The Problem of Perfection of Standardization and Certification Case Deregulation

FROM THE REDACTION

In the previous issue we presented you a discussion on this problem, this time we present you the opinion of parliamentarian Zura Tskitishvili concerning the “Law on safety and quality of food products”
Zurab Tskitishvili is one of the people that contributed his mite to creation of this law along this international experts and was an initiator of its consideration in the Parliament.

What are the important provisions of
this law, how it was created, how
useful it will be for securing of consumers’ safety, and how it will contribute to the development of food industry business?
Zurab Tskitishvili: – First of all, let us agree that this law will work provided the newly adopted amendments and addenda concerning certification of products and services work, which implies inculcation of a renewed accreditation system in our economic space and its independence in future. It is clear that the new approach related to voluntariness will be very important. This concerns both standardization and certification. Much attention will be attached to the development of the network of laboratories and their accreditation. Only the accredited laboratories will participate in the process of compliance assessment, here I imply the assessment made both based on entrepreneur’s request and carried out in the process of state control. Also a great importance is attached to protection of all rules and requirements envisaged by the European law. Special importance I attach to formation of the structure of risk analysis, which contains the assessment of the risk, it’s the steps of its communication and management that will be vertically arranged in this single system, and it is natural that the issues of the structure of assessment of risk and analysis occupy a higher place in this vertical, since here there will be scientists that have an ability to analyze the expected risks.
– What does risk analysis mean and what risk is meant?
– Let us begin from the fact that this law is based on European regulations. The terms used in it are understandable for everyone, that is, it is acceptable for representatives that arrived from any country. For instance, we used to have our notion of quality, while the Europeans and the Americans had another one, based on other parameters. To clarify this issue, the law tells us that quality is the unity of indicators that functions and has an effect on consumers’ interests only. Quality is one issue and a safe product is another one. When the matter concerns a safe product, we imply such level of contamination of the product that does not have a negative effect on human health and life. The matter concerns animals as well, since products having a negative effect on animals will eventually have the same effect on human organism. In fact this law formulated the notion of products that is recognized in the EU and in the world. Is has also determined not only a general notion of a product, but also of what is not a product. If chewing gum used to be considered as food, this law has clarified this problem. Thus, there will be no ambiguities in the future.
– Experts have a lot of remarks concerning the terms used in the law. They blame the authors of the law, since in Georgia there is already the ISO vocabulary that is recognized in the world, in which the terms are explained, and no one has the right to interpret them.
– It is not true, it would have been said by Jemal Manjgaladze. This is an unprofessional approach, and even more, it is ignorance and I shall tell you why. All the terms are taken from the European regulation. I, personally, would not rely on Jemal Manjgaladze’s terminology, since we cannot tell an investor from the EU that the terms existing there does not correspond to the materials translated by Jemal Manjgaladze. I have to tell him that green light means letting go both in our country and in his, while red one – stop. If it will be vice versa in our country, it will be difficult for any investor to deal with us. Let us follow the law.
– Government members said that, fortunately, the Parliament passes laws, and in this case this law is a result of a reasonable compromise with the parliament. Who was the compromise with and what compromise is meant?
– I know what compromise is meant and, if you let me, I shall speak of this issue in the end. But now let us speak of this law. First of all, this law represents European explanations to all persons having to do with food products. It in a new fashion explains what are food products, hazard, quality, safety, risk analysis, risk communication, risk management. At the same time – what is transparency, who is responsible, what is falsification, labeling. As I have already said, this law introduced new terminology and arranged it the way it is used by our friendly and neighboring countries. I would like to tell you that these countries developed on these terms, and it is clear that they will not change them because of Georgia. It is natural that many definitions caused non-adapted approach of hygienists and other specialists to the new terms. When I first started working on this law visiting different countries on the instructions of USAID and the World Bank, many things were unacceptable for me too. The backbone of this law was written by a European expert – Ian Golding.
– Was Golding invited by USAID too?
– Yes, Golding is USAID’s invited expert.
– Was this law called the “Law on quality of food products” at the outset or not?
– No, it was called the “Law on safety of food products”. This law says itself that its objective is protection of people’s health, life and economic interests. If quality protects people’s economic interests, work at safety protects people’s health and life. A lot of questions arise in relation to the economic interest. Let me draw you a simple example as to what economic interest means in relation to the quality indicator. Quality indicator is the indicator, changing of which has no negative effect on human life and health, but changing of the safety indicator has a negative effect on human health. We know that people make up a special ration in which calorie content that should satisfy human requirements is calculated, and should not cause accumulation of cholesterol or gaining of weight. In calculation of calories a person knows that he should drink milk that contains certain amount of carbohydrates, protein and fat. However, after carrying out of analysis by the state control, the milk on which it is written that it contains 3,2% of fat, 3,5% of protein and 4% of carbohydrates turned out to contain half of these indicators, in this case human health is not in danger, but his economic interests are jeopardized, since he will have to buy twice as much product in order to take the necessary calories. It is the state that should protect economic interests of citizens, and should carry out state control. In other countries this is an obligation of non-governmental organizations that publish a great number of articles about various companies and can easily ruin them. That is why everybody tries to secure compliance of his produce to the declared indicators. Now, let us talk about safety. Each product contains a certain amount of contaminants. Milk contains a reductase enzyme. The more reductase there is in it the more bacteria it contains. That is why a milk seller checks the amount of reductase and by doing so determines the amount of bacteria. In England there is a special institute. 120 million pounds are allocated from the budget so that it could control a permissible norm of pesticides in products. It is clear that here the matter does not concern consumers’ economic interests, it has to do with safety of their health. As soon as the amount of pesticides exceeding the norm is discovered in the milk then the procedure of further investigation begins. We have already formulated different approaches to quality and safety and differentiated quality and safety indicators. By the way, this law says that the safety parameters are established by the Ministry of Health. It is true that a controlling body is subordinate to the Ministry of Agriculture but child nutrition, canned products with low acid content and establishment of safety of products was left for the Ministry of Health. Thus, with this law we begin regulation of safety issues in food products and fodder, we begin the procedures of regulating the quality of products and also by this law we determine a responsible person-entrepreneur. This is very important – we concretely say that an entrepreneur is a responsible person and that he will be punished in case of breaching the law. At the same time this law creates a concept of state control and determines the only controlling body of this sphere in the state. It is naturally based on communications of risk analysis and on the management structure. And this a backbone of this law. Now let us proceed to this backbone. The law tells us that hazard is the unity biological, chemical and physical substances, which inflict damage to human life and health. I think that this is a simple explanation. When the law says about the unity of these substances it says that the state determines the amount of contaminants is permissible in products. But if the amount of these substances in the product exceeds the established norm, it may lead to a bad result. We have already determined what hazard is, and now let us consider what risk is. Risk is a possibility of this hazard’s extent. When hazard is expected, this risk should measure its extent and depending on it certain arrangements should be implemented. That is why in all countries this structure is in upper echelons, and in some it is subordinated to the president or prime minister. In some countries this structure is called a scientific committee and it includes various committees, which collect information related to the issues taking place in the world, including the Bird Flu. I have to say that this virus prompted me to accelerate adoption of the law. I submitted the law for the second reading, at the first reading Bendukidze said that this is an anti-constitutional law, and he was speaking as if on behalf of the President. This happens at the moment when I do my best so that the law to be adopted in the first reading. Mikheil Machavariani asked me, as a reporter, whether I wanted this law to be put to vote. I gave my consent, since I hoped for my colleagues’ confidence. And indeed, there were only two MPs that voted against this law. It turns out that the government was not the law’s supporter. Then the Prime Minister asked me to submit this law to the government’s meeting. At the meeting Kakha Bendukidze was my opponent who was speaking of the searching system in the form of proverbs and anecdotes. Bendukidze established the institute of liberal approach when very often serious matters fall pray of it, just as it happened when they said that we need no control since it is a source of corruption. By the way, at the meeting I was supported by Kote Kemularia, Okruashvili, but Mikheil Svimonishvili did not give his support as he was under some influence and did not dare to do it. It was clear that we were to meet in the Parliament and determine the fate of this law in a democratic way at the session.
Let us return to risk management. In case of violations revealed in food products and fodder, the controller begins management of this law, or if this concerns some particular products and it is scientifically proved that it contains a big amount of contaminates, the controller withdraws the product from the market, or carries out its liquidation, etc. Though it is possible that the hazard has been revealed but scientists cannot determine the ways of ridding of it. This is also a European approach. In this case the risk managing body takes a decision adequate to the hazard. First of all, the law protects customers, but this does not mean that we should not market products because of excessive precaution. The controller takes certain steps in relation to some hazard, this is called a temporary measure. The next issue established by this law that represents a novelty – European requirements in accordance with which the whole this system should be introduced in our country. Otherwise we shall not be able to enter their market. I asked Europeans why they do not import Indian produce. As far as we know Indian meat is good and cheap. They replied that they does not check products in laboratories since Indian system in relation to food products does not comply with the EU requirements. By this I want to say that Europe, first of all, pays attention to the systems existing inside of the country. In view of these systems Entrepreneurs need adaptation, that is why I made a proposal so that the adaptation period should last for three let.
As to registration, an entrepreneur fills in a registration card and answers the given questions. For instance, he writes that ceiling, walls, flood at his enterprise are in good condition or vice versa. Good condition means that floor should not be broken or painted. He can be punished by the court for the false information. Then the entrepreneur should confirm or deny possessing of the equipment by means of which he produces the indicated products. The entrepreneur should also declare whether has disinfection and washing facilities and a device for measuring technological modes, and if he has – their kind. The entrepreneur may have a thermometer or a thermogram. By means of this the entrepreneur submits information based on which its summing up, analyzing takes place. Then already classified enterprises will exist. After that one should think of who and how many times should be controlled during the year. The procedure of compliance laboratory assessment should be more often carried out at the enterprise at which it is fixed that the temperature of its produce is measured by means of a thermometer, since there is more hazard there. After expiration of the adaptation period, it should be said what kind of devises each enterprise must have.
Let us speak about the searching system. We tell an entrepreneur that he should introduce the searching system by 2009. I have made concessions three times in relation to this law. The first compromise is that a controller should be an independent one and I made him dependent. As to the second compromise, from 2009 all food producing enterprises should have switched to HASAP and Critical Points system. Each enterprise a technological niche of its own: how it should process raw materials, store them, etc. at the same time the old law obliged entrepreneurs to pack products by lots. That is each product should have the lot number. If there happens any violation and the product gets spoiled, the entrepreneur is sure to know in which lot the mistake has taken place and will withdraw it from the market.
– If it is possible, let us return to the terms and their definitions. Let us speak about falsification. Experts say that this article gives an opportunity of double interpretation, and, according to it, it is easy to accuse an entrepreneur.
– That is what written in the law. Non-compliance of the product’s content, its characteristics, assortment and origin to the established requirements or accompanying documents, the data indicated on the label. That is the matter concerns non-compliance of products’ assortment that do not comply with the data indicated on the label.
– Why the word “assortment” is mentioned here?
– Because if the product is cottage cheese and the entrepreneur writes on it that it is ice-cream, in this case we have to do falsification. It depends on what we call falsification. When one thing is written on the label, but the product is different, it is considered as falsification everywhere in the world. If we write on sour cream that it is made out cream, milk powder and whey of certain cultures, and if then its melting point is checked and it turns out that it contains cream and a cheaper vegetable fat, this, of course, is also a falsification. But if we write on the same product that it contains 30% of vegetable fat and 70% of cream, this will not be a falsification. Maybe a customer has allergy for vegetable fat that is why he has the right to know the product’s content. First of all, this law protects customers.
– Jemal Manjgaladze says the definitions of falsification and quality are mixed up.
– He does not think in a new fashion and treats quality by old explanations.
Yes, first of all the law protects customers, but at the same time it prompts an entrepreneur to improve the technological process, be competitive so that his technopark should comply with the modern requirements.
Presently the law was put into effect and the main thing is that the Ministry of Agriculture should create a regulatory body in time that will carry out control over the activities, since its full enabling is very important for our country’s development at this stage.