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NZFSA Exporter Updates

Issues to assist certification

July/August 2007

Certificate Status – Pending to Raised

With recent changes made to Ecert to support electronic Supporting Documents, there has been the addition of a Pending status for applications. The Ecert system automatically matches accepted Summary of Records (SORs) to applications. For the system to carry this function out correctly, rules have been set up inside the system which must be followed.

The rules are:

• ALL mandatory information in the relevant accepted SOR or SORs must be identical to the information on the application.

• If the system cannot find accepted SORs for all the product in an application, that application will go into Pending status.

• While an application is in Pending status, the Certification Unit can do NOTHING to process the application (and furthermore the Certification Unit cannot change the status of the application)

• The only way an application can go from Pending to Raised status is to have matching electronic supporting documents.

• It is the responsibility of the applicant to ensure the supporting documents are loaded and the SOR data and the application data are identical.

During the initial stages of Ecert 2.2, advisors have been placing notes on applications in Pending status stating that the system cannot match the supporting documents. However we cannot continue to do this moving into peak season. Please ensure you monitor your applications and resolve any Pending status issues with the personal that raise the supporting documents.

Notification to all Exporters: Product Registration Certificates and Free Sale Advice

This is intended as a reminder of the obligations when exporting products and outlines an additional requirement for the issuance of Free Sale Advice and Product Registration Certificates.

BACKGROUND

On 1 June 2005, the Dairy Industry Act was replaced with the Animal Products Act 2000 (APA). This not only requires dairy products to be manufactured, stored and transported in accordance with the requirements of the APA, but additionally, requires product to meet the requirements of the Food Act 1991. The repeal of the Dairy Industry Act also led to the repeal of an associated Exemption Order, which exempted all exported dairy products from having to comply with the requirements of the Food Act, in particular the Food Standards Code. This exemption no longer exists.

Product that does not meet APA and Food Act requirements (compositionally or otherwise) is not considered eligible for export unless an exemption issued under 60B of the APA exists. These may be applied for on a case-by-case basis. The only existing exemption notice relates to compliance with labelling requirements.

Applications for exemption from compositional or processing requirements demand a degree of assurance that the importing country readily accepts the variation from the New Zealand standard.

ADDITIONAL REQUIREMENTS FOR CERTIFICATE ISSUE

It has become apparent that the requirements outlined above may not be being met or well understood. It is for this reason that we are requesting additional verification to allow us to issue Products Registration and Free Sale Advice Certificates with confidence that these requirements are in fact being met – especially where we state that product is considered to be eligible for sale domestically.

To this end, in order to be able to certify product as being available for free sale, NZFSA requires documentary evidence, provided by the Recognised Agency, confirming that product complies with NZ regulatory requirements and would be eligible for sale domestically. Further guidance and a template for use by the Recognised Agency will be available on the NZFSA website shortly.

If you have any further questions regarding this matter, please contact Greg Zemke-Smith, Senior Programme Manager – Animal Products, greg.zemke-smith@nzfsa.govt.nz or phone 04 894 2592.

NZFSA policy discussion paper no. 08/07 on Proposed Dairy Quota Regulated Control Scheme

NZFSA has released a discussion paper on proposals for a regulated control scheme (RCS) for the dairy industry under the Animal Products Act 1999. This is in response to an Amendment Bill to the Dairy Industry Restructuring Act 2001 (DIRA) to reallocate rights to designated dairy quota markets. The Bill is expected to be introduced to the House within the next few weeks.

The Bill will provide for the rights to export to these dairy quota markets after the expiry (under the DIRA) of the initial allocations to Fonterra. These amendments will allow a wider group of dairy processors and exporters to participate in exporting to these markets to provide future certainty to the industry.

The discussion paper focuses on those parts of the framework that are relevant to NZFSA, ie the compliance, certification and enforcement of export rights as opposed to the allocation process.

NZFSA is proposing that the necessary provisions of the current Dairy Industry (IMA Certification) Regulations and two specifications (D203.1 Dairy IMA Certification and D204.1 Quota Compliance Programmes) be carried over into a new RCS and new specifications under the Animal Products Act. Additional provisions will also be included that will be necessary to manage multiple exporters and the requirements of multiple dairy quota markets.

While NZFSA seeks submissions on any aspect of the proposals, the key issue NZFSA seeks comments on (and a view on your preference) is the proposed regulated control scheme. The discussion document can be found on NZFSA’s website (www.nzfsa.govt.nz/policy-law/consultation/dairy-quota-rcs/). The closing date for submissions is 31 August 2007.

Expiry periods for rights to designated markets and proposed new systems

Market	Product	Expiry date	Proposed new system at expiry
Dominican Republic	milk powder	30 June 2007 (extended to 31 December 2007)	Allocate licences to eligible participants
Canada	butter	31 July 2007 (extended to 31 December 2007)	Remove export restrictions
European Communities	butter and cheeses	31 December 2007 (25% of rights)	Allocate licences to eligible participants
European Communities	butter and cheeses	31 December 2008 (another 25% of rights)	Allocate licences to eligible participants
USA	cheddar cheese and low-fat cheese	31 December 2008	Remove some export restrictions; and allocate some licences to eligible participants
USA	NSPF cheese and American type cheeses	31 December 2009	Remove some export restrictions; and allocate some licences to eligible participants
European Communities	butter and cheeses	31 December 2009, (another 25% of rights)	Licences allocated to eligible participants
Japan	prepared edible fat	31 March 2010	Licences allocated to eligible participants
Japan	cheese	31 March 2010	Remove export restrictions
European Communities	butter and cheeses	31 December 2010 (another 25% of rights)	Licences allocated to eligible participants