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| Agenda Item 5 | Conference Room Document 26 English only |
FAO /WHO REGIONAL CONFERENCE ON FOOD SAFETY FOR ASIA AND THE PACIFIC
Seramban, Malaysia 24 – 27 May 2004
Food Safety Legislation – Science and Risk Based Approaches to Harmonization
Sri Lanka
All countries should have an effective Food Control Administration System to ensure that the food reaching the consumers is safe from farm to the fork. Food legislation is one of the important tools to ensure that not only the food is safe, but also honestly presented. If an organized food control system is not effectively supported by a regulatory system, deceptive practices in the food trade are bound to take place.
Considering the implications arising out of WTO negotiations and the prescribed SPS measures under the Agreement, all member countries are expected to harmonize their legislation taking into account of the Codex guidelines and model legislation as reference. This would also facilitate international trade in food. Provision is also made to deviate from such guidelines and models with justification, depending on the national requirements.
In the light of the above background Sri Lanka found it necessary to review the current Food Act No. 26 of 1980 and its subsequent amendment and several regulations published under the Food Act and also to draft a number of new regulations relating to food safety areas that have not been covered earlier. Sri Lanka is also is actively collaborating with the FAO in the current process of harmonization of Food Regulations in the SAARC Region.
Harmonizations of Food Regulations in the SAARC countries were initiated in 1998 by the FAO in collaboration with ILSI-India and assisted the countries of the region in their effort modernize the food control systems and activities. A series of seminars were conducted in which members of the Food Control Administration systems in the SAARC countries participated and exchanged useful information.
Simultaneously Sri Lanka initiated action to revise / review the existing Food Regulations in keeping with the guidelines of the Codex Alimentarius Commission and other texts to ensure that a set of science-based, risk-based regulations are in place to strengthen the country's regulatory system with the assistance of a national consultant and prepared a complete set of draft regulations under the following titles:
It has been emphasized that a risk-based approach should include Risk Analysis, Risk Characterization, Risk communication and Risk Management. Even though capacity building within the national food control system should be enhanced to cope up with the prescribed trends, attention was paid to enshrine the principles within the Food Laws. Action is increasingly being taken to publish all existing food laws and finalized draft laws in the web (http://www.health.gov.lk/). Seminars and workshops are being held to all the stake-holders – regulatory officials, consumers, food industries, food trade and other interested groups. Feed-backs from the participants are discussed at the Food Advisory Committee level before being published in the form of official documents. This process not only ensures transparency, but also provides valuable information leading to several amendments.
One example is the food hygiene regulations relating to food handling / catering establishments in the country. During a discussion on the draft Food Hygiene Regulations it transpired that catering establishments – particularly the medium and small type restaurants are established on ad-hoc basis and attempts are subsequently to regularize. Most of these establishments did not conform to the required hygienic standards under the regulations and it becomes virtually impossible for the regulators to bring them into conformity. The regulation itself did not have any pre-establishment requirements. As a result of this feed back, the Food (Hygiene) Regulations are being re-drafted to ensure that all new establishments obtained prior approval / registration and they should satisfy conditions stipulated in the regulations before commencement.
Transparency is the is the key objective of the risk analysis approach and its importance cannot be over-emphasized as reflected in the Codex Statement of Principles relating to Food Safety Risk Assessment, the Codex Committee on Food Hygiene (CCFH).
Applying these principles it is envisaged to appoint a permanent committee for risk assessment of imported food as well as food in the local market and to prescribe measures for sampling, analysis, characterization and communication. The risk management part would be undertaken by the Food Control Administration Unit under the guidance of the Chief Food Authority. All identified risks would be communicated to all stake-holders, nationally and internationally through electronic and printed media and also through publication in the Health Ministry Website: http://www.health.gov.lk/ A quarterly “Food Safety News” bulletin is being published from the Food Control Administration Unit with the WHO assistance.
There is an acute shortage of properly trained personnel – particularly Food Inspectors, Analytical Chemists and Food Microbiologists. Technical Assistance and Capacity Building pledged by the FAO and WTO have not materialized so far. Centers of Excellence for further training of these officials have not yet been identified. There is a considerable delay is publishing food regulations on account of the need for publishing them in three languages and non-availability of competent translators in the country. There is also a need for more provincial food laboratories. There is no programme of regular pesticide residues monitoring in the country. This is one area where capacity building and Technical Assistance is required.
In Sri Lanka there is a Food Control System under the Ministry of Healthcare, Nutrition and Uva Wellassa Development. Director General of Health Services is the Chief Food Authority and also the Chairman of the Food Advisory Committee (FAC) established in terms of the Food Act No. 26 of 1980. The FAC is comprised of 19 members. They represent various stake-holders in food safety from Government Departments / Ministries as well as trade and consumers. There is also a Food Advisory Technical Sub Committee that deliberates on issues referred to it on a regular basis. The main function of the FAC is to advise the Minister in charge of the subject of health on food safety policy matters. The Food Control Administration Unit is in charge of the general administration of regulatory and training activities of the country. There are over 1700 Public Health Inspectors, 256 Medical Officers of Health, 44 Food & Drugs Inspectors who are Authorized Officers under the Food Act implementing the provisions of the Food Act and Regulations published under the Act. A food-borne diseases surveillance mechanism is also in place.
There are five approved food laboratories for chemical analysis and one microbiological laboratory in the country. Action has been initiated to establish a pesticide residue surveillance system.
Publication of regulations is under way and science-based, risk-based system is enshrined in the revised regulations. A codex contact point and an SPS enquiry point had been established in the Food Control Administration Unit. The anticipated Technical Assistance / Capacity Building have not materialized so far.