Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Case Studies: Canadian Food Safety and SPS Systems - Raw Milk Cheese Canada-Indonesia Trade and Private Sector Assistance (TPSA) Prepared by: Yvon Bertrand May 2016 1
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Background • Multi-level Governance in Domestic Regulatory Conflict (Canadian Federal Food and Drug Regulations vs Quebec Province Regulations) • Shared Competency over Food Safety and Health Regulations • Opportunity to Engage in International Standards Setting for Federal Level Officials to Assert Their Preferred Policy Outcome and Attempt to Impose It in the Context of Shared Competency 2
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Chronology of Events 1996 • Health Canada proposed regulations amendment so all cheese for commercial sale be produced from pasteurized milk after food-borne illness outbreaks linked to raw-milk cheese (removing allowance if aged for sixty days with specific moisture and inspection requirements). • Codex began multilateral negotiations given the prevalence of food-borne illness associated with raw milk-cheese components to set standards on best available scientific information. • Commercial cheese producers in Canada lobbied the government to act by fear of food scares and damaging the whole industry. 3
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Risk Assessment • Milk is an easily perishable material that can be contaminated by pathogens making it unsuitable for processing or for human consumption; • In immunocompromised people (e.g. infants, elderly, pregnant women), the risk is far greater as pneumonia and meningitis can develop and lead to possible death 4
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Chronology of Events • Codex Committee on Food Hygiene (October 1996) had Canada supporting USA that called for pasteurization of milk used in cheese production. • Health Canada abandoned domestic efforts to reach a compromise and instead pursued an international standard through Codex Alimantarius. • Attempt was made to achieve the desired level of protection supported by large cheese industry and passing responsibility to an unaccountable international entity and avoid domestic political divisions and limit Quebec’s discretion. 5
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Roles of Codex, OIE and IPPC • Promoting international cooperation through the harmonization of standards • Creating an International forum to deal with regulatory issues between countries. • Helping to reduce the use of food safety regulations as non-tariff barriers through setting basic health and safety standards for the production of goods. • Adding a new level of decision-making to be taken into account in domestic regulatory policy. 6
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Reaction • Political issue as Quebec tradition of consuming and producing raw-milk cheese and opposed the proposed regulations for cultural and economical reasons. • Quebec Provincial officials argued for greater inspections and testing. • Cheese tasting for MPs held in Ottawa in May 1996. • EU was threatening to enter into a WTO trade dispute if Canada proceeded with the measure 7
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Reaction • Canadian government responded that the measure was scientifically justified. • On May 1, 1996, EU registered a specific trade concern(STC) at the WTO SPS Committee. EU position was consistent with international standards that were in existence • Finally at the end of 1996, Canadian Scientific Expert Advisory Committee (appointed by Health Canada) did not advocate for pasteurization. 8
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Reaction • After years of discussion, Codex officials were careful to acknowledge the differing food safety systems and wrote ‘A wide range of food safety approaches exist for the production of raw- milk products (2004:13)’. This was accepted by all parties and came into effect in 2004. 9
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Risk Mitigation • Primary Production • Establishment (Design, Maintenance and Sanitation) • Control of Operation • Personal Hygiene • Transportation • Product Information and Awareness • Training 10
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Raw Milk Standards Across the World • United States of America • European Union • United Kingdom • New Zealand • Japan • Australia 11
Canada-Indonesia Trade and Private Sector Assistance Project (TPSA) Case Study: Raw Milk Cheese Questions / Comments 12
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