REGULATIONS made by the Minister responsible for Agriculture, in exercise of the powers conferred upon him by sections 61 and 86 of the Belize Agricultural Health Authority Act, Chapter 211 of the Substantive Laws of Belize, Revised Edition 2000, and all other powers thereunto him enabling. (Gazetted 6th March, 2004.) 1. These Regulations may be cited as the BELIZE AGRICULTURAL HEALTH AUTHORITY (INSPECTION IN A FOREIGN COUNTRY) REGULATIONS, 2004. 2. !tis hereby declared that the importation of agricultural commodities into Belize from countries specified in the First Schedule shall be subject to an evaluation for compliance in the exporting country in accordance with Regulation 3 to ensure conformity with Belize's sanitary and phytosanitarymeasures made pursuant to the Sanitary and Phytosanitary Measures (SPS) Agreement, an agreement of the World Trade Organi zation(WTO). 3. Inspection for the evaluation ofcomp1iancein a foreign countrywi 11 be in accordance with Procedure No. FT IN 1 /08/ 03 ofthe Belize Agricultural Health Authority contained in the Second Schedule. 1 Short title. Inspection or commodities before importation into Belize. First Schedule. Evaluation of compliance. Second Schedule. 2 Belize Agricultural Health Authority [No. 54 Commencement. 4. These Regulations shall come into force on the 4th day of March, 2004. MADE by the Minister of Agriculture and Fisheries this 4th day of March, 2004. No. 54] Belize Agricultuml Health Authority FIRST SCHEDULE [Regulation 2] All member states of the World Trade Organization. 3 4 Belize Agricultural Health Authority [No. 54 SECOND SCH E'DULE [Regulation 3] Procedure No. FT/N1/08/03 Associated. With Inspection Conducted by the Belize Agricultural Health Authority (BAHA) officials in a foreign country for the purpose of evaluating the degree of conformity with Belize's Sanitary And Phytost.mitary Measures 1.0 Definition of terms; a. Importing country: the trade partner country that will be receMng the commodities originating or proceeding from another country. b. Exporting country: the trade partner country that desiras to move commodities orlglnatlng or proceeding from Its territory to another country c. Competent Authority: the body or unit legally reo:;,gnized as such In the country of origin t!nd accapted by the Importing country. 2.0 These procedures will only apply after a rrok analysis determines that trade in egrlcuHuml commodities from th9 e><POfting country to the importing country is possible. 3.0 The Competent Authority In the country of origin will notify tha Belize Agricutturar Health Authority on the Companies, Processlng Plants, Fields, Farms and any other site that may need to be Inspected and approved for the purpose of establishing trade In a particular agricultural commodity. The result of such an inspection will determine whether a commodity may be Imported Into Belize and if so the conditions that 'M'.lufd naad to be met for to the Impartation to be authorized. 4.0 The Belize Agricultural Health Authority will respond to the request for inspection and approval by the competent authority of the importing country 'Nithin 11 calendar days after rocelpt of tha request The competent authority of the exporting country, where necessary, will be fmmedlataly advised of any Bdditlonal information required. The official response will have the follovving Information: 4.1 Measures to evaluate: controls on the systems of inspection in the establishments for slaughter, processing, transfonnation and packaging of the commodities; bio--eecurity systems; survelllance systems and systems of inspectlon, approval and csrtffication, 4.2 Documents: The Belize Agricultural Health Authority will indicate the documents, ragulat!ons and laws that it may require to review prior to conducting the site Visit. 4.3 Tentative dates for conducting the Inspection and the number of days It will require: The lnmpectlon date wm be set for a period not greater ttian 60 No. 54] Belize Agricultural Health Authority 5 calendar days from the responM, date. Where the request Is for Inspection and approval of various establtshmerrta, the Belize Agricvltural Health Authority will provlda irtfom,ation on the programming of the visits. 4.4 Number and names of !ha official inspectors. Thare will routinely be two lnspeotora and, on occasion, three, when justifiable, for establishments sharing similar producl.lon characwristics. 4.5 Protocol and format of the Inspection will be attached to the response. Toa raomtias, equipment and documents that will be required for fnepection during the visit will also be Indicated. 5.0 The Belize Agricultural Health Authority will issue a report on the visit to the competent authority of the exporting country within 15 working daya after the visit fs completed. If during the site visit, any infomiatlon requested Is not submitted, then th-s exporting country is renponsib~ for the delay In the reporting procedures. 6.0 In Instances Where the Competent Authority of the exporting country did not initiate the request for the site visit, BAHA officials will, as a matter of courtesy or protocol, liaise with tha relevant regulatory authority In that country, responsible for that commodity. 7.0 The Competent Authority of the exporting country is: 7.1 to faeilitate the Visit of the inspectoro. It ahoufd provide: transportation within the country; fulfillment of the viait aehedula according to tho programme; services such as fax, telephone, photocopier and computer for official use during fue visft. 7.2 to guarantee the provision of all infomietlon required and unrestricted access to the establishments to be visited. 7.3 to accompany the Inspectors on their visits. The accompaniment by personnel of the establishment lnspected Is at the discretion of the officers conducting the lnspaction. 8.0 At the end of the Inspection of an establishment, the inspectors will meet with the competeot authority of the exporting country and a representative of the establishment Inspected. During this reunion, the Inspectors ¼ill make general comments on the more relevant aspects of the Imped.Ion; where there Is e critical observation then It 6 Belize Agricultural Health Authority [No. 54 ahou!d be stated &t this rwn!on, clesrty Indicating the consequences snd effects, Any report made at thi$ reunion la not to be oon:Mdared as an official report by the Belize Agricultural Healih Authority. 9.0 At too end of tha inopection in the exporting country, the inspsctors v.ill meet with the competent authority of the exporting coontry. Dtirlng this reunion, the inspectora 1,vlll report on general aspecl:s of the visit and wlU indicate any critical observations and lhe conaequsncas these may ha'Je on the flrnil report. Any report made at this reunion iB not to be considered ss an official report of ttl8 Belize ,¾;lricultUral Health Authority. 10.0 vvoora thS report on the visit is favoursbia and approval for importation is granted, the importing counby is to notify the eKpOrting country within 16 calendar days the measures the oommoditias need to fulfill 'for their importation. 11,0 The report on the visit wm contain: 11.1 an El\/lilluatlon of ths relevant legislation in the exporting country; 11.2 Bn analysis of the sanitary or phytosanitary situation. Risks due to pests and' or dioeases will ba detailed \Nhare they i.ixist and where they prohibit the trade In specific commodities. If them are no risks associated with the importation, thi::i i5 to ba clearly etated. 11.3 an evaluation of th9 plant protection or veterinary services and their laboratories, specifying whe~er the certificates Issued by the services are aooeptable or not. If not acceptabl-a then the deficiencies shculd be explained. 11.4 an evaluation of the eirtabl"rshmerlts inspected, indicating their approval or not. Where the astabliahmants are not approved then the reasons and their corrective measures should ba listed. It should also be specified whether a follow-up inspection wlll be necsssruy or whether the competent authority can be delegated with the verification of the fulfillment of the recommendations. 11.5 validity date of the lilpproval (minimum is one year) and the date of the next viait are to be speoifled. Also, tho epidemiological surveillanoe measures that the competent autl1om'j of the exporting country needs to oxecuta to maintain the approval are to be specified, No. 54] Belize Agricultural Health Authority 7 11.6 approval: need descrlbe ways that the approval status can be modffied, suspended or Invalidated and the Mtification channels to use as well ae the measures that the e)(f)Orllng country oan take to regain Its 8WtU8, 12.0 Exports can initiate 8 working days after ihe Importing country notifies the exporting country the sanitary and phylosanitary ~ures the commodities rwed to fuffill for their importation based on a favourab¾l report having been emitted. 13.0 Toe Importing coontry is to Immediately notify any changa of c:onditrons In tnose evaluated. Upon receipt of thfs notiftaation, the Belfza Agriot.1ftuml Health Authority wlll detennine whathar: (i) Jt malntalns the approval status; or (II} ~ modifies or suspends the. approval status; or (ill) whether a naw Inspection visit Is necessary. 14.0 Unless othefwise noted, it will be the exporter er Importers responsibility to cover all costs assoclmt:1d with tha lnspaotlon. : 14.1 The cost will Include all of the following : (I) All airfares and other travel costn, which may be incurred and are associated with the lnspsction. Tickets wilf need to be received by BAHA officia~ at least three (3) days prior to departuro. (II) Per Diem for the offtclals 1,-IJ!ll ba at the rate currently In force by OIRSA for her Technical Dil'8Ct0f$ within and without tho OIRSA region, Toa per diem will be paid far every oV&might that tha SAHA offioials will be spending outaide of Belize. Th9 per diem shall be paid directly to the BAHA officials upon arrival at the country requesting the Inspection. (Ill) A minimum admlniatratfvo fG$ of five hundred United States dollars {$500.00 US) to be paid directly to the Beli::ze Agricuttural ~tth Authority not llli!M than ten (10) working days prier to daparture from Belize. An inspection Ylhtch m~y result in a length of stay that exceeds a maxirnum of three (3) working days, will result In an additional admlnlmtlwl fee of ooo hundred United States dollarn ($100.00 US) per day. 8 Belize Agricultural Health Authority [No. 54 14.2 Paymanw ehall be madt1i oo follow.I: To the Bellze AgrloultUral Hatt!th Authority, Bank of Nova Scotmi, AlbGrt street. Belize City, Account Numb!S-r 288-19 Swift Code NOSCBZBS. 14.3 An offloial lnvoioo will be oont to the Competent Authority or tho exporter lndlcatlng the del!cripllon of the eefVices offered, the rates charged and tho mmountdUe. 14.4 BA.HA wm verify paymento MCI wl!I IG!.lue an cfflclal 19CG!pt:. 15.0 Attached la B81Tlple of a. Pro Fomia Invoice thirt Ghmll be dellvenxl to the Exportor or Competfllll Authority upon receipt of the reqUe!lt PRO FORM.A INVOICE Bill to:. Offico Addniu: AddteM of Site Visited:. Toh Fnx: Bm.,.ll: huspodiOQ Yblt Brnkdown or Coatn No. 54] Belize Agricultural Health Authority 9 Il12pCC!loa oonduct&d for tJw pwlod; (0./M/YBAR) Mlolmum Arlminutratlvo 500.00 500.00 foo By BAHA Offil:lalo OtllCI' Bdmln.l.ltnmve !ce Loelll Trso1portetloo ~Travel l>cr Dkim- deys lS0.00 TOTAL USD