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Report Contents
	Survey of Existing and Planned SPS/Food Safety Standards Activities in the COMESA Region
	Annex A: List of Projects in COMESA Region Which Impact on SPS/Food Safety

The task of this consultancy was to collect all information related to Sanitary, Phytosanitary and Food Safety activities in the COMESA region during the recent past, the present and the future especially institutional capacity building and training.

A list of recently-completed, current and future donor-funded projects is in Annex A. There is some degree of overlap, especially as a result of several COMESA member states being also members of SADC. This calls for as much coordination between COMESA and SADC in order to avoid the confusion of double standards in some countries.

A strategic plan for coordinating USAID-supported SPS activities is called for. As a point of reference, SPS/Food Safety development in other regional groupings such as the Southern Africa Development Community (SADC) is discussed as being applicable to the COMESA region.

In preparation for the trip to Nairobi and Lusaka, personal contacts were made in Washington, D.C. with USDA-APHIS, USDA-FAS, U.S. Codex Office, SPS Contact Point, Department of Commerce, USTR and the FDA. While in Lusaka, COMESA welcomed me with an extensive array of appointments with all those involved with their ADF project, including the Secretary-General. In Nairobi, it was possible to have meetings with the new APHIS PRA Advisor based in Kampala as well as Trade Hub, RATES and REDSO contacts.

BACKGROUND

It is probably useful to briefly address the background of SPS/Food Safety activities. Why are they important and to what extent are they relevant to the COMESA region?

Food safety became of international concern in 1962 when the FAO and WHO jointly created the Codex Alimentarius Commission to be responsible for food safety standards. To date, fourteen volumes of standards have been adopted covering subjects such as pesticide residue, specifications for analysis and sampling, labeling, hygiene, food additives, veterinary drug use and commodity standards.

When the WTO was created ten years ago, agricultural matters became of utmost importance to member countries. Most COMESA states became members of WTO, but member obligations that were known and understood initially have been forgotten or ignored due to lack of need. If a country has no commodity to export outside the region, there is no justification for spending the funds for institutional support of a system which would be recognized internationally. Over time, trade has been carried out in a patchwork of individual countries’ regulations, making do with verbal agreements or bilateral agreements that tend to be impractical for long-term success.

The WTO agreement includes a specific Agreement on Sanitary and Phytosanitary (SPS), and an Agreement on Technical Barriers to Trade (TBT). SPS includes every science-based matter pertaining to animal health (sanitary) and plant health (phytosanitary). Technical barriers to trade include all matters that are not science-based. TBT relates to agricultural commodities and food products particularly in regards to packaging, labeling standards and laboratory standards.

One identified gap is the non-existence of institutional capacity. Surveys have been taken in several COMESA countries such as Malawi, Mauritius, Swaziland, Tanzania, Zambia and Zimbabwe. Country Reports were published which discuss the gaps in the existence of institutional capacity to meet WTO obligations in these countries. Recommendation: all other COMESA countries which wish to participate should be surveyed and reported on. The survey format used within SADC is available for use by COMESA.

Upon completion of the surveys and Country Reports, a gap report should be drafted for review by member states, including a statement on how to close the gap.

A model Basic Food Law that was prepared for SADC use is also available. The key requirement in this proposed law is the creation of a Food Safety Authority in each country. This authority would not be a new bureaucratic entity; instead, it could be managed by a Managing Director who would draw on existing expertise within the Ministries of Health, Agriculture and Trade to carry out its mandate of protecting human health through the protection of animal and plant health, both domestically and in international trade.

The private sector leaders in agricultural production for export should be aggressively pursuing the potential parters/importers who can provide support to them. This support can be: 1) determining what is needful/high profit in world trade and advising when are the windows of opportunity for African growers. It should be noted that in recent years, multi-sourcing of food has become common. European and American retailers are becoming world-wide in their operations and Southern Hemisphere sources should be in demand. Russia and China are opening to Western food retailers and the Middle East continues to be an attractive market. Expansion is happening everywhere.

COMESA should provide leadership to those member countries that see value in proceeding with establishing the institutional ability to provide support for their private sector in developing trade in selected commodities. It should be noted that initial attention should be placed on establishing a priority list of commodities that each member country will be targeting for export within and outside the COMESA region.

USAID funded a conference in Uganda during October 2003 in which targeted commodities were discussed. Each country produced a list of commodities which they want to export to international markets. A gap exists in the matter of commodity selection . There could be a great disaster if the private sector decision on what to grow for export does not coincide with what the world market needs.

In an ideal world, each country should sponsor an evaluation of what commodities can be grown appropriately, depending on the conditions of soil, water and weather. A modern system called precision farming provides through the help of GSP tracking a result that describes the various microclimates that exist which is matched to a list of commodities which can provide the highest yields under the circumstances of each microclimate. Next, the private sector can, through contacts with potential international buyers, make a business decision regarding what to grow based on highest and best use of their land.

This list of commodities should not necessarily be one only of traditional commodities. Subject to the condition of soil, availability of clean water and weather, farmers may find that other commodities can be grown that are in higher demand in international markets.

How does the private sector determine what they should grow? The answer is to get acquainted with buyers of fresh fruit, vegetables, spices and herbs. How does one do that? The answer is to attend trade shows where principals of importing companies are present and eager to find new suppliers. Where are these trade shows? A major annual event is scheduled for April 30-May 3, 2005 in Chicago. The United Fresh Fruit and Vegetable Association (UFF&VA) and the Food Marketing Institute (FMI) come together annually along with the Organics Trade Association and the Specialty Foods Association to provide a venue for suppliers of fresh and processed foods. To encourage potential exporters to attend this trade show would provide an opportunity for potential suppliers from the COMESA region to get a sense of what their competition is doing, and it is a chance to meet principals of importing companies. American and European importing companies and retailers are now international in their corporate activities.

Processing of agricultural commodities at origin is an option that should be pursued with potential importers/partners. Cold chain requirements and phytosanitary requirements for shipping fresh commodities can be eliminated by investing in processing facilities.

The question keeps arising on why are sub-Saharan countries so slow to adopt the necessary WTO requirements in SPS/Food Safety. The author has been involved with this subject in Africa for four years, which does not make an expert but there have been some insights gained.

A sense of urgency is normally a good motivator. A strategic plan is an overwhelming motivator. Many reports have been made which list all the problems to overcome; these reports all call for a plan for action to overcome the challenges which developing countries naturally face. The basic challenges are:

• Legal/regulatory infrastructure
• Agreement as to targeted commodities
• Private sector involvement in infrastructure development
• Inter-ministerial cooperation
• Central institutional focus like a Food Safety Authority
• Working knowledge of WTO responsibilities
• Personnel
• Funds
• Systems and procedures
• Condition of road from farm to market
• Selection of foreign partners/importers

Since every country is in a different place on the development scale, it is difficult for them to work in concert in a mandatory way through consensus. COMESA can provide guidance and encouragement but should not be an enforcer of standards. Target dates for development should be set by COMESA to provide motivation and momentum for individual states to move forward. COMESA could provide a model Basic Food Law that would call for a central Food Safety Authority to streamline multi-ministry responsibilities; it could suggest the manning levels, systems and procedures and structures for private sector involvement modeled after the most appropriate examples that COMESA can find.

A change in philosophy regarding the selection of personnel for workshop attendance must be made. o date, attendance at conferences takes on the aspect of a privilege which is rotated among departmental staff over time. It is apparent that attendees usually are not provided with adequate background prior to attendance nor is there a common vehicle for conveying information learned at conferences among their cohorts. As a result, no progress results from conferences. Random individual participation results in no progress. WTO calls for designating responsible parties for specific areas of work; those designees must become the ones to attend meetings with a built-in internal plan of action for sharing and incorporating conference input into each ministry. Ministers should ask “what have we gained from attending the conference”.

Modernization of communication means and methods is key to regional success. Changes must be universal and concurrent among all interested member states.

A factor not often considered is wash water quality in the packhouses. A recent university study in an African country found that two-thirds of the packhouses were using water that was below acceptable standards. No Ministry of Health procedure exists for inspecting packhouses for water quality since no regulation exists that sets standards for them. This is another example of where laboratory accreditation is needed in order that water analysis is recognized as meeting international standards.

Of course, transport considerations should be introduced prior to their making a final decision. Cold chain protection is of utmost concern, except for grains. Bruising damage of delicate fruit and vegetables can be a serious concern if roads from farm to market are in poor condition. Prospective growers/exporters should develop a partner relationship with transport providers in order to get to know each others abilities and limitations. Freight forwards should be included in the development of the business relationship.

At present, African agricultural exporters must rely on certification of shipments at destination by African laboratories. This is unacceptable, costly, time delaying and out of control. There is a systematic way of proceeding to laboratory accreditation through the system that the International Standards Organization (ISO) has put in place for Africa through ILAC/SANAS. Through a project which was USAID-funded through the Southern Africa Trade Hub, Tanzania and Mozambique were given a detailed audit in conformity with ISO and they could well be on their way to accreditation.

A SIDA/NORAD/ARSO Workshop was held in Nairobi in November 2004 to review SPS/TBT/Food Safety issues in COMESA. TBT issues such as metrology, conformity assessment, inspection and test services were stressed. A gap in development exists where confirmatory laboratories are concerned. Laboratory development is actually a TBT matter but it impacts so heavily on SPS that it needs to be mentioned here. Whether each country develops its own accredited laboratories for certification of exports, or whether there is a COMESA plan for centralized “mother” laboratories with “satellite” laboratories feeding into it by electronic communication is a choice which should be made soon.

Another gap is developing between WTO/SPS and Food Safety institutional standards and private sector standards. Private sector standards are even more strict (many of which are not science-based and are called quality standards). Examples of these private sector standards are the British Retail Consortium (BRC), EUREPGAP, SQ2000 and Global Food Safety Initiative (GFSI). For those African companies that are exporting agricultural commodities into Europe, they are finding that these standards are very burdensome and difficult to isolate on the packing line, shipment by shipment. The GFSI is attempting to supercede all others, but the battle is still raging. As if this isn’t confusing enough, all of these private sector organizations, which are self-accrediting, are in the process of raising their standards even higher during 2004-5. Besides this, the rather new European Union Food Safety Authority is constantly reviewing their standards as is the WTO through their SPS and TBT Committees. Such a fluid situation makes a nightmare of exporting agricultural commodities and processed food. The EUREPGAP
Standard includes not only food safety standards higher than any government standards but also includes environmental and social demands which extend to see, seedlings, soil and water management, fertilizer, pesticides, harvesting methods, animal treatment and killing techniques, post-harvest treatments, waste management, worker health and safety and extensive environmental considerations.

Another gap that is the subject of complaint by African governments is that the WTO committees do not take African positions seriously. Two responses could be made. One is that there needs to be a united position – a COMESA position, for example – not a single country’s position for presentation in consensus-building committee work. Secondly, there must be consistent and active participation by member countries in these committee meetings. Costly, yes; necessary, definitely.

A gap exists in the communication between ministries within member states. The basic scheme for Codex and WTO members suggests that the Codex Contact Point (for human health matters) should be in the Ministry of Health. The SPS Notification Authority and Enquiry Point should reside within the Ministry of Agriculture, where the animal health section (OIE Contact Point) and the plant health section (IPPC Contact Point) are separate.  The TBT Enquiry Point should reside within the Ministry of Trade, specifically in the Standards Bureau. These ministries should be communicating freely with each other on a regular basis. Having a Food Safety Authority in each country would provide the venue for such communication links.

A gap exists in communication not only between ministries and within ministries but also between Codex, WTO/SPS and TBT committees and ministries. News of importance must be available to impacted ministries through a regular reporting mechanism. A Food Safety Authority would be responsible for this.

To close this gap that exists between Codex, WTO/SPS and TBT and ministries regarding positions of African countries, COMESA could be the venue for developing positions and could be the representative to attend committee meetings on behalf of individual countries, thereby reducing the cost of participation.

An information gap regarding knowledge and response to WTO responsibilities and obligations must be closed soon. Workshops are called for within the region to refresh the knowledge in ministries of their responsibilities as called for in the SPS Agreement and the TBT Agreement, with Contact Points only in attendance.

With the funding of the ADF Agricultural Marketing Promotion and Regional Integration Project, COMESA now has sufficient means to create an export development strategy as a guide for member states to fast-track their export trade promotion schemes for traditional and non-traditional exports. The functioning of investment promotion bodies in member states could accelerate international trade.

Through this project, COMESA can establish a family of model policies that encourage private investment from outside the region. Several individual member states have already undertaken such administrative re-engineering.

Through EU funding, twenty COMESA harmonized standards have been agreed upon with another 80 under discussion at the national level for possible adoption by early 2005.

COMESA has carried out their own conformity needs assessment which is being used to develop a Capacity Building Program. Areas covered: accreditation, testing, certification, measurement traceability (metrology) and the functioning of national SPS and TBT Notification and Enquiry Points.

One of the two large projects being funded for beginning in 2005 is the UNIDO Technical Assistance and Development Program which will cover these basic elements:

• Food safety/SPS policy
• Risk analysis and the food chain approach
• Legislation: laws, regulations and standards
• Management of food safety and quality
• Inspection and auditing services
• Monitoring program and scientific support
• Laboratory services
• Information, education, communication and training
• Role of stakeholders: politicians and government, private sector, consumers
• Regional aspects
• Ascertaining food quality in export products

The holistic “farm to table” approach will be used. This approach imposes a change in the philosophy in ministries, as reflected in regulations organizational structures and management, requiring maximum cooperation between ministries.

Risk assessment, comprising: 1) risk analysis; 2) risk management and 3) risk communications is a concept endorsed by WTO. In order to cope with African risk assessment needs, the USDA-APHIS has positioned three specialists in sub-Saharan Africa – one to cover the COMESA region, one to cover the SADC region and one to cover West Africa. Not much is known about the pests – insects and diseases – that exist in these countries. These specialists provide assistance to ministries of agriculture in the preparation of lists of known pests in their countries, and in the drafting of risk analyses based on the target commodities list of each country. This puts a heavy burden on the private sector to determine what can be marketed internationally that can be grown in the conditions that exist in their growing areas (soil, water, weather, transport). Risk analyses are too time-consuming to waste time on drafting a document for a commodity that is not wanted in international trade.

Those who are filling the gap by funding inspector training programs must recognize that the training must be continuous. Trained inspectors have a way of disappearing either into the private sector or they are promoted into higher positions. Turnover on the inspector level must be coped with through frequent training schedules.

A gap exists in monitoring programs to prevent pathogenic and chemical contamination in feed and commodity. The new traceability requirements in the EU and the U.S. are very strict on this point.

There are functions in the SPS/food safety area which can best be performed by each member state individually and there are some functions which can best be performed by COMESA. This delineation should be clearly established soon. For efficiency, confirmatory and research laboratories could be determined regionally using a “mother laboratory-satellite laboratories” approach, linking them electronically. Accreditation can, by this approach, be a much more reasonable matter from a cost and time standpoint.

A regional approach through a Food Safety Authority with a regional SPS committee can elevate East/Central Africa to a level of higher esteem in the eyes of the international agricultural trading community.

A knowledge gap exists among potential exporters in matters pertaining to the business of trade. A manual on the subject was written in 2004 and given to SADC and COMESA Secretariats that can be used as a guide for future workshops. Contents include: 1) finding a business partner; 2) business decisions; 3) documentation; 4) post-harvest handling of fresh agricultural commodities; 5) transport options; 6) origin regulations; 7) destination regulatory agencies controlling shipments into Europe, Canada and the U.S.; 8) organics; 9)  marketing strategies; 10) Hazard Control and Critical Control Points (HACCP); 11) customs duties, harmonized tariff code and special legislation such as AGOA; 12) relevant publications and sample forms; and 13) traceability requirements.

Traceability is a very recent requirement for shipments into Europe, effective January 1, 2005. A product identification system, such as the one proposed by the EAN-UCC, calls for documentation of product movement from the farm to point of sale. Traceability is now part of the business agreement between European importers and foreign exporters. In January, 2005 the U.S. FDA issued rather similar requirements under the authority given them through the Bioterrorism Act of 2002.

The food safety management tool called Hazard Analysis of Critical Control Points (HACCP), adopted by the U.S. FDA in recent years for the processing of food, has now begun to be adopted in the EU. It is a self-policing planning tool that is used in conjunction with prerequisite programs such as Good Manufacturing Practises and Good Agricultural Practises to ensure that pathogens and contaminants are controlled. It has been found to be such a valuable tool that it’s use is being expanded into fresh commodities.