Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent Discussion Document

Proposed amendment to the New Zealand (Mandatory) Food Standard 1997, to include bovine products as prescribed foods, under the Food Act 1981 This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Published in April 2001 by the Ministry of Health PO Box 5013, Wellington, New Zealand

ISBN 0-478-24360-X (book) ISBN 0-478-24361-8 HP 3434

This document is available on the Ministry of Health’s Web site: http://www.moh.govt.nz

This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Preface

The Ministry of Health proposes to manage the human health risks associated with bovine spongiform encephalopathy (BSE) in imported bovine products in two stages: 1. the creation of an overarching legal mechanism to enable the control of the potential risks associated with BSE in imported bovine (, bison and buffalo) food products; and 2. the development of a certification regime relating to the prohibition or clearance of bovine food products imported into New Zealand.

Separate consultation is proposed for each part. This discussion document covers part one. The certification procedures will be consulted on when finalised. Until then the current procedures for imported beef products will apply.

This discussion document invites public comment on the proposed permanent amendment to the New Zealand (Mandatory) Food Standard 1997, to include bovine products as ‘prescribed foods’. This will require that all imported bovine products be assessed for their safety prior to release for sale in New Zealand. Whilst specific questions are raised in the text, the Ministry of Health also welcomes comments on related issues.

The discussion document is being widely circulated. Submissions are sought from interested people and organisations. When sent on behalf of an organisation, the submission should include the position within the organisation of the person making or signing the submission, and an indication of the extent of consultation, discussion and support within the organisation for the opinions and advice expressed.

All submissions received will be considered and analysed before the development of policy advice for the Minister of Health.

Submissions should be sent to: Consultation Coordinator Food Group Public Health Directorate Ministry of Health PO Box 5013 WELLINGTON Fax: (04) 496 2340

The closing date for submissions is 21 May 2001.

All submissions will be available under the Official Information Act 1982. Therefore, if you consider that all or part of your submission should be treated as confidential, please make this clear when making your submission. The Official Information Act 1982 requires all information held by the Ministry to be available for public scrutiny, and such information may only be withheld from release in exceptional circumstances.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks iii Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent

This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Contents

Introduction 1

Purpose 1

Background 2 What is variant Creutzfeldt-Jakob disease (vCJD)? 2 The linkage between vCJD and the potential health implications for the New Zealand population from imported bovine products 2 Spread of BSE 3 Measures taken in New Zealand to protect public health from vCJD to date 4 Ongoing protection of the public health 5

Permanent Regulation of Imported Bovine Products Potentially Contaminated with the BSE Agent 7 Option 1: Section 9(4) of the Food Act 1981 7 Option 2: Section 9(4) and section 24 of the Food Act 1981 7 Option 3: The New Zealand (Mandatory) Food Standard 1997 and sections 11P, 11D and 9(4) of the Food Act 1981 7 Comparison of the three options for the ongoing management of imported food products containing BSE 8

Preferred Option 10 Bovine products 10 Proposed amendment to the New Zealand (Mandatory) Food Standard 1997, to include bovine products as prescribed foods 10

Consultation Questions 12

Appendices Appendix A: Current Import Restrictions for Beef and Beef Products 13 Appendix B: List of Tariff Codes Affected by Import Suspension 16

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks v Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent

This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Introduction

The primary objective in managing imported foods potentially contaminated with bovine spongiform encephalopathy (BSE)1 is to lessen the risk of consumers contracting variant Creutzfeldt-Jakob disease (vCJD). The most effective way to achieve this is to control the sale of bovine products in New Zealand that are considered to be at risk of carrying the BSE agent.

The New Zealand (Emergency) Food Standard 2001 currently allows for the control of imported BSE-contaminated beef and beef products, but this expires on 5 July 2001. A permanent legal mechanism is required by this date to allow for ongoing management.

Purpose

The purpose of this discussion document is to propose a permanent amendment to the New Zealand (Mandatory) Food Standard 1997, to include bovine products as prescribed foods. This will: ?? allow for ongoing control of imported bovine products that may be contaminated with the BSE agent and potentially pose a risk to human health; ?? broaden the scope of bovine products able to be controlled (rather than limiting control by use of the current term ‘beef and beef products’). This will facilitate rapid response if other bovine foods are identified as a risk to human health; and ?? provide ongoing cost recovery consistent with Government policy.

Consumers, industry, community groups and other government’s comments are sought on the proposal to amend the New Zealand (Mandatory) Food Standard 1997 to include bovine products as prescribed foods under the Food Act 1981.

1 BSE is commonly known as ‘mad cow disease’.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 1 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Background

What is variant Creutzfeldt-Jakob disease (vCJD)?

Creutzfeldt-Jakob disease (CJD or classical CJD) and BSE are part of a group of diseases, occurring in people and animals, with the general name of transmissible spongiform encephalopathies (TSEs). These rare, fatal, degenerative diseases affect the central nervous system, displaying symptoms that range from dementia to psychosis and paralysis.

Variant Creutzfeldt-Jakob disease (vCJD) is a new TSE affecting humans and is linked to BSE. The characteristics of vCJD are similar to classical CJD but have the following significant differences: the patients affected are usually much younger (average age of 28 as opposed to 63), the course of vCJD is longer (average duration of 13 months as opposed to 6 months from onset to death), the symptoms are different and the appearance of the brain tissue after death is recognisable as CJD but displays different characteristics.

The linkage between vCJD and the potential health implications for the New Zealand population from imported bovine products

Research to examine the possible human health risk from BSE established a link between BSE and the new human condition, vCJD, in March 1996. It is now widely accepted that the most likely cause of vCJD is the consumption of bovine products contaminated with the BSE agent.2

Bovine tissues most likely to contain the BSE agent are those with a greater proportion of nerve tissues (the BSE agent has been found in the central neural tissues of bovine animals suffering from BSE). These tissues are included amongst those referred to as ‘specified risk materials’ (SRMs).3

Food products in the human food chain posing most risk to consumers are: ?? and products produced from bovine neural tissues ?? bovine products, or products containing bovine ingredients that use mechanically recovered (MRM), which is likely to contain neural tissue (for example mince meat, sausages and meat patties) ?? cuts of muscle tissue (‘meat’) where the potential for cross-contamination with SRM exists

2 The prevailing theory suggests that the BSE agent is a deformed ‘prion’ protein. This is a normal protein in animals and humans but it becomes pathogenic when its shape is changed and is resistant to destruction.

3 Specified risk materials (SRMs) include the following tissues: brain, eyes, tonsils, trigeminal ganglia, , intestines thymus, spleen and the dorsal root ganglia.

2 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

?? meat on the , especially from the vertebral column (for example T-Bone ). The risk of New Zealanders developing vCJD from the consumption of European bovine products is thought to be low. The United States (US) Centers for Disease Control and Prevention has estimated the likelihood of contracting vCJD from eating beef (muscle meat) in the at about one case per 10 billion servings of beef (http://www.cdc.gov/travel/madcow.htm, issued 29 January 2001 as part of advice to travellers).

However, many uncertainties about vCJD still exist, such as the infective dose4 and incubation period (estimates range from 5 to 30 years).5 Since vCJD was first recognised in 1996 there have been 97 definite and probable cases in the United Kingdom (UK) (http://www.doh.gov.uk/cjd/stats), three in France and one in the Republic of Ireland.

Based on the small number of deaths reported, together with an unknown, but potentially long incubation period, estimates of total number of deaths that may result in the UK from vCJD have varied from a few hundred to a hundred thousand. Recent estimates suggest that numbers are more likely to be small but this is yet to be confirmed (www.bmj.com BMJ 322: 841–4, 7 April 2001). The likelihood of New Zealanders contracting vCJD is believed to be low but the disease is always fatal, with no known treatment. As a consequence the risk associated with BSE in imported foods needs to be managed.

Spread of BSE

It is not known how BSE in cattle initially developed. However, it has been confirmed that BSE is spread amongst bovine animals (cattle, buffalo and bison) through the recycling of BSE-infected bovine tissue into animal feed. Cattle carcasses containing SRMs have been commonly rendered to produce a protein animal feed called meat and bone meal (MBM). In the past, such MBM was commonly fed to European cattle herds. The rendering process to produce MBM does not destroy the BSE agent.

Prior to 1996 cattle potentially affected by BSE were exported from the UK. Prior to 1998 animal feed potentially contaminated with BSE was exported from the UK to many other European Union countries but also to over 70 other countries. The same cycle of events as in the UK, where cattle were fed BSE-infected feed and infected cattle were rendered into MBM, may have been repeated in an unknown number of the MBM recipient countries. Some of the exported MBM may have been used as feed for animals other than cattle (pigs and poultry) and in such cases BSE would not necessarily have spread into the importing countries.6 On the other hand, monitoring and control systems may not have been in place to ensure that such feed was not used for cattle.

4 Infective dose = the amount of the infectious agent (eg, BSE) necessary to cause disease. 5 Incubation period = the time interval between the first exposure to the infectious agent (eg, the BSE agent) and the appearance of the first symptom of the disease. 6 There is no evidence to suggest that the BSE agent can cause illness in pigs and chickens.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 3 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Nearly 180,000 BSE-infected cattle have been identified in the UK since BSE was first identified there in 1986. The incidence rate has reduced significantly, from 36,000 cases in 1992 at the peak of the epidemic to 1348 in 2000. BSE-infected cattle have only recently been identified in significant numbers in other European countries. Efforts to detect BSE in cattle in other European countries have increased over the past two years. Approximately 1900 cases in these countries have been identified since 1986 (http://www.bsereview.org.uk/data/eumap/incidence_table.htm). It is not possible to know whether the increase is associated with increased measurement efforts, or whether the real incidence in these countries is increasing.

Internationally countries are taking various actions to manage their BSE risks and introducing surveillance programmes to provide evidence of their BSE status and assure their consumers that their beef products are safe.

Measures taken in New Zealand to protect public health from vCJD to date

New Zealand BSE Expert Science Panel

An independent BSE Expert Science Panel was established in New Zealand in 1996 under the Ministry of Research, Science and Technology to advise the Government on BSE issues.

Over the last five years the Panel has considered matters put before IT and responded directly back to relevant Ministers. The Panel has considered routes by which BSE contaminated products could enter New Zealand and the potential impact of the BSE agent on the human and animal health populations.

1996 import prohibition on UK beef and beef products

Following the epidemic of BSE in the UK and the announcement that a link between BSE and vCJD exists, New Zealand applied a ban on beef and beef products imported from the UK from April 1996. This was enforced under the Food Act 1981 under sections 9 and 24.7

Foods imports from the UK that were likely to contain any beef or beef products were stopped at the border to confirm the origin of any beef content. Any consignments of food containing UK beef and beef products were rejected. The Ministry of Health and retailers worked together to identify and voluntarily remove beef and beef products from the UK already in the market.

7 Note: No other legal mechanism for controlling newly identified high-risk imported foods existed at that time.

4 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

New Zealand (Emergency) Food Standard 2001 – Import suspension on high-risk beef and beef products In late 2000 reports of BSE in European cattle herds increased and the adequacy of animal feeding practices in European and other countries, that had received cattle or animal feed potentially affected by BSE, came under scrutiny. By the end of 2000 it was clear that action was required to protect New Zealanders from imported beef and beef products, which may contain the BSE agent from a larger number of risk countries.

Beef and beef products were therefore added to the New Zealand (Mandatory) Food Standard 1997, making them a prescribed food,8 for the condition BSE. To amend the 1997 Food Standard the Director-General of Health issued the New Zealand (Emergency) Food Standard 2001.9 This occurred on 5 January 2001. An emergency food standard only has effect for a maximum period of six months.

A risk evaluation process carried out by the USA in 1997 identified countries where systems did not adequately identify or manage BSE risks. This was used by the Ministry of Health to identify countrie s having inadequate controls or surveillance programmes to manage BSE risks. Assessment resulted in thirty countries being classified as ‘high-risk’. Imported food from all countries is identified at the border, and beef and beef products from the 30 high- risk countries are refused entry into New Zealand. In practice, beef and beef products from 29 European countries (including the UK) and Oman are presently prevented from entering New Zealand. The Ministry of Health and retailers worked together to identify and voluntarily remove beef and beef products from the identified 30 high-risk countries already in the market.

MAF Import Health Standards In addition to measures taken by the Ministry of Health, many animal products are prohibited entry to New Zealand under the Biosecurity Act 1994. The Biosecurity Act prohibits the entry of these products unless MAF Import Health Standards10 specifically permit entry. The main objective of MAF Import Health Standards are to protect New Zealand’s animals and plants; however, by prohibiting entry of certain products, New Zealand’s human population is also indirectly protected.

Ongoing protection of the public health The use of an emergency food standard enabled quick action to protect the public health of New Zeala nders. During the six months that the emergency standard is in effect permanent

8 A ‘prescribed food’ is a food identified as having a high-risk. Monitoring of these foods is carried out prior to release for sale, to protect public health. 9 The Food Act 1981 was amended in 1996 to permit the making of food standards and emergency food standards. In 1997 the New Zealand (Mandatory) Food Standard 1997 came into force, which allowed for more effective control of high risk imported foods. 10 MAF Import Health Standards are available on their web site: www.maf.govt.nz

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 5 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

import control measures need to be developed to ensure ongoing protection. Options for these and the Ministry of Health’s preferred option are discussed next.

6 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Permanent Regulation of Imported Bovine Products Potentially Contaminated with the BSE Agent

Provisions in the Food Act 1981, when combined with administrative procedures, provide three clear options for the management of imported foods.

Option 1: Section 9(4) of the Food Act 1981

The Food Act 1981, section 9, requires that all food sold in New Zealand must be safe and fit for human consumption. In relation to imported food, the obligation to comply with the Food Act lies with the importer and subsequent seller of the food. Reliance on section 9 only means that there would be no inspection of food at the border. Health Protection Officers (HPOs)11 could identify non-complying food product after release and distribution in the marketplace, and take enforcement action if necessary.

Option 2: Section 9(4) and section 24 of the Food Act 1981

While importers and sellers of food have a responsibility to ensure that food that they import and, or sell is safe (section 9), under section 24 Health Protection Officers can inspect imported food consignments to confirm the food product’s safety (compliance with the Act). The Ministry of Health can request that the Customs Department identify certain foods and advise the Ministry of Health when they are imported. This enables inspection at border prior to release and distribution in the marketplace. Food products not considered safe for human consumption could be disposed of or returned to their place of origin, at the expense of the importer.

Option 3: The New Zealand (Mandatory) Food Standard 1997 and sections 11P, 11D and 9(4) of the Food Act 1981

Importers must provide evidence that food products that may potentially pose a high risk of illness are in fact safe for human consumption, before release into New Zealand, if they are declared as ‘prescribed foods’ (section 11P). High-risk foods can be listed in the New Zealand (Mandatory) Food Standard 1997 as ‘prescribed foods’ together with the condition(s) that make the foods high-risk, and for which they can be monitored (section 11D).

11 Health Protection Officers, employed by Public Health Services, are designated officers under the Food Act 1981. They are the field arm of the Ministry of Health, directly involved with public health protection and enforcement of health issues.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 7 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Comparison of the three options for the ongoing management of imported food products containing BSE

The preferred option should protect public health while not imposing unjustifiable restrictions on trade. It should also accord with New Zealand’s international obligations. In addition, costs of the administration of the import control regime should be borne by those who benefit from the importation of bovine products. The regime also needs to be flexible, to allow it to adapt to new information.

The Office International des Epizooties provides an international standard for the trade in animal and animal products to manage the BSE risks affecting animals. There are no international standards set for food products to manage vCJD risks that may affect humans. Various countries have introduced controls to protect public health. New Zealand has needed to develop its own import controls for food products to ensure food is safe for human consumption.

Consistency with international practice and New Zealand’s treaty obligations

New Zealand has a number of international commitments. New Zealand is a signatory to the Marrakesh Agreement, which established the World Trade Organization. New Zealand can establish any import condition necessary to protect the life and health of its human and animal populations.

As BSE does not exist in New Zealand, the regime proposed is for imported foods only. New Zealand is monitoring what other countries are doing and is attempting to develop a science-based and transparent system that treats countries with similar risks in similar ways.

Protection of public health, restrictions on trade and cost

Table 1 provides a comparison of the three options in relation to the protection of public health, unnecessary restrictions on trade and cost.

8 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Table 1: Comparison between the three options in relation to the protection of public health, unnecessary restrictions on trade and cost

Option Protection of public health Prevention of trade Cost restriction

ONE ?? Relies on importers to carry out ?? Restrictions ?? Enforcement costs assessment of the products safety applied (sampling, analysis and Section 9 of to their own standard. individually by the legal) at the Crown’s the Food Act ?? Standards applied may not be clear importer based on expense. and may not be applied consistently. their assessment ?? Onerous burden on of public health ?? No border inspection, no active HPOs to prove that and safety food is unsafe. monitoring, safety relies on issues. assessment by HPOs after the ?? Possible public health product is distributed in the costs if BSE-infected marketplace. products enter New ?? Highest probability of unsafe product Zealand. entering the marketplace. ?? Lowest level of food safety assurance. ?? High potential for adverse public health impact.

TWO ?? Obligation on importers to declare ?? Notification of all ?? Enforcement costs entry of imported bovine products to imported foods (sampling, analysis and Sections 9 the Customs Department/Ministry of containing bovine legal) at the Crown’s and 24 of the Health. material is expense. Food Act ?? Clear and consistent standard required but only ?? Onerous burden on applied for all importers, custom products from HPOs to prove that officers and HPOs. risk countries will food is unsafe. be inspected. ?? Border inspection prior to release in ?? Importer pays for the the marketplace. re-export of rejected ?? Lower probability of unsafe product consignments. entering the marketplace. ?? Higher level of food safety assurance. ?? Lower potential for adverse public health impact.

THREE ?? Importers must provide evidence of ?? As for Option ?? Enforcement costs the safety of imported foods. Two. (sampling, analysis and Section 11P ?? Clear and consistent standard legal) at the Crown’s of the Food expense. Act applied for all importers, custom officers and HPOs. ?? Costs of providing the ?? Inspection prior to release in the evidence of a food marketplace. products safety lies with the importer. ?? Lowest probability of unsafe product entering the marketplace. ?? Under the Food Fees and Charges ?? Highest level of food safety Regulations 1997 an assurance. Health Protection ?? Lowest potential for adverse public Officer’s time spent health impact. inspecting prescribed foods and clearing them for release can be charged to the importer.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 9 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Preferred Option

The Ministry of Health’s preferred option is Option Three, to include bovine food products in the New Zealand (Mandatory) Food Standard 1997 (ie, declare bovine food products to be prescribed foods). This option: ?? protects public health – all bovine products potentially at risk of carrying the BSE agent can be checked for compliance at the border or prior to entry into New Zealand ?? does not impose unnecessary trade restrictions because in practice the decision to restrict bovine material regarded to be of risk will be based on a scientific assessment of the information available ?? is consistent with New Zealand’s international obligations, as decision making on what countries will be regarded as at-risk and high-risk bovine material will be based on a scientific assessment of the information available and the process will be transparent ?? imposes the costs of ensuring compliance on those who gain directly from the importation and sale of bovine products ?? is flexible, as widening the scope of products declared as prescribed foods, from beef to bovine products, in the New Zealand (Mandatory) Food Standard 1997 allows administrative procedures to be put in place to quickly adapt to new information.

Bovine products

The term ‘bovine products’ is proposed rather than the current term ‘beef and beef products’. This will include food products from all bovine animals: cattle, buffalo and bison. Bovine animals other than cattle (eg, buffalo, bison) are seen to have the potential to present a similar BSE risk should they be intensively fed MBM. A case of BSE in a bison has been identified. Various countries are looking at exporting bovine meat products to fill the void created by beef.

Including all bovine animals allows scope for the Ministry of Health to query the origin and management of BSE in countries should their products be imported into New Zealand in the future.

Bovine products is used in the widest sense and can include, by way of example, prepared , meat preparations, dietary supplements, canned meat, manufactured meat, meat extracts, meat product ingredient, and milk and milk products.

Proposed amendment to the New Zealand (Mandatory) Food Standard 1997, to include bovine products as prescribed foods

The following addition to the table in the New Zealand (Mandatory) Food Standard 1997 is proposed.

10 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Food Condition

Any meat or other food product of a bovine animal, and any food Bovine spongiform product derived from or containing the meat or products of a bovine encephalopathy (BSE) animal.

Proposal to consult on certification procedures to be developed

If the Ministry of Health’s preferred option is adopted the Ministry proposes to maintain its present procedures (Appendix A) until new certification procedures are finalised. These will be subject to separate consultation, as to their nature and intent. The proposal will specify: ?? the basis on which New Zealand authorities will make decisions about risk of BSE associated with bovine products ?? what bovine products will be considered to pose a risk to the health of New Zealanders and therefore be subject to monitoring ?? the criteria on which countries are categorised as to their BSE status ?? countries that are considered to be of risk of having BSE in their bovine animals ?? which types of bovine products from specified countries will be subject to controls.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 11 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Consultation Questions

These consultation questions have been written to cover the key issues as identified by the Ministry of Health. They do not preclude – nor are they intended to preclude – comments on any other topic.

Question 1 Do you agree that restrictions on beef and beef products be extended to cover all bovine animals?

Question 2 Do you agree that the range of bovine products covered by a mandatory food standard should be defined as widely as possible, to enable wide coverage and flexibility in monitoring foods potentially contaminated with BSE? The mandatory standard is intended to cover dietary supplements.

Question 3 Do you agree that it is necessary for all bovine products to be assessed for the condition ‘BSE’, prior to their release for sale within New Zealand?

Question 4 Do you agree that importers of bovine products should bear the costs associated with assessing and clearing these products? Please provide reasons for your answer.

Question 5 Do you agree that the best option for managing, on a ongoing basis, the import of BSE infective bovine products that may carry the BSE agent is to declare these products to be prescribed foods in a permanent food standard, in particular the New Zealand (Mandatory) Food Standard 1997? Please provide reasons for your answer.

Question 6 Do you agree that the amendment to the New Zealand (Mandatory) Food Standard 1997 proposed above adequately addresses the full range of issues that need to be covered by a prescribed food standard? Please provide reasons for your answer.

Question 7 Would you like to be involved in the consultation regarding the certification procedures?

12 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Appendix A: Current Import Restrictions for Beef and Beef Products

Introduction

The Ministry of Health has identified 30 high-risk countries as having inadequate controls or surveillance programmes to manage BSE.

Risk countries affected by imported food suspension

Albania Iceland Austria Ireland Belgium Italy Bosnia Herzegovina Liechtenstein Bulgaria Luxembourg Croatia Oman Czech Republic Poland Denmark Portugal Federal Republic of Yugoslavia Romania Finland Slovak Republic Former Yugoslavia of Macedonia Slovenia France Spain Germany Sweden Greece Switzerland Hungary The Netherlands

Beef or beef products are monitored from the risk countries but excludes the following: ?? dairy products, eg, cheese, milk powder, infant formula, casein and caseinates ?? and products containing gelatin, eg, sweets and confectionery, chocolates, icings and sweet fillings, deserts and yoghurt ?? beef tallow and derived products, eg, dripping, manufacturing margarine derived from beef fat, breads, biscuits ?? cakes, pastry and bakery products, deep fried products fried in beef fat or oil ?? pharmaceuticals, some dietary supplements and cosmetics (hereinafter referred to as ‘beef or beef products’ and noting the above exclusions).

This managed food rule replaced food rule number 18a – Beef and beef products from the United Kingdom (2 April 1996).

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 13 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Numerous products have been identified that may contain beef or beef products. The New Zealand Customs Service has been asked to stop these products of risk countries origin on the Ministry of Health’s behalf to enable the public health units to monitor products prior to them being sold New Zeala nd.

The New Zealand Customs Service have added a question to the entry declaration that asks if the product contains beef or beef products. If the answer is ‘no’ the product will not be required to obtain a health permit. This should eliminate most inadvertent captures, however there will be a few products for which there may be uncertainty which will need specific clearance.

The list of tariff codes affected by the suspension can be found in Appendix B.

The tariff codes will capture a wide variety of products and designated field staff need to consider and be satisfied in all cases that products from risk countries do not contain beef or beef products.

Criteria for clearance

Foods that contain meat products from non-bovine sources and some non-meat products may be captured with the flagged tariff codes. There is a need to confirm these food products do not contain beef or beef products, eg, pork sausages.

There are three categories of products that will be captured by the flagged tariff codes.

Food that does not contain beef or beef products Designated field staff need to confirm that there is no beef or beef products in the detained consignment. A manufacturers or importers declaration will suffice for this purpose and should be accepted unless a beef product is listed on the ingredient list.

Food that does contain beef sourced from non-risk countries Certification may be accepted by designated field staff provided it is from a recognised certifying government agency in the country of origin. The certificate should attest that beef in these products have not been sourced from risk countries. At the present point in time, the Ministry does not have a list of certifying government agencies but will build a list over time.

Food that contains beef from risk countries These products are prohibited entry until such time as formal certification arrangements for risk countries beef products have been defined and agreed with Australia. Until certification arrangements have been clarified (and this may take some months), importers need to look at their disposal options detailed below.

14 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Action on detained product

Options for action in relation to detained product stopped at the border are as follows:

1 Isolation and storage of product The designated field staff shall supervise the isolation and storage of the product by the importer. Product may be marked (eg, use Ministry tape on pallets), seized and detained if the officer deems this necessary, otherwise the importer should be requested to confirm the volume and location of detained product on a monthly basis.

2 Destruction/disposal An appropriate method of disposal (eg, deep burial under supervision). Note BSE is suspected of being spread in meal fed to cattle and is unlikely to be destroyed by heat treatment therefore products should not be allowed to be further processing within New Zealand or converted into animal feed.

3 Re-export Re-export to another country. A written confirmation that importation is acceptable is required from the appropriate government authorities in the country expected to receive this product if this is different to the country of origin. Details of re-exported products including shipping details need to be forwarded by designated field staff to the Ministry of Health – Food Administration Section to liaise with foreign government agencies. Re-exportation should occur within 60 days of detention.

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 15 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Appendix B: List of Tariff Codes Affected by Import Suspension

Note: Brief examples appear after each series in italics.

Tariff reference Description

2.01 Meat and edible offal – bovine meat, fresh or chilled

2.02 Meat and edible offal – bovine meat, frozen

0206.10.00 Meat and edible offal – edible offal of bovine animals, fresh or chilled

0206.21.00 Meat and edible offal – tongues

0206.22.00 Meat and edible offal – livers

0206.29.00 Meat and edible offal – other

0210.20.00 Meat and edible offal – salted dried etc meat of bovine animals

210.9 Other, including edible flours and meals of meat or meat offal

Chilled boneless beef, bone in , beef chilled beef , veal chops (frozen), bone in beef, frozen pancreas glands, frozen beef tails).

0504.00.00.11A Guts, bladders etc – bovine – sausage casings

0504.00.00.51L Guts, bladders etc – , beef and veal

0504.00.00.89H Guts, bladders etc – other

0506.90.00.01C and horn-cores etc – bone meal or powder

Calf vells, sausage casings from bovine, bone meal.

16.01 Sausages and similar products etc

1602.10.01.00A Other prepared meat etc – homogenised preparations – in airtight cans or jars – in combination with vegetables or other food substances – meat pastes

1602.10.09.01L Other prepared meat etc – homogenised preparations – – in airtight cans or jars

1602.10.09.11H Other prepared meat etc – homogenised preparations – tongues – other kinds – in airtight cans or jars

1602.10.09.29L Other prepared meat etc -homogenised preparations – other – in airtight cans or jars

1602.10.19.00H Other prepared meat etc – homogenised preparations – otherwise packed

1602.20.01.00E Other prepared meat etc – of liver of any animal – Pates de poie gras

1602.20.09.00F Other prepared meat etc – of liver of any animal – other

1602.50.01.00F Other prepared meat etc – bovine animals – in airtight cans or jars – in combination with vegetables etc meat pastes

1602.50.09.01E Other prepared meat etc – of bovine animals – in airtight cans or jars – corned beef

1602.50.09.09L Other prepared meat etc – of bovine animals – in airtight cans or jars – tongues

1602.50.09.19H Other prepared meat etc- bovine animals – in airtight cans or jars – other

1602.50.19.00B Other prepared meat etc – otherwise packaged

16 Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent This paper has been prepared for consultation only and does not represent the policy of the Ministry of Health or any other organisation.

Tariff reference Description

1602.90.01.00L Other prepared or preserved meat – preparations of blood

1602.90.11.00F Other prepared meat etc – in airtight cans or jars – other – in combination with vegetables etc meat pastes

1602.90.19.19H Other prepared meat etc – in airtight cans or jars – other

1602.90.29.00B Other prepared meat etc – otherwise packaged – other

1603.00.01.01D Extracts and juices of meat etc – extracts

1603.00.01.09K Extracts and juices of meat etc – other

Pepperoni sausage, salami, bier sticks, sausages, stews etc, liver paste, tinned beef, meat loaf, beef extract, meat based seasonings.

1902.20.00.00H Stuffed pasta, whether or not cooked etc

1902.30.01.01F Other pasta in combination with other food stuffs – dried noodle cake with flavour sachet

1902.30.01.09A Other pasta in combination with other foodstuffs – other

2103.90.00.01D Sauces and preparations – other sauces not elsewhere specified

2103.90.00.11A Sauces and preparations – mixed condiments

2103.90.00.19G Sauces and preparations – mixed seasonings

2103.90.00.29D Sauces and preparations – other

2104.10.09.41K Soups and broths and preparations – meat

2104.10.09.49E Soups and broths and preparations – other

2104.20.00.00J Soups and broths and preparations – homogenised composite food preparations

2106.10.01.00H Food preparations not elsewhere specified – textured vegetable protein

2106.10.09.00J Food preparations not elsewhere specified – other

Food preparations not elsewhere specified – mixtures of chemicals and foodstuffs 2106.90.90.01H etc

2106.90.90.79D Food preparations not elsewhere specified – other

Soup preparations, meat soup bases, stock, some dietary supplements, flavourings, beef powder.

29.36 Provitamins and vitamins etc

Vitamin B1 and its derivates, pyridoxine hydrochloride.

35.07 Enzymes etc (trypsin, pancreatin, rennet).

Proposal for a Legislative Change to Provide Ongoing Management of the Human Health Risks 17 Associated with Imported Food Products Contaminated with the Bovine Spongiform Encephalopathy Agent