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CRIMES WITHOUT CONSEQUENCES - gpvec

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6. Enforcement of Federal Law in Foreign Plants<br />

Foreign countries desiring to export meat products to the United States must demonstrate<br />

that their meat inspection systems are “equivalent” to the U.S. domestic inspection<br />

system. 166 Meat products exported from other countries must meet all the standards of<br />

the U.S. Federal Meat Inspection Act and its regulations, including that the animals be<br />

humanely handled and slaughtered.<br />

The USDA-FSIS Office of International Affairs evaluates foreign food regulatory systems<br />

through document reviews, on-site audits and port-of-entry re-inspection of products. 167<br />

The equivalency determination process, which typically takes three years to complete, is<br />

initiated when the foreign food inspection service completes a set of five questionnaires<br />

dealing with slaughtering and processing, sanitation, residue control, animal disease and<br />

enforcement. Of the more than 200 questions—many of them multi-part questions—<br />

currently contained in the FSIS foreign country questionnaires, none address the issues of<br />

humane handling and humane slaughter. 168<br />

After a country is judged to have an inspection system equivalent to the United States,<br />

a proposed rule is published in the Federal Register and any comments submitted<br />

in response to the posting are to be considered prior to the issuance of a final rule<br />

designating the country as eligible to export to the United States. The USDA-FSIS<br />

does not conduct food inspection in foreign countries but instead relies on the foreign<br />

food inspection service to carry out daily inspections of approved facilities. Foreign<br />

establishments desiring to export to the United States must apply to their national<br />

inspection authority, which certifies to FSIS a list of all establishments meeting U.S.<br />

import requirements. 169<br />

As of February 2008, the following countries were eligible to export meat products to<br />

the United States: Argentina, Australia, Belgium, Brazil, Canada, Chile, Costa Rica,<br />

Croatia, Czech Republic, Denmark, Finland, France, Germany, Honduras, Hungary,<br />

Iceland, Ireland, Italy, Japan, Mexico, Netherlands, New Zealand, Nicaragua, Northern<br />

Ireland, Poland, Romania, San Marino, Spain, Sweden, the United Kingdom and<br />

Uruguay. At that time, the number of certified slaughter establishments per country<br />

ranged from none to more than 300. Australia and Canada had the largest number of<br />

certified establishments. 170<br />

166 For a discussion of “equivalence,” see USDA-FSIS, Office of International Affairs, Process for evaluating the<br />

equivalence of foreign meat and poultry food regulatory systems, Oct 2003. (http://www.fsis.usda.gov/OPPDE/<br />

IPS/EQ/EQProcess.pdf)<br />

167 USDA-FSIS, Office of International Affairs, Equivalence process. (http://www.fsis.usda.gov/regulations_&_<br />

policies/equivalence_process/index.asp)<br />

168 See USDA-FSIS, Office of International Affairs, Example of equivalence audit cover letter and<br />

questionnaire. (http://www.fsis.usda.gov/oa/Congress/Import_Equivalence/Appendix_2.pdf)<br />

169 USDA-FSIS, Office of International Affairs, Process for evaluating the equivalence of foreign meat and<br />

poultry food regulatory systems, October 2003. (http://www.fsis.usda.gov/OPPDE/IPS/EQ/EQProcess.pdf)<br />

170 As of February 2008, China and Israel were certified for poultry, but not meat export; only Canada and the<br />

Netherlands were certified for egg export. At that time, Honduras had no certified meat establishments, but was<br />

59

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