Legal And Food Safety System Requirements Gaps Construction Essay

Malaysia piscary merchandises ( FP ) export is valued between RM 2200 to RM 2600 million per twelvemonth from 2004 to 2008 ( mention to Figure 1 ) and mean approximately 48 % of Malaysia piscary merchandises are exported to the European Union ( EU ) and United States of America ( USA ) ( DOF, 2004 ; DOF, 2005 ; DOF, 2006 ; DOF, 2007 ; DOF, 2008 )

Figure Malaysia Fishery Export Value in RM ( million ) from 2004 to 2008

Major FP export to the EU in 2007 ( mention to Figure 2 ) includes Shrimps and Prawn ( frozen ) , Cuttlefish and Squid ( frozen ) , Shrimps and Prawn ( prepared or preserved ) , octopus ( frozen ) , other fish ( prepared or preserved ) and others ( DOF, 2007 ) .

Figure Types of Fishery Products Export to the EU in 2007

32.2 %

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23.3 %

30.3 %

4.2 %

Literature Review

EU Fishery Import Requirements

“ The European Commission ‘s Directorate – General for Health and Consumer Protection ( SANCO ) is responsible for nutrient safety in the European Union. Our import regulations for piscary merchandises and shellfish ( bivalve mollusk ) seek to vouch that all imports fulfil the same high criterions as merchandises from the EU Member States – with regard to hygiene and consumer safety and, if relevant, besides the carnal wellness position. ” ( European Commission, 2007 ) .

The pre-requite for a state to export to the EU is to hold a acknowledgment of Competent Authority ( CA ) by the European Commission. Malaysia has multi-agencies Competent Authorities ( CAs ) to transport out review and controls throughout the fishery merchandise concatenation. The Ministry of Health ( MOH ) , Malaysia, Food Safety and Quality Division ( FSQD ) is the cardinal CA and responsible to transport out review at downstream of the supply concatenation, jobbers, ice mills and besides imported EU approved stuffs ; the Department of Fisheries ( DOF ) is the CA and responsible to transport out review on aquaculture farms and fishing vass and Lembaga Kemajuan Ikan Malaysia ( LKIM ) is the CA and responsible to transport out review on set downing sites of gaining control fish ( FSQD, 2009A ) . These CAs should hold legal powers and resources to transport out review and controls throughout the piscary production concatenation in footings of Hygiene, Public Health ( PH ) and Animal Health ( AH ) .

Recognized CA/CAs are one of the specific cardinal elements ( European Commission, 2007 ) for the export of FP to the EU. Other specific cardinal elements for Malaysia to export FP to EU include demonstrate that Malaysia Food Act 1983, Food Regulations 1985 and Food Hygiene Regulations 2009 are tantamount to the EU Health Legislation ; CAs have carried out review along the piscary supply concatenation and guarantee conformity to Good Practices, Traceability and HACCP demands ; CAs have published fishery constitutions inspected which meet the EU demands ; CAs have demonstrated conformity during FVO review mission and supply warrant to Public Health ( PH ) and Animal Health ( AH ) attestations in the certification to attach to piscary merchandises that were destined for the EU. Finally, FP arrived at the EU boundary lines will be to inspected for Health Certificate ( HC ) , physical, chemical and microbiological analysis. Mention to Figure 3 for drumhead description of specific cardinal elements for the export of FP to the EU.

Figure Specific Key Elements for the Export of Fishery Products to the EU

Issues Highlighted in the FVO Mission Inspections

There were four missions carried out by the FVO since 2005 ( EUROPA, 2005A ; EUROPA, 2008A ; EUROPA, 2009A ; EUROPA, 2010A ) , these four missions were carried out in 2005, 2008, 2009 and 2010.

Figure FVO Mission Reports in 2005, 2008, 2009 and 2010

In FVO mission study 2005 ( EUROPA, 2005A ) , FVO mission squad had highlighted many spreads in the Malaysia control systems and defects in the residues and environmental contaminations supervising plan and besides major defects in Animal Health ( AH ) certifications were issued which were based on diagnostic techniques performed by research lab with unequal installations. FVO has concluded that Malayan CA can non presently guarantee conformity of piscary and aquaculture merchandises arising in Malaysia.

In FVO mission study 2008 ( EUROPA, 2008A ) , FVO mission squad had found that Fishery constitutions inspected by FVO did non follow with EU statute laws and demands. FVO had concluded that the Malaysian CA was non competent to supply warrant to public wellness and animate being wellness attestations in the certification to attach to piscary merchandises that were destined for the EU. As a consequence of the 2008 mission, Malaysia had voluntarily de-listed all constitutions in June, 2008. No constitutions were allowed to export to the EU after the de-listing.

In 2009, FVO ( EUROPA, 2009A ) had carried out another mission and found that there were still weaknesses in enforcement related to the national residue control program. However, FVO recognized that public wellness warrants were ensured by systematic and regular functionary controls and the intensive ain cheques performed by the nutrient concern operators in the sector. FVO acknowledged that in general the system of public wellness controls for Fishery Products intended for export to the EU can be considered to offer warrants tantamount to those foreseen under EU Health statute law. As a consequence of 2009 mission, entire 6 constitutions were re-listed and Malaysia resumed export of Fishery Products to the EU in May, 2009.

The latest mission carried out by FVO was in 2010 ( EUROPA, 2010A ) and FVO mission squad merely found minor defects related to vass enrollment, review of constitutions, histamine testing and preparation. On the other manus, FVO has acknowledged that CA has demonstrated committedness to beef up the capableness of the CA involved in the functionary controls with respect to fiscal allotments, organisational restructuring, and enlisting of extra staff.

Summary of major findings, decisions and position of the mission studies were summarized in Table 1.

Table Summary of FVO Mission Reports for 2005, 2008, 2009 and 2010

Year

March, 2005

April, 2008

March, 2009

April – May, 2010

Scope of Audit

– Evaluate control system of the production of Fishery Products implemented by the Competent Authorities ( CAs )

– Evaluate wellness certifications issued by CAs for unrecorded fish is harmonized with the EU

– Follow up on 2005 mission

– Production from aquaculture and from imported natural stuff and follow up on 2008 mission

– Production from wild caught natural stuffs & A ; follow up on 2009 mission

Findingss

– Found spreads in the control systems and defects in the residues and environmental contaminations supervising plan

– Animal Health certifications issued were based on diagnostic techniques performed by research lab with unequal installations and processs

– Fishery constitutions inspected by FVO did non follow with EU statute laws and demands

– Issues highlighted by FVO in 2005 have non been addressed in 2008

– Failings in enforcement related to the national residue control program

+ Public wellness warrants are ensured by systematic and regular functionary controls and the intensive ain cheques performed by the nutrient concern operators in the sector

– Minor defects related to vass enrollment, review of constitutions, histamine testing and preparation were identified

+ Demonstrated committedness to beef up the capableness of the CA involved in the functionary controls with respect to fiscal allotments, organisational restructuring, and enlisting of extra staff

Decision

– Malaysian CA can non presently guarantee conformity of piscary and aquaculture merchandises arising in Malaysia

– Malaysian CA was non competent to supply warrant to public wellness and animate being wellness attestations in the certification to attach to piscary merchandises that were destined for the EU

– In general the system of public wellness controls for Fishery Products intended for export to the EU can be considered to offer warrants tantamount to those foreseen under EU Health statute law

– Significant betterments in the execution of official controls

Status

– Sum 15 constitutions out of 76 were removed from the blessing list

-Malaysia voluntarily de-listed all constitutions in June, 2008. No constitutions were allowed to export to the EU after the de-listing

– Sum 6 constitutions were re-listed and Malaysia resumed export of Fishery Products to the EU in May, 2009.

– Constitutions listed can go on to export to the EU

The figure of fishery constitutions listed in the 3rd state approved list ( Figure 5 ) had reduced from 77 in March, 2008 to 58 in May, 2008 ( EUROPA, 2008B ; EUROPA, 2008C ) after the FVO mission squad carried out audit in March, 2008 and the figure of Malaysia piscary constitutions had further reduced to zero when Malaysia voluntarily delisted all piscary constitutions in June, 2008.

After FVO review in March, 2009, entire 6 piscary constitutions were re-listed ( EUROPA, 2009A ) and the figure has increased to 9 in December, 2009 ( EUROPA, 2009B ) and 19 in December, 2010 ( EUROPA, 2010A ) .

Figure Number of Fishery Establishments in Malaysia with EU Registration Number

Statement of Problem

The voluntary delisting of piscary constitutions had caused major economic impact to Malaysia piscary industry and economic losingss to the state has yet to retrieve. The following are specific statement of job for each chapter:

Chapter 1:

What are the spreads between the Malaysia piscary merchandises safety control system and the EU piscary merchandises import demands? and what are the possible solutions to turn to spreads identified?

Chapter 2:

What are the jeopardies identified in Malaysia piscary merchandises rejected by the Border Inspection Post ( BIP ) ? And what are possible control measures to minimise reoccurrences?

Chapter 3:

What are the sensed benefits and troubles faced during implementing and operating of the Food Safety system in Malaysia piscary constitutions and what are major barriers during the acceptance of Food Safety system?

Chapter 4:

What are costs incurred during implementing and runing Food safety system? and what are the annualized entire Food Safety system costs per unit of turnover in Malaysia piscary constitutions?

Justification

Many research related to national Food Safety Control System had been carried out in different states and published in academic diaries. These research on the national nutrient control system were carried out in the State of Kuwait ( Alomirah, et al. , 2010 ) , in sub-Sahara Africa ( Bagumire, Todd, Muyanja, & A ; Nasinyama, 2009 ; Nguz, 2007 ) in Arab Gulf Cooperation Council ( GCC ) states ( Al-Kandari & A ; Jukes, 2009 ) , in Croatian ( Antunovic, Mancuso, Capak, Poljak, & A ; FlorijanA?iA‡ , 2008 ) , in Greece ( Varzakas, Tsigarida, Apostolopoulos, Kalogridou-Vassiliadou, & A ; Jukes, 2006 ) and in Spain ( Garcia & A ; Jukes, 2004 ) .

Many research related to HACCP system acceptance benefits, troubles, barriers, actuating factors and costs had been carried out in different states and published in academic diaries. For illustration, motivations and external consequence on the HACCP acceptance ( Jin, Zhou, & A ; Ye, 2008 ) and inducements of implementing HACCP in China nutrient concerns ( Bai, Ma, Yang, Zhao, & A ; Gong, 2007 ) ; costs, benefits and jobs associated with HACCP execution in New Zealand meat industry ( Cao & A ; Scrimgeour, 2004 ) in India seafood, dairy, spices and fruit and veggies sector ( Deodhar, 2003 ) and in the UK dairy sector ( Henson, Holt, & A ; Northen, 1999 ) ; troubles and barriers of HACCP execution in Turkey ( BaAY , Yuksel, & A ; CavuAYoAYlu, 2007 ) and in Spain nutrient concerns ( Vela & A ; Fernandez, 2003 ) ; and cost analysis instance survey of HACCP execution in Brazilian pasteurized milk works ( Roberto & A ; Brandao, 2006 ) in USA oyster sector ( Hinson & A ; Whitley, 2003 ) in air hose catering ( Bata, Drosinos, Athanasopoulos, & A ; Spathis, 2006 ) .

There was merely one qualitative research paper ( Merican, 2000 ) published in academic diary on the function of Ministry of Health Malaysia and development of HACCP Certification Scheme for the benefits of nutrient concerns in Malaysia in 2000.

Significant of Study

This research will supply valuable penetration to Malaysia Competent Authorities in footings of apprehension of EU import demands, failing in Malaysia piscary merchandises safety control system and possible solutions to shut the spread, and barriers faced by Malaysia piscary constitutions during acceptance of Food Safety system so that appropriate supports can be provided.

This research will besides being benefits to Malaysia piscary constitutions in footings of apprehension of EU import demands, jeopardies identified in Malaysia piscary merchandises rejected by the EU and besides quantitative value on benefits, troubles, barriers and costs of implementing and runing Food Safety system so that piscary constitutions can measure the magnitude of benefits and costs before acceptance of Food Safety system.

General Objective

To measure spreads on the legal and Food Safety system demands for the export of Malaysia Fishery Products to the European Union ( EU ) .

Specific Aims

Each of the chapters in this research will hold specific aim. The following are aims of each chapters:

Chapter 1:

To place spreads between the Malaysia piscary merchandises safety control system and the EU piscary merchandises import demands and propose solutions to shut spreads identified.

Chapter 2:

To analyse jeopardies in Malaysia piscary merchandises rejected by the Border Inspection Post ( BIP ) and propose possible control measures to turn to jeopardies identified and minimise reoccurrences.

Chapter 3:

To place major perceived benefits and troubles faced during the implementing and operating of Food Safety system and major barriers of acceptance of Food Safety system in Malaysia piscary constitutions.

Chapter 4:

To cipher estimated costs incurred on implementing and operating Food Safety system and annualized entire Food Safety system costs per unit of turnover in Malaysia piscary constitutions.

Research Hypothesiss

The followers are hypotheses to be tested for each chapter in this research:

Chapter 1:

Malaysia has comprehensive piscary safety control system in footings of nutrient control direction, statute law, review and official control laboratories to run into the EU import demands but the execution of such control system is non rigorous.

Chapter 2:

Major chemical jeopardies detected in Malaysia piscary merchandises rejected by the BIP are unauthorised substances, histamine and benzo ( a ) pyrene ( BaP ) and major biological jeopardies detected are Salmonella and V. Cholera.

Chapter 3:

There are 3 hypotheses to be tested in Chapter 3:

Deriving entree to international market, retaining bing and pulling new clients are major sensed benefits of Food Safety system acceptance

Training, retraining and motive of staff are major troubles encountered during Food Safety system acceptance

Lack of fiscal supports and inducements from authorities are major barriers encountered by the Malaysia piscary constitutions during Food Safety system acceptance

Chapter 4:

There are besides 3 hypotheses to be tested in Chapter 4:

Investing in new machine and equipment and structural alterations to the works are major implementing costs incurred during the execution of Food Safety system

Merchandise proving and clip spent on recording and confirmation are major runing costs incurred during the operation of Food Safety system

The execution of Food Safety system in Malaysia piscary constitutions has incurred high annualized entire costs per unit of turnover and this has important impact on little constitutions runing on a narrow net income border.

Definition of Terminology

The followers is the definition of nomenclature used in this research:

Good Practices:

Food hygiene ( or pre-requisite plan )

HACCP:

Hazard Analysis Critical Control Point

Traceability:

The ability to follow backward to the beginning or beginning of piscary merchandises and the ability to track frontward the location of the piscary merchandises.

Food Safety system:

Food Safety system includes execution of Good Practices, HACCP and Traceability.

Methodology

This subdivision will depict location, design, sampling, sample, informations aggregation, instrument, dependability and cogency for each chapters.

Figure Research Methodology Used

Chapter 1: Competent Governments

Location

Chapter 1 will be carried out in Malaysia.

Design

The aim for this chapter is to place spreads between Malaysia piscary merchandises control system versus the EU import demands. Therefore, the design of Chapter 1 will concentrate to obtain appraisal from CAs. Questionnaire will be designed and adapted from Bagumire at Al. ( 2009 ) and pilot survey will be carried out with 5 % of the CAs from MOH, DOF and LKIM by indiscriminately selected participants from database. Questionnaire will be reviewed based on pilot participants remark before administering to the staying participants in the database. This is a non-experimental quantitative research.

Sampling

CAs list is available at the MOH, DOF and LKIM. Purposive trying technique will be used and try will be obtained from the CAs list.

Sample

Since the figure of CAs involved in the believable review along the piscary supply concatenation is non big, all CAs in the list will be the mark sample for the research.

Data Collection

Questionnaire will be used to roll up research informations. Beside the questionnaire, cover missive explicating aims of the research and a postage-paid, coded return envelop will be mailed to participants. A softcopy will besides be emailed to participants. Participants can return by hardcopy or softcopy.

Reminder post cards / electronic mails will be sent 3 hebdomads after the initial mailing to promote engagement.

Instrument

Questionnaire with close terminal inquiries and Likert graduated tables will be used to obtain appraisal from CAs on Malaysia piscary safety control system versus the EU in footings of nutrient control direction, statute law, review and official control research labs. A subjective inquiry will be placed at the terminal of each subdivisions which allow participants to add or lucubrate their sentiments.

Validity and Reliability

Face cogency will be carried out during pilot and consequences obtained from CAs will be transverse checked with consequences obtained from fishery constitutions on Malaysia Fishery Safety control system and Food Safety system execution.

Chapter 2: Fishery Merchandises

Location

Chapter 2 will be carried out in Malaysia.

Design

The aim for this chapter is to place jeopardies in Malaysia piscary merchandises rejected by the Border Inspection Post ( BIP ) . A instance survey attack will be used based on official informations published in the EU SANCO web page – Rapid Alert System for Food and Feed ( RASFF ) .

Sampling

No sampling will be carried out. All official informations reported in RASFF from 2004 to current will be used for analysis.

Sample

The sample for the research will be fishery merchandises rejected by the EU produced by Malaysia piscary constitutions.

Data Collection

Datas from RASFF will be compiled from 2004 to current and jeopardies identified will be categorized into Chemical, Microbiological and Physical. Major jeopardies for each class of piscary merchandises will be identified for farther analysis.

Instrument

Not applicable.

Validity and Reliability

Cross cheque consequences obtained from RAFF with questionnaire consequences obtained from fishery constitutions on merchandises rejected.

Chapter 3: Fishery Constitutions

Location

Chapter 3 will be carried out in Malaysia.

Design

The aim for this chapter is to place sensed benefits, troubles faced by Malaysia piscary constitution during implementing and runing Food Safety system and major barriers during acceptance of Food Safety system. Therefore, the design of Chapter 3 will concentrate to obtain appraisal from piscary constitutions. Questionnaire will be designed and adapted from adapted from Cao & A ; Scrimgeour ( 2004 ) , Deodhar ( 2003 ) and Henson, Holt, & A ; Northen ( 1999 ) and pilot survey will be carried out with 5 % of the piscary constitutions listed in the 3rd state blessing list in March, 2008. Questionnaire will be reviewed based on pilot participants remark before administering to the staying piscary constitutions in the information base. This is a non-experimental quantitative research.

Sampling

Fishery constitutions listed in the 3rd state establishment list were downloaded from EUROPA web page on 1 March, 2008 ( EUROPA, 2008B ) . Purposive sampling technique will be used and try will be obtained from the 3rd state blessing list.

Sample

Since there was merely 77 fishery constitution listed in the 3rd state blessing list in the EUROPA web page on 1 March, 2008, all piscary constitutions in the list will be the mark sample for the research.

Data Collection

Questionnaire will be used to roll up research informations. Besides the questionnaire, cover missive explicating aims of the research and a postage-paid, coded return envelop will be mailed to participants. A softcopy will besides be emailed to participants. Participants can return by hardcopy or softcopy.

Reminder post cards / electronic mails will be sent 3 hebdomads after the initial mailing to promote engagement.

Target respondents of the questionnaire will be forces keeping Quality Assurance Manager or Director place in the piscary constitutions.

Instrument

Questionnaire with close terminal inquiries and Likert graduated tables will be used to obtain appraisal from piscary constitutions on sensed benefits and troubles faced during implementing and operating of Food Safety system and major barriers during acceptance of Food Safety system. A subjective inquiry will be placed at the terminal of each subdivisions which allow participants to add or lucubrate their sentiments.

Validity and Reliability

Face cogency will be carried out during pilot and consequences obtained from piscary constitutions will be transverse checked with consequences obtained from CAs on Malaysia piscary control system and Food Safety system execution.

Chapter 4: Fishery Constitutions

Location

Chapter 4 will be carried out in Malaysia.

Design

The aim for this chapter is to place sensed costs during implementing and runing Food Safety system and to cipher estimated costs of implementing and runing Food Safety system and annualized sum costs per unit of turnover. Therefore, the design of Chapter 4 will concentrate to obtain assessment and estimated costs from fishery constitutions. Questionnaire will be designed and adapted from adapted from Bata, Drosinos, Athanasopoulos, & A ; Spathis ( 2006 ) , Cao & A ; Scrimgeour ( 2004 ) , Deodhar ( 2003 ) , Henson, Holt, & A ; Northen ( 1999 ) . Pilot survey will be carried out with 5 % of the piscary constitutions listed in the 3rd state blessing list in March, 2008. Questionnaire will be reviewed based on pilot participants remark before administering to the staying piscary constitutions in the information base. This is a non-experimental quantitative research.

Sampling

Fishery constitutions listed in the 3rd state establishment list were downloaded from EUROPA web page on 1 March, 2008 ( EUROPA, 2008B ) . Purposive sampling technique will be used and try will be obtained from the 3rd state blessing list.

Sample

Since there was merely 77 fishery constitution listed in the 3rd state blessing list in the EUROPA web page on 1 March, 2008, all piscary constitutions in the list will be the mark sample for the research.

Data Collection

Questionnaire will be used to roll up research informations. Besides the questionnaire, cover missive explicating aims of the research and a postage-paid, coded return envelop will be mailed to participants. A softcopy will besides be emailed to participants. Participants can return by hardcopy or softcopy.

Reminder post cards / electronic mails will be sent 3 hebdomads after the initial mailing to promote engagement.

Target respondents of the questionnaire will be forces keeping Production / Operation Manager or Director place in the piscary constitutions.

Instrument

Questionnaire with close terminal inquiries and Likert graduated tables will be used to obtain appraisal from piscary constitutions on sensed costs faced during implementing and operating of Food Safety system and estimated costs on implementing, operating, care and enfranchisement costs of Food Safety system. A subjective inquiry will be placed at the terminal of each subdivisions which allow participants to add or lucubrate their sentiments.

Validity and Reliability

Face cogency will be carried out during pilot to guarantee cogency and dependability of informations. Estimated costs obtained from different piscary constitutions will be compared to guarantee cogency and dependability of informations.

Datas Analysis

Different informations analysis techniques will be used for different chapters in this research.

Chapter 1:

Datas obtained on from study on nutrient control direction, statute law, review and official control research labs will be entered and analysis utilizing the Statistical Package for Social Science ( SPSS ) ( version 12.0 ) .

Chapter 2:

Hazards identified in Malaysia piscary merchandises rejected by the EU will be categorized for farther analysis and place possible causes for each of the jeopardies and each piscary merchandise types before propose possible solutions to minimise the re-occurrences.

Chapter 3:

Datas obtained on from study on sensed benefits, troubles faced and major barriers will be entered and analysis utilizing the Statistical Package for Social Science ( SPSS ) ( version 12.0 ) . t-tests will be carried out to find if any important differences between piscary constitutions listed in 3rd state blessing list and de-listed.

Chapter 4:

Datas obtained on from study on sensed costs barriers will be entered and analysis utilizing the Statistical Package for Social Science ( SPSS ) ( version 12.0 ) . Annual costs on implementing, operating, care and enfranchisement of Food Safety system will be tabulated and annualized entire costs per unit of turnover will be calculated. At the terminal, relationships between annualized entire costs per unit of turnover and constitution sizes will be established.