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AFRICA

Africa (Stage 1 - 3)

Kenya

(Stage 3)

Background and FAEA Program:

Kenya’s agricultural and food trade regulatory mandates are covered by five key agencies that are all linked to a single on-line import approval system. Kenya’s regulatory system for food and agricultural imports is multi-sectoral and complex. Several government departments and agencies govern various statutes. The food regulatory system is generally consistent with the sanitary and phytosanitary (SPS) agreement of the World Trade Organization (WTO) and other international standard setting bodies including Codex Alimentarius (Codex), World Organization for Animal Health (OIE), and the International Plant Protection Convention (IPPC). 

 

Kenya, as a member of WTO regularly notifies technical barriers to trade (TBT) changes to the WTO but has been slow to notify sanitary and phyto-sanitary changes. The Government of Kenya (GOK) is currently reviewing its food safety laws and regulations, and a bill to parliament on food safety is expected later in 2020.

FAEA began work in Kenya in 2019, including FAEA sponsorship of a working group of high level officials from both the Executive and Parliamentary Branches of the Kenyan Government.  The delegation spent one week in Washington, DC learning about the U.S. regulatory framework. 

Results: 

As a result of this trip, the working group decided to scrap their original plan to draft legislation creating a Kenya Food and Drug Administration agency and instead, prepare legislation for the creation of a new Food Safety Law (FSL), with assistance from FAEA.

Next Steps: 

Follow-up activities for 2020 and 2021 are being designed and implemented to assist Kenya in drafting the new FSL and subsequent implementing regulations, beginning with a commitment by FAEA to hire a consultant in Kenya to coordinate the legislation drafting process and assist with organizing workshops with all relevant industry representatives and government officials to facilitate the submission and passage of the law.

Nigeria

(Stage 3)

Background and FAEA Program: 

On January 27, 2015, the government of Nigeria inaugurated: 1) an Inter-Ministerial Committee on Food Safety (IMCFS) and 2) a National Food Safety Management Committee (NFSMC). These two committees are charged with developing policies and regulations which will enable the country to harmonize food safety practices and meet international obligations regarding food and feed trade.  FAEA engaged with the various committees and attended policy and legal planning conferences in 2016 and 2017.

 

Nigeria is a member of the Codex Alimentarius Commission (CAC). The country established the National Codex Committee (NCC) in July 1973 (reconstituted in 2002) to provide necessary inputs into Codex activities due to its implications for the improvement of health, food safety and quality in Nigeria and to ensure Nigeria follows Codex Standards now recognized by WTO in settling trade disputes.

  • NCC is responsible for harmonizing Nigeria’s positions to Codex meetings and guiding the country’s policies on food standards, safety and international food trade issues.

  • Membership of NCC, drawn from GON ministries of Health, Agriculture and Rural Development, Industries/Trade/Investments, The Environment, Science and Technology and their relevant agencies such as NAFDAC, SON, etc.

  • NCC secretariat resides in the Standards Organization of Nigeria or SON.​

Results: 

In April 2018, a draft food safety law was validated by all relevant stakeholders and endorsed by the Ministries of Health, Agriculture, Trade, Environment, and Science and Technology.  The draft bill was approved by the Federal Executive Council and submitted to the National Assembly in January 2019.  However, there has been no action on the Food Safety bill to date.

 

Next Steps: 

FAEA will continue to monitor the passage of the Food Safety bill via our contacts and the Lagos FAS office.  If opportunities arise for FAEA to assist in passage of the law or the development of subsequent implementing regulations, we will coordinate our activities with the GON and FAS.  We will also sponsor a Nigerian Government official from the Ministry of Agriculture and Rural Development to participate in the Codex Committee on Residues of Veterinary Drugs in Foods (CCRVDF) scheduled to take place from 01/25/2021 to 01/29/2021 in Cleveland, Ohio.

Ghana

(Stage 3)

Background and FAEA Program:  

The Ghanaian Food and Drugs Authority (GFDA) is the Government of Ghana’s (GOG) national regulatory authority responsible for implementing the Food and Drugs Law of 1992, (PNDCL 305B). The GFDA was established and became fully operational in August 1997. It regulates the manufacture, import, export, distribution, use, and marketing of food, drugs, food supplements, herbal and homeopathic medicines, veterinary medicines, cosmetics, medical devices, household chemicals, and tobacco products with respect to ensuring their safety, quality and efficacy. The GFDA ensures that imported and locally manufactured food products meet the standards set by the Ghana Standards Authority (GSA). The GSA is the national statutory body responsible for the development and promulgation of Ghana Standards. It lays down the essential requirements to which food commodity must conform.

In March 2015, Ghana adopted a new National Food Safety Policy in an effort to protect consumers and ensure that traded food items are indeed safe.  According to the GFDA, this policy will foster close collaboration between stakeholders in agriculture, trade, human health, animal health, tourism and standardization to strengthen food safety, and prevent and control food and water-borne diseases.

The Ghanaian market continues to offer many opportunities for U.S. exporters of bulk and consumer-ready food products and remains a key access point for entry into the West African regional market. The Economic Community of West Africa States (ECOWAS), of which Ghana is a member, announced that member states in the sub-region would from January 2015 forward adopt common import tariffs and SPS standards. Thus, Ghana’s infrastructure and relatively friendly business climate make the country a primary import and transshipment point for all ten ECOWAS nations. This key position will allow Ghana to propose and set the stage for food and feed safety regulations adopted by ECOWAS.  

FAEA work has focused on regulatory development under new food and animal laws and assistance to the Government where appropriate.

Results: 

FAEA completed work with the government of Ghana on food safety and veterinary laws, a regional live animal trade protocol, and a meat inspection regulation.  For example, in 2019 FAEA was successful in working with the Ministry of Agriculture and Rural Development to develop the meat inspection regulation that will assist in strengthening food safety, animal welfare, and set standards for meat and poultry products.  

Next Steps: 

The remaining law that FAEA would like to address is the adoption of the drafted Animal Production Law. If that is passed in 2020, FAEA will follow up with travel there to meet with officials to determine how FAEA can best assist with the implementation of the law and subsequent regulations.

AfCTFA (Stage 1)

Background and FAEA Program:  

In early 2018, African leaders signed a deal, known as the Africa Continental Free Trade Area (AfCFTA), that would unite the 55-member countries of the African Union in tariff-free trade across the continent. According to the African Union, this would consolidate a market of 1.2 billion people and a gross domestic product of $2.5 trillion. Should a majority of nations sign this agreement, it would significantly increase inter-Africa trade as well as imports. This would benefit the U.S. agricultural sector.

FAEA members have identified Africa in general and sub-Saharan Africa in particular, as a priority growth and long-term market for U.S. exports.  In close collaboration with USDA and USTR, FAEA has committed to support U.S. Government efforts to facilitate the adoption of science-based food, animal, and plant safety laws and regulations in AfCFTA during 2020 and 2021. 

 

Results:  N/A

 

Next Steps: 

The FAEA SPS/TBT strategy for Africa going forward is to identify key countries that will be progressive leaders in the Continent that we can work with and develop a plan for conducting technical assistance and education activities in 2020, 2021, and beyond.  We will focus on those leaders and then hold them up as examples for all African nations to follow.  Since we are already engaged and making some progress with Kenya, it will be one of those countries.   We will select up to two additional countries.  Ghana and Nigeria with whom we have worked with in recent years, as well as Ethiopia will be other possible candidates.

Ethiopia

(Stage 1)

Background and FAEA Program:  

There has been an increased emphasis to enhance the country’s food safety, animal and plant health regulatory regimes. The Ethiopian Food and Drug Authority (EFDA) recently re-organized with a statutory authority to enforce and implement food safety and quality regulations. In addition to food products, the new proclamation no. 1112/2019 has mandated that EFDA regulate medicine, tobacco, cosmetics, and medical devices. The Ministry of Agriculture and Livestock Resources (MoALR) regulates import-export of plant and plant materials as well as livestock and livestock products. The Ethiopian Standards Agency (ESA) establishes national standards and hosts the Ethiopian CODEX Contact Point and WTO Inquiry Point. As part of its standards development process, ESA consults with industry and public stakeholders to take their comments and concerns into account. In fact, ESA publishes the draft national standards online along with an open solicitation for public comments. Given this high degree of transparency, the ESA, could be  a model for the broader GOE in the area of open and inclusive rulemaking.  The Ministry of Trade and Industry (MoTI) regulates the import and export of goods that do not comply with the Ethiopian mandatory standards.

Under the current administration, the GOE is making various economic reforms and initiatives that could influence the future of Ethiopia’s food and agricultural trade regime. In this regard, Ethiopia has signed the Africa Continental Free Trade Area (AfCFTA) agreement and reinstated negotiations to WTO accession, which were halted for the last six years. The country is also preparing a 10-year economic plan. In general, these ongoing reforms and initiatives are expected to pave the way for a transparent and predictable trade laws, policies and regulatory regimes that would facilitate increased international trade.

FAEA has not implemented any activities in Ethiopia as of this date.

Results:  N/A

Next Steps: 

FAEA will gather information from FAS and other contacts to determine if travel is warranted there to assess the situation for planning and implementing FAEA activities in 2021 in support of the USDA and USTR engagement to facilitate the adoption of science-based food, feed, and animal safety laws among the countries in the AfCFTA.

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