Ministry of Commerce And Supplies - Enhanced Integrated ...

Ministry of Commerce And Supplies - Enhanced Integrated ... Ministry of Commerce And Supplies - Enhanced Integrated ...

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N T I S2010CODEX Contact Point: DFTQC, Legal Status and OrganizationTo some extent the CODEX contact point’s functions and legal status overlap with the SPS enquiry pointdescribed above, including personnel, offices, and facilities. This has blurred the distinction between CODEXand general SPS functions in some areas within the DFTQC. However, given the limited resources, it is notnecessarily an issue. The fact that other specialist SPS functions reside within other departments of the MoACmay rebalance any distortions. The DFTQC is the governmental agency charged with implementing the Food Act2023 (1966) and the Food Regulation 2027 (1970). This Act has been rewritten with technical assistance fromFAO in 2004, but the new act is still under review and has yet to be submitted for the legislative process.Nevertheless, the DFTQC has been participating in regional and international CODEX activities with supportfrom various UN agencies and has initiated a series of initiatives related to food safety. These include:1. Initiation of a registration scheme for exporters and importers of food products. The scheme is voluntaryfor exporters but compulsory for importers. So far, no locally-based exporters have registered underthe scheme. The registration process involves an application followed by factory/premises inspectionby the DFTQC to ensure that basic food handling rules are used and applied. The current intention isto phase in this process as a legal (i.e. compulsory) requirement. Under this scheme, imported foodproducts undergo compulsory testing to ensure compliance with existing Nepalese standards. Theintention is to require full traceability by all enterprises at some point. It may be that market-drivencertification (see the following point) may be extended to all food manufacturers in Nepal as one wayof implementing the scheme. WTO accession has enabled the DFTQC to access better informationfrom CODEX free of charge.2. In terms of future compliance with the food safety standards, the DFTQC intends to set up guidelines/standards for the necessary Pre Requisite Programmes (PRPs) 5 as well as internationally acceptablefood safety certifications, including those for Hazard Analysis and Critical Control Points (HACCP). 6The intent is that certification will be carried out by the GoN-approved commercial entities that arealso recognized internationally. A specific issue is that regionally-based certifying entities do exist, forexample in India, that are internationally accredited and cost-effective. The intent is that certificationwill be compulsory for all food exporters at some point in the future. However, it is recognized by theDFTQC that the main driver for certification will not be the domestic regulatory environment in Nepalbut the end user and/or importing country. National standards for iodized salt and bottled water havealready been drafted and gazetted.Capacity for food testing is being developed to meet international standards in the foreseeable future. Inaddition to the institutional strengthening inputs described above, the World Bank PACT project has an SPScomponent focusing on food quality and safety enhancing activities through improving of laboratory facilitiesand certification capabilities as well as technical assistance and capacity-building measures to meet food safetyand quality standards. An additional dimension is that PACT will also provide technical assistance to industriesto help them meet hygiene requirements so as to more easily comply with importing country authorities andprivate sector importers.The general environment under which Nepalese food manufacturers operate is a matter of concern. Morespecifically, the level of public health in Nepal related to water and food-borne illnesses is poor. Given that5The Prerequisite Programmes include good agricultural practices, good manufacturing practices, good hygiene practices, proper documentmanagement, traceability systems, and any necessary supporting infrastructure.6HACCP: Hazard Analysis and Critical Control Points. HACCP certification is the apex of a process that involves setting in place the necessaryPRPs (see previous endnote) as well as a culture of continuous improvement.NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT191

N T I S2010a crucial part of the PRP necessary to gain HACCP accreditation relates to worker health and their homeenvironment in addition to the general environment of a food handling entity and its raw material suppliers(notably access to clean water and proper waste disposal), the poor public health environment will act as aclear hindrance to exporters. A basic requirement in this area would be the implementation by municipalitiesand other directly concerned entities of existing clean water standards through proper provision of cleanwater, proper treatment of waste water and proper monitoring of progress through the national recording offood and water-borne diseases (this may be the case, but the data is not to hand).IPPC Contact Point: Department of Agriculture, Plant Protection Directorate(DoA/PPD), Legal Status, and OrganizationNepal became a member of the IPPC on September 13, 2007. However, before this date Nepal was a memberof the Asia Pacific Plant Protection Commission. While not a member of the IPPC at the time, Nepal enacteda Plant Protection Act in 1972. The original act has been revised with technical assistance from FAO in theform of a new Plant Protection Act, which was enacted in 2007. The new act has corrected several deficienciesin its predecessor by aligning Nepal’s legislative framework more correctly with the IPPC and the WTO SPSAgreement. However, the necessary regulations under the new act have yet to be approved by the Council ofMinisters; so at present plant protection in Nepal is enforced under the previous Plant Protection Regulationsapproved in 1974 under the Plant Protection Act of 1972.Responsibility for applying the Act lies with the Plant Protection Directorate (PPD) at the DoA. This responsibilityincludes most functions required of an IPPC member, but, crucially, due to a technical issue relating to the factthat the PPD is still operating under the 1974 Plant Protection Regulations, it still does not fully control importconditions for imported plants.The PPD operates at 15 border posts, including three crossings into China, eleven crossings into India andone at Tribhuvan International Airport. It maintains the pest list/phytosanitary database for Nepal and hascompleted 28 pest lists for specific commodities, including seven in respect of imported commodities. Thereare basic pest identification facilities at the border crossings, but taxonomic backstopping is primarily carriedout by the Agricultural Research Services Directorate within the DoA. There is no provision for internationaltaxonomic backstopping.Support for specific commodities includes:1. Fresh ginger: Trying to get market access into China through the compilation of a pest list. Currently,there are no phytosanitary problems for fresh ginger exports to India or for dried products to eithercountry;2. Pulses: Running fumigation facilities using methyl bromide 73. Cardamom/medicinal herbs/tea: Currently, no phytosanitary issues4. Wood products, including packaging and curios: Heat treatment or fumigation5. Bananas and citrus: Currently, these fruit cannot be exported to India and attempts are in progress bythe PPD to ascertain what the issues are and see if these can be mitigatedA specific and emerging issue is that of fruit flies for which the PPD is trying to develop capacity for determiningpest status, distribution, surveillance, and taxonomic services.7In this respect, India, the main customer, has no problem with the use of methyl bromide despite the Montreal Protocol in respect of ozonedepleting chemicals. Some markets that are more sensitive in this regard require the use of fumigation by aluminum phosphide instead.192NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT

N T I S2010CODEX Contact Point: DFTQC, Legal Status and OrganizationTo some extent the CODEX contact point’s functions and legal status overlap with the SPS enquiry pointdescribed above, including personnel, <strong>of</strong>fices, and facilities. This has blurred the distinction between CODEXand general SPS functions in some areas within the DFTQC. However, given the limited resources, it is notnecessarily an issue. The fact that other specialist SPS functions reside within other departments <strong>of</strong> the MoACmay rebalance any distortions. The DFTQC is the governmental agency charged with implementing the Food Act2023 (1966) and the Food Regulation 2027 (1970). This Act has been rewritten with technical assistance fromFAO in 2004, but the new act is still under review and has yet to be submitted for the legislative process.Nevertheless, the DFTQC has been participating in regional and international CODEX activities with supportfrom various UN agencies and has initiated a series <strong>of</strong> initiatives related to food safety. These include:1. Initiation <strong>of</strong> a registration scheme for exporters and importers <strong>of</strong> food products. The scheme is voluntaryfor exporters but compulsory for importers. So far, no locally-based exporters have registered underthe scheme. The registration process involves an application followed by factory/premises inspectionby the DFTQC to ensure that basic food handling rules are used and applied. The current intention isto phase in this process as a legal (i.e. compulsory) requirement. Under this scheme, imported foodproducts undergo compulsory testing to ensure compliance with existing Nepalese standards. Theintention is to require full traceability by all enterprises at some point. It may be that market-drivencertification (see the following point) may be extended to all food manufacturers in Nepal as one way<strong>of</strong> implementing the scheme. WTO accession has enabled the DFTQC to access better informationfrom CODEX free <strong>of</strong> charge.2. In terms <strong>of</strong> future compliance with the food safety standards, the DFTQC intends to set up guidelines/standards for the necessary Pre Requisite Programmes (PRPs) 5 as well as internationally acceptablefood safety certifications, including those for Hazard Analysis and Critical Control Points (HACCP). 6The intent is that certification will be carried out by the GoN-approved commercial entities that arealso recognized internationally. A specific issue is that regionally-based certifying entities do exist, forexample in India, that are internationally accredited and cost-effective. The intent is that certificationwill be compulsory for all food exporters at some point in the future. However, it is recognized by theDFTQC that the main driver for certification will not be the domestic regulatory environment in Nepalbut the end user and/or importing country. National standards for iodized salt and bottled water havealready been drafted and gazetted.Capacity for food testing is being developed to meet international standards in the foreseeable future. Inaddition to the institutional strengthening inputs described above, the World Bank PACT project has an SPScomponent focusing on food quality and safety enhancing activities through improving <strong>of</strong> laboratory facilitiesand certification capabilities as well as technical assistance and capacity-building measures to meet food safetyand quality standards. An additional dimension is that PACT will also provide technical assistance to industriesto help them meet hygiene requirements so as to more easily comply with importing country authorities andprivate sector importers.The general environment under which Nepalese food manufacturers operate is a matter <strong>of</strong> concern. Morespecifically, the level <strong>of</strong> public health in Nepal related to water and food-borne illnesses is poor. Given that5The Prerequisite Programmes include good agricultural practices, good manufacturing practices, good hygiene practices, proper documentmanagement, traceability systems, and any necessary supporting infrastructure.6HACCP: Hazard Analysis and Critical Control Points. HACCP certification is the apex <strong>of</strong> a process that involves setting in place the necessaryPRPs (see previous endnote) as well as a culture <strong>of</strong> continuous improvement.NEPAL TRADE INTEGRATION STRATEGY 2010BACKGROUND REPORT191

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