15 replies to this topic

[Ken Bookmyer]

2.3.2.2 Raw and Packaging Materials All raw and packaging materials and ingredients shall comply with the relevant legislation in the country of manufacture and country of destination, if known.

 

I'm curious, why is it important that they comply with the regulation in the country of manufacture? I can agree I need to assure they comply with the regulation in the country I am in, but as a US processor I don't see why it is important that they comply with Chinese or EU regulation as long as they comply with US regulation. For example if it's an EU processor and the ingredient contains GMO material it doesn't matter to me as a US processor. 

ken

 

[jdpaul]

If they are not in compliance with the legal requirements of their country (regarding food safety) then you are probably dealing with a high risk supplier and you would wonder what else they are not complying with (COA, LOG, etc). You would probably want to follow a more thorough and extensive supplier verification. If they weren't in compliance with some of their legal legislation (and you had prior knowledge they weren't compliant) an SQF auditor might ask you what further investigation you took; any justifications you made to keep them as a supplier?

Edited by jdpaul, 13 June 2018 - 09:31 PM.

[SQFconsultant]

Ken, does it all comply to US requirements?

 

Assuming you manufacturer in the USA you would have something to indicate that.

 

Next question - do you export your product to other countries  - - if you don't, not a problem.

 

If you do, then your product must be in compliance with the countries you ship to.

 

Example - my client manufacturers snack bars. They make them in the USA. They sell in the USA and export to one country - Canada.  They have one ingredient that is not considered an allergen in the USA, but they found out this ingredient is considered an allergen in Canada - thus in order for them to ensure compliance with Canada the company has to declare the ingredient as an allergen.

[Ken Bookmyer]

There isn't an alternative for this available. What about if my supplier is GFSI approved? Why then do I need to have a document from them stating they meet their countries requirements? 

[jdpaul]

SQF Edition 8 is revised to state: 'all incoming materials and ingredients shall comply with the relevant legislation'

 

 

I think Glenn did a good job explaining the rational behind this; most of it involves labeling requirements, etc. Especially around allergens.

Edited by jdpaul, 13 June 2018 - 09:47 PM.

[Ken Bookmyer]

Glenn, 

The regulation doesn't say anything about where I ship to it says if I buy an ingredient from country X, I need to have proof it complies with country X regulations and US regulations. In your case the company is exporting to what may be a third country so they need to know the regulations for the country they are exporting to. I still don't see for example if I was buying an ingredient from Canada that complied with US law why it's important that it also complies with Canadian law. 

ken

[jdpaul]

Unless you are thorough with your process an issue may arise where a Canadian supplier doesn't know sesame seed is an allergen. You receive an ingredient formulation for this company and it contains sesame seed. You then use that ingredient to manufacture a product that you send back to Canada. You do not list it as containing sesame seed so there is a slip-up and recall due to allergen mislabeling. If your suppliers are GFSI certified then probably they have documentation stating they comply with all relevant legislation

Edited by jdpaul, 13 June 2018 - 09:56 PM.

[Ken Bookmyer]

Maybe I am reading it wrong, When it says country of manufacture does it mean the country the raw material is being shipped to? I was taking it 

[Charles.C]

Maybe I am reading it wrong, When it says country of manufacture does it mean the country the raw material is being shipped to? I was taking it 

 

No.

Maybe that is the reason yr OP reads rather "peculiarly".

 

It is virtually axiomatic that manufactured product must comply with applicable Regulations at Origin and Destination.

[redfox]

Hello Ken,

 

It is clearly stated on GFSI/BRC that product must comply "statutory requirements and to the county it is being sold".

 

regards,

redfox

[Gerard H.]

Dear Ken,

 

On one hand, it's obvious that the products comply with the legislation in the country of origin.

 

On the other hand, the requirement has been added to avoid:

• The trade of illegal or rejected goods between different countries
• Misunderstandings between customers and suppliers, as sometimes suppliers could be "forced" to do things which are illegal in their country, leading to unfair trade (which was one of the reasons that food legislation has been created). Such practice generally leads to a rupture in the supply chain and fines.
• Fraudulent practices

Kind regards,

 

Gerard Heerkens

[Charles.C]

Hi Gerard,

 

It's also because Food Safety is invariably a Legal (Health) requirement.

And different Countries may have different opinions as to what Qualitative/Quantitative characteristics define a "Safe Food".

Even within the EU I believe.

[Gerard H.]

Hi Charles,

 

Thanks! I can confirm that, although a lot of topics have been harmonized, there are differences between the EU countries. The health topic is an important one: Member states have their own health legislation which leads to the interdiction of certain foods on their territory.

 

For the food legislation itself there are quite a lot of differences. And although member states can't theorically refuse on that subject, as a food producer it's good to be aware of the differences. Specially when producing private label products distributed in other member states.

 

I wish you a nice day!

 

Kind regards,

 

Gerard

[Scampi]

2.3.2.2 All raw and packaging materials and ingredients shall comply with the relevant legislation in the country of

manufacture and country of destination, if known.

 

 

The code requires that you know the material complies with the country you are in AND any countries you may be exporting too

 

The "country of manufacture" means where you as the manufacturer of the Finished Good are located, not where the material originates from, and Country of Destination means where the finished good is to be sold

 

I'll use meat as an example, every country has maximum residue limits for chemicals (pesticides, veterinarian drugs) are the country where you make your meat snack has a maximum  level of an antibiotic at 0.005 ppm, but where you want to sell it has a maximum level of 0.004. You would either have to A) source from more than one place and segregate the two for 2 different countries your selling to, or B) find a new source who meets the LOWEST maximum level of your destination countries

[SQFconsultant]

2.3.2.2 All raw and packaging materials and ingredients shall comply with the relevant legislation in the country of manufacture and country of destination, if known.

 

Ken, I can understand how confusing this one (and many others in SQF) can be. But as many have explained - including me and Charles for instance it applies to the country of origin and the country or countries you are shipping to.

[Fishlady]

I have worked with salmon roe (sujiko) that is processed in the US and exported to Japan.  The Japanese customer requires the use of nitrates in the product, but nitrates would not be allowed in this product if sold in the US.  FDA does allow the use of such additives in a product "For Export Only" as long as the product is labeled as such and the manufacturer has on file a guarantee from the customer that the additive is legal in the country where the product will be sold (we referred to this as the "801(e)" exemption for its section in the FD&C Act).  In this case it would be important to know that the final product must not be sold in the US and that it needs the proper labeling and documentation.