Source: 12360 Customs Hotline
RCEP column 丨
RCEP Guidelines for Technical Trade Measures
(Export of Fruits and Vegetables ● Part II)
In order to better implement the requirements of the Guiding Opinions of the Ministry of Commerce and Other Six Departments on the High-quality Implementation of the Regional Comprehensive Economic Partnership Agreement (RCEP), "Increase The Attention and Research on Technical Trade Measures of RCEP Member States", etc., the technical trade measures of RCEP fruits and vegetables are collected and sorted out in order to provide guidance for fruit and vegetable export enterprises to explore the RCEP market.
In the previous issue, Xiaobian mainly introduced the technical trade measures of fruits and vegetables in Indonesia, Malaysia and South Korea in RCEP member countries, and in this issue, Xiaobian will continue to interpret the relevant situation of the Philippines, Singapore, Australia and New Zealand in RCEP member countries.
Philippines
01
Regulators
The main departments of fruit and vegetable safety supervision in the Philippines are the Food and Drug Administration (PFDA), the Plant Industry Bureau (BPI) of the Department of Agriculture, and the Philippine Customs.
02
Technical regulations and standards
The philippine fruit and vegetable safety supervision technical regulations mainly include the Food Safety Law 1 Phytosanitary Law 2 The Implementation Rules of the Food Safety Law 3 The Food, Drugs and Cosmetics Act 4 The Consumer Law 5 The Customs and Customs Act 6, etc.
At present, the Philippines has 48 national standards related to fruits and vegetables, involving 14 kinds of fruit product standards such as jackfruit, strawberries and rambutan, and 34 kinds of vegetable product standards such as taro, broccoli and cabbage. The Philippines' pesticide, heavy metals and other contaminants limits are essentially equivalent to the Adoption of Codex Alimentarius Commission (CAC) standards, and some pesticide residue limits are based on ASEAN or Japanese MRL standards. The Philippine Pesticide Residue Limits are detailed in Reference 8 and the Heavy Metals and Other Pollutant Limits are detailed in Reference 9.
03
Conformity assessment procedures
1. Sanitary and phytosanitary licensing system. Executive Order No. 9 of the Philippine Department of Agriculture,10 stipulates that all agricultural food products exported to the Philippines must obtain a Philippine Sanitary and Phytosanitary Permit, referred to as SPSIC, before export. The SPSIC system in the Philippines replaces the previous phytosanitary licensing system. SpSIC licenses are usually valid for 60 days from the date of issue, and the application process is shown in Reference 11. Certification requirements include: (1) the shipment must be completely free of dirt; (2) The goods must be free of Mediterranean fruit flies (Ceratitis capitata), Mexican fruit flies (Anastrpha ludens), West Indian fruit flies (Anastrepha obliqua), dark solid flies (Anastrepha serpentina), bactrocera dorsalis and Cydia pomonella.
2. Phytosanitary measures
The Philippine phytosanitary function is placed under the BPI of the National Phytosanitary Service Division, and the phytosanitary procedures for imported fruits and vegetables include pest risk analysis, commodity classification, import clearance certificate application, phytosanitary certificate application, phytosanitary clearance, business license application, commodity shore inspection and other steps. In addition, the Department of Phytosanitary Services of the People's Republic of China has also listed the list of fruits and vegetables that are allowed to be imported, the list of registered enterprises, and the guidelines for quarantine procedures for fruits and vegetables, etc., as detailed in Reference 12.
3. Labeling requirements for processed foods. According to The Philippine Department of Health's Executive Order No. 30",13 "Labeling of Prepackaged Foods",13 the labels of processed foods sold in the Philippine market need to be labeled with 11 items including nutritional information, instructions for use, ingredient lists, allergen information, etc.
04
Import Procedures
According to the Food Safety Act and the Philippine Customs and Customs Act, imported fruits and vegetables should undergo cargo inspection and customs clearance procedures at the port of entry, and the content of import inspection includes document review, goods specification review, tariff classification review and laboratory inspection and quarantine.
Singapore
Singapore's import of fruits and vegetables safety supervision departments are mainly the Singapore Food Authority (SFA) and the Ministry of Trade and Industry (MTI).
Singapore's technical regulations for the safety supervision of imported fruits and vegetables include the Plant Control Act 14 and the Phytosanitary Control (Import and Transit of Fresh Fruits and Vegetables) Ordinance 15 Phytosanitary (Phytosanitary Certification) Ordinance 16 and 8 other regulations, the Food Marketing Act 17 and the subsidiary Food Ordinance 18 and the Environmental Public Health Act 19.
The Plant Control (Import and Transit of Fresh Fruits and Vegetables) Ordinance stipulates that fresh fruits and vegetables imported from Singapore must not contain any prohibited pesticides, and the level of pesticide residues or toxic chemical residues shall not exceed the levels specified in Schedule 9 of the Food Ordinance or the limit levels recommended by CAC and FAO.
The Food Ordinance sets out a list of permitted food additives in Singapore20 and must ensure that all additives and ingredients present in food are SFA approved.
1. Inspection and quarantine. Imports of fruits and vegetables from Singapore must comply with the relevant provisions of the Plant Control Act and the Food Sales Act. For imported fruits and vegetables, SFA officials are required to sample and analyze the goods in accordance with Article 39 of the Plant Control Act and inspect them in accordance with the clear provisions of the Food Regulations on pesticide residues, which are more stringent. In terms of quarantine, Singapore stipulates that a phytosanitary certificate is required, and does not specify a specific type of disease and insect, and when the importer is in the import review, the quarantine department will let the importer stipulate the quarantine requirements on the sales contract according to the different circumstances of different countries.
The quarantine of fruits and vegetables imported from Singapore is allowed to be carried out at the designated location after unloading, and after the quarantine is passed, it is transported to the wholesale market of fruits and vegetables. In addition, there are mobile quarantine personnel in the fruit and vegetable wholesale market to conduct spot checks on various commodities. If it is found to carry toxic substances or harmful insects, they will be returned, treated, destroyed, or re-exported.
2. Label certification system. The Food Ordinance requires all prepackaged foods to be labelled with information including the product's name or description, ingredient list, statement of allergy-causing ingredients, net content, label size, origin, etc. For specific requirements for food labelling in Singapore, please refer to the Food Authority's Food Labelling and Advertising Guidelines 21.
3. Regulations on packaging and containers. The National Environment Agency of Singapore and the Singapore Manufacturing Federation officially launched the Packaging Partnership Scheme (PPP) on 24 March 2021 to support companies to adopt sustainable packaging waste management practices under mandatory packaging. The Food Ordinance prohibits the sale, consignment or any other utensils that may contain toxic substances (lead, antimony, arsenic, cadmium).
Food can only be imported into Singapore through the Food Authority registration process. Exports of fruits and vegetables from Singapore must be obtained from the Singapore Food Authority in advance for import permits; Customs clearance for imports of fruits and vegetables, in addition to the waybill (B/L) or air waybill (AWB), invoice, packing list (P/L), if necessary, also need to provide certificates of origin, health certificates and other documents; The importer shall contact the authorized inspector immediately after customs clearance for inspection in accordance with the Plant Control Rules and the Food Regulations; A food retail licence is required to be applied for in order to be sold, and the specific import procedures are detailed in Reference 22, 23.
Australia/New Zealand
The main authorities for the safety regulation of australian imported fruits and vegetables are the Australian New Zealand Food Standards Agency (FSANZ), the Department of Agriculture and Water Resources (DAWE), and the Australian Border Security Agency (ABF).
The main departments for the safety supervision of imported fruits and vegetables in New Zealand are the Australian New Zealand Food Standards Agency (FSANZ), New Zealand Customs (NZCS), the Department of Primary Industries (MPI), and the Department of Foreign Affairs and Trade (NZMFAT).
The main technical regulations for the safety supervision of imported fruits and vegetables in Australia are the Import Food Control Act 1992 24 Australian New Zealand Food Standards 25 The Biosafety Act 2015 26 The Import Food Control Order 2019 27 The Food LabelIng Information Standards of the Country of Origin 201628.
In addition to the Australian New Zealand Food Standards, there are also food laws and regulations for the safety of imported fruits and vegetables in New Zealand, 2014 Food Act 29, Food (Supplementary Food) Standards 2016, Food Safety Law Reform Act 2018, etc.
1. Label requirements 32. In accordance with the Australian New Zealand Food Standard, fresh fruits and vegetables sold in Australia and New Zealand, complete or chopped, are provided in accordance with the Australian New Zealand Food Standard Code - Standard 1.2.1 - Requirements for Labelling or OtherWise Providing Information33 and the Country of Origin Food Labelling Information Standard 2016.
2. Risk foods. Australia's Import Food Control Order 201934 classifies ready-to-eat fresh, frozen or dried berries and fresh, frozen or dried ready-to-eat pomegranates and pomegranate seeds as dangerous foods, and it is planned that from 9 November 2022, fresh, refrigerated or frozen ready-to-eat berries and ready-to-eat pomegranates and pomegranate seeds must be accompanied by a Food Safety Management Certificate35. This requirement does not apply to dried berries. The certificate must indicate that the manufacturer has a food safety management system based on Hazard Analysis Critical Control Points (HACCP). The system must identify and control food safety hazards, such as the hepatitis A virus. The certificate must cover the primary production and processing of food.
3. Food irradiation. Australian New Zealand Food Standard 1.5.336 sets out irradiation requirements for fresh fruits and vegetables.
4. Biosecurity requirements. Some fresh fruits and vegetables are not currently allowed to be imported into Australia or from certain countries. To find out whether fresh goods are allowed and what import conditions apply, producers can enter the Biosafety Import Conditions System 37 (BICON) to search for the goods they want to export.
5. Phytosanitary measures. Australia conducts spot checks at a rate of 5% on imported vegetables and fruits other than berries and pomegranates and pomegranate seeds38, which can be found through the Australian Department of Agriculture, Water and Environment website39 for sampling methods, testing items and eligibility criteria. With a current focus on the Khapra beetle in Australia, import conditions for a wide range of other risk plant products exported from all countries will change from 28 April 2022 (other risk plant products include seeds, nuts, green coffee beans, dried fruits, vegetables, herbs and spices). This can be found on the relevant page of the Australian Department of Agriculture, Water Resources and Environment website, or at BICON for the latest phytosanitary measures. The New Zealand official website can be found on the official Website 40 for key plant pests and diseases in New Zealand.
1. Australian fruit and vegetable import procedures 41, 42. All imported fruits and vegetables must be declared to the Australian Border Security Agency (ABF) using the International Uniform Tariff Form, customs brokers and importers must complete an Import Declaration Form (FID) for imported food and declare it in abf's integrated freight system, and the Australian Department of Agriculture and Water Resources (DAWE) is responsible for customs clearance. Some fruits and vegetables require an import license, which can be accessed by logging into the Biosafety Import Conditions System (BICON). All fresh produce is imported with a phytosanitary certificate issued by the country of export.
2. New Zealand fruit and vegetable import procedures 43. New Zealand importers must complete import declarations at the Customs Trade Single Window or through customs brokers, where MPI confirms that food complies with customs regulations, Sub-Cargo Information (ECI) can be submitted electronically via the Internet, and customs online declaration forms are completed, and consignment information is sent to the MPI Central Clearing House. Before shipment: importers need to ensure that IHS requirements are met (e.g., pest and disease checks, treatments, labelling); Apply for a phytosanitary certificate from the National Plant Protection Organization (NPPO) of the exporting country: check whether the packaging material is approved: attach the original phytosanitary certificate to the consignment; Submit documents to New Zealand Customs and MPI within 48 hours of the arrival of the goods in New Zealand.
Upon arrival of the goods: provide the correct documents, including the phytosanitary certificate; Compliance with quarantine treatment requirements (fumigation or inactivation); Comply with any treatment or disposition specified in the Biosafety Administration License Letter (BACC). Once all requirements have been met, MPI will issue a BACC confirming that the goods can be cleared.
The technical trade measures listed in this article are compiled through domestic and foreign government agencies and relevant professional websites, for reference only, if there is any dynamic adjustment, please refer to the official interpretation and release of the relevant competent authorities.
The specific requirements of the relevant regulations can be found through the following links. (Can be swiped to view)
1. Philippine Food Safety Act https://www.officialgazette.gov.ph/2015/02/20/implementing-rules-and-regulations-of-republic-act-no-10611/
3. The Philippine Implementation Rules of the Food Safety Act https://www.officialgazette.gov.ph/downloads/2015/02feb/20150220-IRR-RA-10611.pdf
4. The Philippine Food, Drug and Cosmetics Act https://www.lawphil.net/statutes/repacts/ra1963/ra_3720_1963.html
5. The Consumer Act of the Philippines https://www.lawphil.net/statutes/repacts/ra1992/ra_7394_1992.html
6. The Philippines -Philippine Customs and Excise Act https://www.fakongjian.com/tools/laws/291-philippines/15895-1471669419.html
7. Philippines National Standard Inquiry Website
http://www.bafs.da.gov.ph/pns
11. SpSIC Application Process in the Philippines
https://www.bfar.da.gov.ph/services?id=159
12. Philippine National Phytosanitary Service Official Website
https://npqsd.bpi-npqsd.com.ph/import/
14. The Plant Control Act of Singapore https://assets.ippc.int/static/media/files/reportingobligation/2021/01/05/Control_of_Plants_Act.pdf
15. Singapore Plant Control (Import and Transit of Fresh Fruits and Vegetables) Rules: https://www.sfa.gov.sg/docs/default-source/legislation/control-of-plants-act/24web_cop_importandtranshipmentoffreshfruitsandveg.pdf
16. Singapore's Phytosanitary (Phytosanitary Certification) Rules https://www.nparks.gov.sg/avs/resources/legislation/ -/media/avs/legislations/(2g)-control-of-plants-(phytosanitary-certification)-rules.ashx
17. Singapore's Food Marketing Act https://www.sfa.gov.sg/legislation?type=sale-of-food-act-chapter-283&page=1
18. Singapore Food Ordinance: https://www.sfa.gov.sg/docs/default-source/default-document-library/food-regulations1.pdf
19. Singapore's Environmental Public Health Act:
https://sso.agc.gov.sg/Act/EPHA1987
20. List of food additives permitted under singapore's food ordinances
https://www.sfa.gov.sg/docs/default-source/tools-and-resources/resources-for-businesses/list-of-food-additives-permitted-under-food-regulations.pdf
21. Guidelines for food labelling and advertising
https://www.sfa.gov.sg/food-information/labelling-packaging-information/labelling-guidelines-for-food-importers-manufacturers
22. Singapore's import procedures are https://www.customs.gov.sg/businesses/importing-goods/import-procedures/documents-for-clearance-of-goods
23. Singapore's import procedures are https://www.sfa.gov.sg/food-import-export/commercial-food-imports
24.Australia's Import Food Control Act 1992 https://www.legislation.gov.au/Details/C2021C00497
25. The Australian-New Zealand Code of Food Standards https://www.foodstandards.gov.au/code/Pages/default.aspx
26.Australia's Biosafety Act 2015 https://www.legislation.gov.au/Details/C2021C00355
27.Australia's Import Food Control Order 2019 https://www.legislation.gov.au/Details/F2022C00024
28. Australia's 2016 Food Labeling Information Standards for Countries of Origin https://www.legislation.gov.au/Details/F2017C00920/Html/Text
29.New Zealand's Food Act 2014 https://legislation.govt.nz/act/public/2014/0032/latest/DLM2995811.html
30. New Zealand's Food (Supplementary Food) Standard 2016 https://www.mpi.govt.nz/dmsdocument/11365-New-Zealand-Food-Supplemented-Food-Standard-2016
31.New Zealand's Food Safety Act Reform Act 2018 https://www.legislation.govt.nz/act/public/2018/0003/latest/DLM6845609.html#DLM6845894
32. The Australian new Zealand Food Standard requires https://www.foodstandards.gov.au/consumer/labelling/Pages/default.aspx labeling
33. The Australian New Zealand Food Standard Code - Standard 1.2.1 - Requirement to Have Labelled or Otherwise Provide Information https://www.legislation.gov.au/Details/F2021C00657
34.Australia's Import Food Control Order 2019 https://www.legislation.gov.au/Details/F2022C00024
35. Australia Food Safety Management Certificate https://www.awe.gov.au/biosecurity-trade/import/goods/food/lodge/safety-management-certificates
36. Australian New Zealand Food Standard Code - Standard 1.5.3 - Food Irradiation https://www.legislation.gov.au/Details/F2021C00766
37. Biosafety Import Conditions System
https://bicon.agriculture.gov.au/BiconWeb4.0
38. Australian fruits and vegetables random inspection https://www.awe.gov.au/biosecurity-trade/import/goods/food/type/fruits-vegetables#environmental
39.Australia focuses on plant pests and disease https://www.awe.gov.au/biosecurity-trade/pests-diseases-weeds/plant#importing-and-shipping
40.New Zealand focuses on plant pests and diseases https://www.mpi.govt.nz/biosecurity/major-pest-and-disease-threats/
41. Australia import procedures https://www.abf.gov.au/importing-exporting-and-manufacturing/importing/how-to-import/import-declaration
42.Australia https://www.awe.gov.au/biosecurity-trade/import/goods/plant-products/fresh-produce-commercial-imports#step-7-inspection-of-goods import fresh produce for commercial purposes
43. Steps to import fresh fruits and vegetables from New Zealand https://www.mpi.govt.nz/import/food/fresh-fruit-vegetables/steps-to-importing/
Some of the images are from the web
Contributors: Department of International Cooperation of the General Administration of Customs, Research Center for International Inspection and Quarantine Standards and Technical Regulations of the General Administration of Customs (WTO/TBT-SPS National Notification and Consultation Center of the People's Republic of China), Shantou Customs, Guangzhou Customs