Arrangement Concerning the Export of Raw, Roe-on, Farmed Scallop Products from Chile to Canada (hereinafter referred to as the Arrangement)

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Between: The Canadian Food Inspection Agency (CFIA) represented by the Fish, Seafood and Production Division (hereinafter referred to as CFIA)

And: The National Fisheries Service of Chile, represented by the Fisheries Health Department (hereinafter referred to as SERNAPESCA)

Hereinafter referred to collectively as the Parties;

Desiring to facilitate the export of raw roe-on farmed scallop products from Chile to Canada in a manner that protects consumers from hazards that may be associated with these products, and provides assurance that they meet microbiological, chemical and toxicological Canadian requirements, the Parties have concluded the following Arrangement.

Notwithstanding the above, raw roe-on farmed scallop products exported from Chile to Canada must meet all other applicable Canadian requirements.

1. Definitions

For the purposes of this Arrangement:

Farmed Scallops - means bivalve molluscs belonging to the family Pectinidae, for which there has been some form of intervention in the rearing process to enhance production, such as regular stocking, feeding, protection from predators, etc.

Roe-on scallop products - means the adductor muscle and roe of scallops free of viscera, intended for human consumption, including chilled and frozen roe-on scallops.

2. Certification, List of Certified Shippers and Harvest Sites Approved for Export to Canada

2.1 The SERNAPESCA will provide the CFIA with a list of certified raw roe-on farmed scallop product shippers and those aquaculture harvest sites approved to export their products to Canada, based on article 2.2 c). The SERNAPESCA will update this list as needed.

2.2 Each consignment of raw roe-on farmed scallop products exported from Chile to Canada must be accompanied by a certificate issued by an authorized officer of SERNAPESCA (hereinafter referred to as the Certificate) in accordance with the model set out in Annex B, certifying that:

1. the products in the consignment meet Canadian microbiological, chemical and toxicological requirements as outlined in the Fish Products Standards and Methods Manual.
2. the product originates from aquaculture harvest sites approved for export to the US, as stated in the Molluscan Bivalve Health Program, Section 1; and
3. the shipper is included in the United States Interstate Certified Shellfish Shippers List (hereinafter referred to as the ICSSL)

3. CFIA Inspection Approach for Consignments of Raw Roe-on Farmed Scallop Products from Chile

3.1 Consignments of raw roe-on farmed scallop products exported from Chile which are accompanied by the certificate outlined in article 2 will be subject to product verification on arrival as per the CFIA Fish Products Inspection Manual - Policies and Procedures, Chapter 3, Subject 1, Imported Fish and Fish Products Inspection.

3.2 Consignments of raw roe-on farmed scallop products exported from Chile without the certificate outlined in article 2 will be refused entry into Canada.

3.3 As required by sub-section 6.5(2) of the Fish Inspection Regulations, raw roe-on farmed scallop products that are on the Import Alert List because they failed an inspection will be held and undergo the same type of inspection until there are four consecutive compliant shipments.

4. Audits

4.1 The CFIA may visit sites which are involved in the export of raw roe-on farmed scallop products for the purpose of auditing whether the inspection and control systems meet the requirements set forth in article 2.2, and verifying that applicable elements of this Arrangement are being met.

4.2 The SERNAPESCA intends to use reasonable efforts to facilitate the visits by the CFIA.

4.3 The cost of on-site visits will be the responsibility of the CFIA.

5. Notification and Exchange of Information

5.1 Notifications and exchanges of information will be made to the contact points identified in Annex A.

5.2 Where one of the Parties identifies a matter of serious and immediate concern related to public health or consumer protection as a result of any activities carried out under this Arrangement, it will immediately notify the other Party orally and confirm the notice in writing within 24 hours.

5.3 Consultations regarding a situation referred to in article 5.2 will, on the request of either side, take place as soon as possible and in all cases, within 14 days. Subject to relevant access to information and privacy legislation, the Parties will endeavour in such situations to provide all necessary information to avoid disruption in trade, and to reach a mutually acceptable solution.

5.4 Within reasonable time frames and subject to relevant access to information and privacy legislation, the CFIA will provide information on any raw roe-on farmed scallop products certified by SERNAPESCA that are found not to be in compliance with the requirements of the CFIA, including information on identification and description of the lot, the reason(s) for the rejection, dates, and procedures for sampling and analysis. SERNAPESCA will, within a reasonable time frame and subject to relevant access to information and privacy legislation, respond by providing information regarding any follow-up investigation including information on the cause of the problem and the corrective actions undertaken by both the producer and SERNAPESCA to prevent re-occurrence of the problem.

5.5 Subject to relevant access to information and privacy legislation, SERNAPESCA will provide information regarding any lots of raw roe-on farmed scallops found to be in non-compliance after exportation, including information on identification and description of lot, reason for non-compliance, consignee(s), and dates.

5.6 Subject to the relevant access to information and privacy legislation, the Parties will exchange information concerning the implementation of this Arrangement so as to engender confidence and to demonstrate the effectiveness of the inspection and control systems governing the processing, packaging, handling, or export of raw roe-on farmed scallop products.

5.7 The information referred to in article 5.6 will include introduction of new requirements or changes in existing requirements, which may affect this Arrangement, in advance of their adoption such as, i) legislation, ii) policies, procedures and guidelines, concerning enforcement and inspection, iii) methods and procedures for sampling and analysis, and iv) other measures as appropriate.

6. Administration

6.1 This Arrangement will become effective on January 1, 2007.

6.2 This Arrangement may be modified by the mutual written consent of both Parties.

6.3 The Parties will notify each other, within a reasonable time frame, of any changes to the information contained in Annex A.

6.4 The Annexes will constitute an integral part of this Arrangement.

6.5 The Parties will meet at least once every two years to facilitate the administration of this Arrangement. Wherever possible the Parties will plan these meetings to be held concurrent with other international meetings where both sides will be in attendance, concurrent with visits or by conference calls.

6.6 Each Party intends to bear the expenses of its participation in the meetings. When the meeting is held in the country of one of the Parties, the organisational costs will be borne by the hosting Party.

6.7 The Parties will evaluate the operation of this Arrangement as required.

7. Other Provisions

7.1 Nothing in this Arrangement prevents or compromises either of the Parties from carrying out their respective statutory responsibilities.

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Annex A - Competent Authorities and Contacts

A. National Fisheries Service of Chile

The SERNAPESCA is the authority responsible for the safety of fish products exported from Chile.

Director National Fisheries Service
Victoria 2832
Valparaiso, Chile

Phone: +56-32-2819402 / +56-32-2819412
Facsimile: +56-32-2256311
e-mail : imontalva@sernapesca.cl

Alternate:

Head
Fisheries Health Department
National Fisheries Service
Victoria 2832
Valparaiso, Chile

Phone: +56-32-2819202 / +56-32-2819203
Facsimile: +56-32-2819200
e-mail: csolis@sernapesca.cl

B. Canadian Food Inspection Agency

The Canadian Food Inspection Agency is the body responsible for the federal registration of fish-processing establishments and the inspection and certification of fish and fishery products for export.

Director
Fish, Seafood and Production Division
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario,
Canada
K1A 0Y9

Phone: 613-773-6232
Facsimile: 613-773-5959
e-mail: maryann.green@inspection.gc.ca

Alternate:

National Manager, Inspection Systems and HACCP
Fish, Seafood and Production Division
Canadian Food Inspection Agency
1400 Merivale Road
Ottawa, Ontario,
Canada
K1A 0Y9

Phone: 613-773-6254
Facsimile: 613-773-5959
e-mail: rick.grant@inspection.gc.ca

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Annex B - Certificate to Export Raw Roe-on Farmed Scallop Products from Chile to Canada

Specimen PDF (944 kb)