Role of Industry Self-regulation in Phytosanitary Compliance Andrew Edewa, PhD National Technical Working Group in Horticulture, Kenya

Horticulture Technical Working Group: Who we are National Technical Body Members from Private and Public Sector Addresses Industry concerns professionally in a public-private arrangement

Introduction Countries require that imports comply with their national phytosanitary regulations to protect plant health as well as the natural environment within their territory Phytosanitary regulations are important to allow for the smooth movement of goods world wide However, these regulations pose challenges to traders from exporting countries

Role of Public Sector International Agreements governing national phytosanitary regulations include GATT 1994, SPS Agreement & IPPC) Phytosanitary regulations from standard setting to conformity assessment and monitoring have been assigned a public task which is carried out by government authorities

SPS Agreement and IPPC GATT 1994 (Art XX) Risk Assessment Higher than IPPC Risk Assessment Precaution (Art 5.7 SPS) Based on ISPMs by IPPC

Role of Private Sector The private sector needs to comply with phytosanitary requirements: it is usually the private sector that is actively involved in handling phytosanitary risk within the chain.

Case of the US Plant Health Protection In the US plant health protection and quarantine fall under the auspice of the United Sates Department of Agriculture (USDA) Within USDA the Animal and Plant Health Inspection Service (APHIS) aims to safeguard agriculture and natural resources & to support trade and exports of US agri-food products. Being a member of IPPC, the US follows the IPPC in its plant health legislation (also within the North American Free Trade Agreement, NAFTA).

Self-Regulation in the US In general, Section 7 Agriculture, part 353 of the US Code of Federal Regulations (7 CFR 353.7) covers certificates for exporting plants and/or plant products. Phytosanitary certificates for exporting contain a standard wording and format so that the essential information is reported and easily found, including information about the validity of the documents. Industry (e.g. for wood products) implements all requirements and issues industry-certificates APHIS then issues phyto as necessary.

Case of EU: Firms' responsibility in EU food safety regulations Regulation (EC) 882/2004 describes how official controls should be implemented in the EU member states. Frequency of official controls should be regular and proportionate to the risk, taking into account the results of the checks carried out by food business operators based control or quality assurance programmes. In general, there is a change of focus from the simple verification of compliance of a product or premises to an evaluation of the controls that have been put in place to address food-borne disease risk factors.

Self-Regulation in the EU It is the competent authorities that perform official controls in the EU. Independent third parties could generally be involved in official controls, but it needs to be notified. The competent authorities are only allowed to delegate specific tasks related to official controls to one or more third party if certain criteria, such as independence, competence, qualification of staff, are fulfilled (see Regulation (EC) 882/2004, Art. 5).

How is a Self-regulatory mechanism administered?

Self-regulation Approach Incorporation of Official Controls into current Production Systems Implementation by Private sector Self-regulation mechanisms Audits & certification by NPPO

All Producers including those producing for local market Identification and Registration of Producers All Producers including those producing for local market Identify all Host Plants Introduce traceability systems

All sites intended for production of fruits and vegetables Map out sites production sites All sites intended for production of fruits and vegetables Establish Farm Plans Develop Crop Production Schedules

Develop Pest Management Strategy Strategies to manage identified pests Preventive Measures Control Measures Integrated Measures Farm-wide and Area-wide Strategies

Training on Pest Management Continuous training of management and personnel Employing trained and competent personnel Using the services of experts and consultants with regard to crop protection

Investments for effective Pest control Infrastructure and trained staff Insect Traps Physical Barriers e.g. shade nets and greenhouses/tunnels Selected pesticides and bio-control agents Fumigation facilities Cold treatment for fresh produce Inspection transport and storage facilities Fumigation with approved products Cold Chain for unprocessed/Raw Produce (avoid cold treatment for dry capsicums) Traceability tools and recordkeeping

Implementation of protocols Regular Scouting and monitoring Pest Control Procedures Traceability and record keeping Area-wide Approach Value Chain Approach Public-Private Collaboration

Establish Conformity Assessment Systems Integrate the Strategy into Quality Management System Assured Produce Schemes On-farm Self-Assessment Tools Industry Self-Regulatory Framework Pest Surveillance along the value chain Official Inspections and approval by NPPO or appointed agency Annual Audits for all Production Sites and Regions

Public/Private Arrangements Private Sector Quality Standards for end-product X Standardization of production processes Implementation of SPS regulations Quality of Product Testing and Research Process Controls Conformity Assessment Certification