台灣與美國於20091022簽訂之進口牛肉協議(衛生署公告)

1. Protocol of Bovine Spongiform Encephalopathy(BSE)-RelatedMeasuresfor the
Importation of Beefand BeefProductsfor Human Consumptionfrom the Territory
of the Authorities Represented the American Institute in Taiwan (AIT)
by
October 22, 2009
Recognizingtheobligationsof all WTO Membersunderthe WTO Agreement the
on
Measures;
Applicationof SanitaryandPhytosanitary
Recognizingtheanimalquarantine relevantsanitaryrequirements the
and of
authorities by Office in
represented the Taipei Economicand CulturalRepresentative
the United States(TECRO);
The following import healthrequirementsrelatedto BSE shallbe appliedto beefand
represented AIT into
beefproductsexportedfrom the tenitory of the authorities by
represented TECRO.
the territory of the authorities by
Definitions
l. Definitionsfor the purpose thesehealthrequirements as follows:
of are
( 1 ) "Beefor beefproducts" include ediblepartsof cattleandproducts
all
derivedfrom all ediblepartsof cattle. However,"beefor beefproducts"
specified materials
excludes risk meat
recovered
(SRMs);all mechanically
(MRM)/mechanically
separated meatrecovery
meat(MSM); andadvanced
product(AMR) from the skull andvertebralcolumnof cattle30 monthsof
ageandover at the time of slaughter. AMR that is free of SRMsand
centralnervoussystem tissues (CNS) is allowed.Groundmeat,processed
productsandbeefextractsmay containAMR but excludesspecifiedrisk
materials(SRMs)andall MRMA4SM.
(2) "BSE" meansBovine SpongiformEncephalopathy.
bovineanimals(Bostaurus andBos indicus)
(3) "Cattle"meansdomesticated
represented AIT, legally
born and raisedin the tenitory of the authorities by

2. importedinto the tenitory of the authorities
represented AIT from a
by
countrydeemedeligibleby TECRO'sdesignated
representatives export
to
beef or beefproducts the territory of the authorities
to represented
by
TECROI, or raisedin the territory of the authorities
represented AIT for
by
at least100daysprior to slaughter.
(4) "Food-safety
hazard"meansany biological,chemical,or physicalproperty
that may causefood to be unsafefor humanconsumption.
(5) "Lot" means quantityof beefor beefproductsidentifiedon a singleexport
a
certificatefrom onemeatestablishment, consists
and entirelyof the same
process
categoryand productstandard
ofidentity (sub-category).
(6) "Meatestablishment"
include processing
any slaughterhouse, plant,and
storagefacility for beefor beefproductsthat operates
underthe inspection
representative, U.S.Department Agriculture
of AIT's designated the of
(usDA).
means inconsistency this protocol
(7) "Non-compliance" an with that doesnot
constitute food-safety
a hazard.
(8) "Seriousnon-compliance"
means food-safety
a hazardin a shippedproduct
or a food-safetyhazardfound during a scheduled
systemaudit.
(9) "Specified materials
risk (SRMs)"means:
(a) The distal ileum of the small intestine the tonsilsfrom cattleof all
and
ages;
and
(b) The brain,skull, eyes,trigeminalganglia,spinalcord,vertebralcolumn
(excluding vertebrae
the processes
ofthe tail, thetransverse ofthe
thoracicand lumbarvertebrae, the wings of the sacrum), dorsal
and and
root gangliafrom cattle30 monthsof ageandolder.
(10) The tenitory of the authoritiesrepresented
byAIT means fifty states
the of
the United States the District of Columbia.
and
I Beefand beefproductsofcattle from Canada lessthan 100daysin the territory ofthe authorities
fed
by with respect productscopeas if
represented AIT shall be subjectto the sameimport restrictions to
shippeddirectly from Canada.

3. General Requirements
2. AIT throughits designated
representative,
USDA, in accordance
with the
regulations the authorities
of represented AIT continuously
by maintains
measures meetor exceed
that forAnimal Health(OIE)
World Organization
guidelines controlled-risk
for status effectivelydetectandpreventthe
to
introductionand spread BSE. AIT throughits designated
of representative,
USDA, will providenoticeto the World TradeOrganization
(WTO)-according
to the WTO commitments the authorities
of represented
byAIT-and inform
TECRO regarding repealor amendment any BSE-related
the of measures.
3. case cases BSE occurin thetenitory of the
In the eventan additional or of
authoritiesrepresented AIT, AIT throughits designated
by representative,
USDA,
shall immediatelyconducta thoroughepidemiological
investigation inform
and
representatives, Department Health (DOH)
TECRO,through its designated the of
andthe CouncilofAgriculture(COA),of the results the investigation.
of AIT
representative,
throughits designated USDA, will consultwith TECRO,through
its designated
representatives,
DOH andCOA, aboutthe findingsof the
investigation.
TECRO,throughits designated
representative,
DOH, will suspend
the importationof beefand beefproductsif the additionalcase(s)
resultsin the
OIE recognizing adverse
an change the classification the BSE status the
in of of
tenitory of the authoritiesrepresented AIT.
by
Requirements Meat Establishments
for
4. in represented AIT that
Any meatestablishment the territory of the authorities by
underinspection
operates canied out by AIT's designated
representative,
USDA,
is eligible to producebeefor beefproductsfor the tenitory of the authorities
represented TECRO.The establishment
by shouldbe notified to TECRO in
advance
throughits designated
representative
DOH.

4. 5. representative,
AIT throughthe effortsof its designated USDA, will maintaina
regularmonitoringandauditingprogramfor meatestablishments produce
that
beefor beefproductsfor exportto the territory ofthe authorities
represented
by
TECRO to ensurethey complywith the relevantprovisionsof thesehealth
and of represented AIT. In the event
requirements regulations the authorities by
personnel
non-compliance,
of a serious ofAIT's designated
representative,
Record
USDA, would issue Noncompliance
a (FSISForm 5400-4) would
and
product.If the process resultedin the
immediatelycontrolthe non-compliant that
productis on-going,this designated
non-compliant representative
would
immediatelystopthe process
until it determines appropriate
that correctiveand
preventative havebeentaken.Only whenthis designated
measures representative,
USDA, determines correctiveactionsareadequate productionbe
that will
allowedto resume. throughits designated
AIT USDA, will
representative,
inform TECRO throughits designated DOH, if an establishment
representative,
actionhasbeentaken.
is suspended whencorrective
and
6. representatives, andCOA, may conduct
TECRO'sdesignated DOH on-site
sampleof the meatestablishments exportbeefor
auditsof a representative that
beefproductsto the tenitory of the authoritiesrepresented TECRO.Whena
by
with thesehealthrequirements beenfound as a result
seriousnon-compliance has
representative,
of the on-siteaudit,TECROthroughits designated DOH or COA,
will informAIT's designated USDA, of the results AIT's
representative, and
measures inform
USDA, shalltake appropriate
representative,
designated and
DOH or COA, of the measures
representative,
TECRO'sdesignated taken.
7. AIT throughits designated USDA, shallverifr that a suspended
representative,
meatestablishment determined implemented
has and appropriate
correctiveand
preventative described item 5, item 6,
beforelifting the suspension
measures in
and item 17.AIT throughits designated USDA, shall inform
representative,
DOH, of the correctiveactionthe meat
representative,
TECRO'sdesignated
establishment takenandof the datethe meatestablishment's
has is
suspension
lifted.

5. Requirementsfor Beef and Beef Products
8. The beef or beefproductswere derivedfrom cattleborn andraisedin the
byAIT, from cattlelegally importedinto
represented
tenitory of the authorities
represented
the tenitory of the authorities byAIT from a countrydeemedeligible
by TECRO to exportbeefor beefproducts the tenitory of the authorities
to
represented TECRO2, from cattleraisedin the tenitory of the authorities
by or
represented AIT for at least100daysprior to slaughter.
by
9. Cattlefor producingbeefor beefproductsfor exportwerenot suspect
or
confirmedBSE cases;
confirmedprogenies BSE cases; confirmed
of or cohorts
of BSE cases, definedin the Terrestrial
as Animal HealthCodeadopted the
by
OIE.
10. Meat establishments producebeefor beefproducts
that maintaina programfor
the hygienicremovalof SRMs.
11. For the purpose SRM removal, ageof cattleat thetime of slaughter
of the is
which identifiesthe age,or by dentition.
verified by documentation,
12. The beef or beefproductswere derivedfrom cattlethat were slaughtered meat
in
certifiedby AIT's designated
establishments representative,
USDA, aseligibleto
exportbeef or beefproducts the tenitory of the authorities
to represented
by
ante-mortem post-mortem
TECRO andthat passed and inspectionconducted
by
personnel AIT's designated
of representative,
USDA, underthe supervision
of
veterinary
the residentdesignated representative.
2 Beefand
beefproductsofcattle from Canada lessthan 100daysin the territory ofthe authorities
fed
represented AIT shall be subjectto the sameimport restrictions
by with respect productscopeas if
to
shippeddirectly from Canada.

6. 13. The beef or beefproductswere derivedfrom cattlethat were not subjected a
to
stunningprocess,
prior to slaughter,
with a deviceinjectingcompressed or gas
air
into the cranialcaviry or to a pithing process.
14. The beefor beefproductswereprocessed a mannerasto prevent
in
from SRMsor from mechanically
contamination meatfrom the skull
separated
and vertebralcolumnof cattle30 monthsof ageandover,in accordance
with
regulations AIT's designated
of representative,
USDA.
Export Certificate
15. Importof beefandbeefproducts
shallbe accompanied certificates
with issued
by the veterinaryauthorityofAIT's designated
representative,
USDA, which
includethe following informationto be submitted the authorities
to represented
by TECRO:
(l) Informationspecified items8 and12-14
in above;
numberof packages weight
(2) Name of the product(includingspecies), and
(net weight) listedby eachfinal processing
plant;
(3) Names,addresses, establishment
and numbers the slaughterhouse,
of meat
processing
plant,or storagefacility;
periodand/orprocessing
(4) Slaughtering period(dd/mm/yy-dd/mm/yy);
(5) Namesandaddresses the consignor the consignee;
of and and
(6) Dateon which, district in which, andauthorityby which the export
certificatewas issued the nameand sisnature the veterinarvofficer:
and of
and
(7) Container
numberand sealnumber.
Import Inspectionand RegulatoryAction
16. If TECRO'sdesignated DOH, detects food-safety
representative, a hazardina

7. r
I
lot duringthe port of entry inspectionprocess, may rejectthe lot. TECRO's
it
designated shallnotifz andconsultwith AIT's designated
representative
representative,
USDA, regarding matterandmay request
the correctiveactionif
appropriate. an SRM is found,AIT's designated
If representative conductan
will
investigation determine cause the problem.Productproduced the
to the of by
pertinentmeatestablishment
shallcontinueto be eligible for import; however,
TECRO'sdesignated
representative increase rateof inspection
will the of
subsequent and beefproductsfrom the meatestablishment.
beef After TECRO's
inspects lots totaling 3 times or greater
representative
designated 5 quantityof
the sameproductfrom the samemeatestablishment
without finding a
food-safety
hazard,
TECRO'sdesignated
representative
shall apply its standard
inspectionprocedures rates.
and
17. If TECRO'sdesignated
representative,
DOH, observes least
at two incidents
of
food-safetyhazards
involving separate from the samemeatestablishment,
lots it
may request
AIT's designated
representative,
USDA, to suspend relevant
the
establishment.
Upon receivingthe request,
AIT's designated
representative,
USDA, shallsuspend establishment. or beefproducts the meat
the Beef of
establishment were certifiedprior to the dateof suspension
that shallcontinueto
be eligible for import inspection. establishment
An shallremainsuspended
until
AIT's designated
representative
verifiesto TECRO'sdesignated
representative
that correctiveactionshavebeencompleted.
AIT's designated
representative
shall inform TECRO'sdesignated
representative the meatestablishment's
of
correctiveactionand of the datethe meatestablishment's
suspension lifted.
is
representative includean on-siteaudit of the
TECRO'sdesignated may
during its next system
establishment in
audit of establishments the tenitory of
the authoritiesrepresented AIT.
by
18. Brain,eyes,
skull,or spinalcordfrom cattlelessthan30 months agearenot
of
SRMsor food-safetyhazards.
Nevertheless, long as importersto the tenitory
as
of the authoritiesrepresented TECRO do not placeordersfor theseproducts,
by
if theseitemsaredetected
duringthe import inspectionprocess the territory of
in
the authoritiesrepresented TECRO,TECRO'sdesignated
by representative,

8. DOH, may returnthe relevantbox or boxesto its owner.
19. For problemsthat do not involve food-safety TECRO'sdesignated
hazards,
DOH, may seekclarificationthroughthe importerwith a view
representative,
towardallowing the productto enterwhen an appropriate
explanationand/or
correcteddocumentation accepted.
is
Consultations
may
representatives,
20. EitherTECRO orAIT, actingthroughtheir designated
request concerning matterregarding interpretation
consultations any the or
Unlessotherwise
applicationof theseimport healthrequirements. agreed,
the
shallbe held within 7 working daysof the request.
consultations Unless
shall,in the caseof a request TECRO,be
otherwiseagreed, consultations
the by
represented AII and in the caseof a
held in the territory of the authorities by
byAIT, be held in the tenitory of the authorities
request represented TECRO.
by
Notwithstanding above,TECRO andAIT, actingthroughtheir designated
the
within 180daysof the effectivedateof
representatives, hold consultations
shall
the protocolto review its implementation.
Addendum
This noticewill eo into effecton the dateof its notification.
22,2009in the Englishlanguage.
on October
ManagingDirector
TaipeiEconomicand Cultural AmericanInstitutein Taiwan
Office
Representative
in the United States