U.S. regulations on bioterrorism concern Minister

Yvonne Jones, Minister of Fisheries and Aquaculture is attending meetings with Nova Scotia Minister of Agriculture and Fisheries Gordon Balser and the United States Consul Steven Kashkett in Halifax today to discuss the impacts of new regulations under the United States Bioterrorism Preparedness and Response Act of 2002. "The Government of Newfoundland and Labrador is concerned about the potential impacts of the regulations," said Minister Jones. "These regulations could significantly impact the seafood industry and related shipping and trucking businesses that operate in our province. Given this, I have made my views known to the United States Food and Drug Administration (USFDA)."

The Newfoundland and Labrador Minister of Fisheries and Aquaculture and Nova Scotia�s Minister of Agriculture and Fisheries outlined their concerns to the Consul General. "We have indicated to the United States government that we want an opportunity to reinforce these issues prior to the implementation of regulations. Seafood processors in the province of Newfoundland and Labrador sell a large portion of their production in the United States. There are specific considerations that need to be addressed before these regulations come into effect," said Minister Jones.

The new regulations will require new systems to be put in place. Government and industry understand the importance that the American people have placed on a secure and safe food supply. The Department of Fisheries and Aquaculture in our province has proposed modifications that will maintain this integrity while, at the same time, help ensure the movement of goods between our borders.

The changes proposed by the Department of Fisheries and Aquaculture, for the most part, mirror the industry response prepared by the Fisheries Council of Canada. The proposed amendments focus on changes to the prior notification period, allowing companies to register all their facilities under one number, allowing the exporting company to file the necessary documentation and, amendments to the rule of originating country.

Under the rules proposed by the USFDA each individual facility would have to be registered under a separate number. Many of the fish companies in Newfoundland and Labrador operate more than one facility and having more than one registration number would cause logistical and cost problems. The proposed rule would make storage and transport of products from different facilities difficult and expensive.

The regulation for prior notice would cause many problems for companies that ship fresh or live product such as lobster or mussels. The minister�s proposal to the USFDA provides more flexibility.

The Newfoundland and Labrador Minister said, "The regulation that will have a significant impact is the 24 hour notice before arriving at the border. The U.S. government wants prior notice to be submitted no later than noon of the calendar day before the date the food arrives at the border crossing. There has to be special consideration given for live and fresh product. We are proposing that the regulations allow shipments of live products to the U.S. border to be preceded by a prior notice to FDA of no less than four hours before the shipment arrives at the border point. For fresh product, the four hours notice could still allow for inspection action at the border on these fresh and live products without losses in economic value of the product and risks of spoilage and yields. Many shippers are close to the border and the current draft rules could result in losing a day between loading and notifying FDA and entry into the U.S."

The USFDA regulations would require each company to have an agent in the U.S. file the necessary shipment information. The changes proposed by Minister Jones would allow the exporter to file the required information. The minister also requested that the World Trade Organization rules for originating country be applied by the USFDA under their new regulations.

Premier Grimes, and the other Atlantic Premiers have written Deputy Prime Minister John Manley, highlighting their concerns about the proposed regulations. The Atlantic Premiers recognize the potential impact of the new regulations on fish processors and food companies in general.

Minister Jones noted that fish processors in this province must follow the developments of these USFDA regulations very closely. Companies need to put in place the systems necessary to meet the requirements of these new regulations. Companies not registered by December 3, 2003, will not be able to ship product into the United States. As well, the failure of a company to follow the bioterrorism regulations could be very costly if shipments are refused access at the United States border.

Media contact: Cynthia Layden-Barron, Communications, (709) 729-3733.

2003 04 04                                       3:40 p.m.