Here Comes the FDA

Published in Takungpao
(Hong Kong) on 08 December 2008
by Qun Chen (link to originallink to original)
Translated from by Yung Ting Chang. Edited by Louis Standish.
The overseas office of the U.S. Food and Drug Administration (FDA) unveiled its logo on November 19th in Beijing, which is the first time the U.S. has established a food and drug investigation organization outside of the U.S. territory. The FDA will open other overseas offices later in Guangzhou and Shanghai. Shao Mingli, the chief of State Food and Drug Administration (SFDA) indicated that advancing the inspection from destination to pre-shipment is an act of pre-emption. The commentator of the China Central Television (CCTV) thinks that “forestalling the potential problems is necessary and more effective than remedying the lethal aftermath.” In the meantime, whether the FDA is trying to take the wind out of China’s sails is also something needs to be viewed objectively.

The First Whack at China

Is China the sole destination where the FDA has set up an overseas office? According to the FDA spokesman, their following goal is to establish offices in India, South America, the Middle East and Europe. As for the reason why it started with China, the FDA only states that on June 30, President Bush had already examined and approved 20 million dollars in funding for the establishment of the five branch organizations within India and China. It emphasizes that “setting up oversea offices is to intensify the strong supervision of imported food and drugs…it is not about targeting at China.” The Secretary of Health and Human Service, Michael Leavitt, explains: “China is the most valuable trading partner of the U.S. For every six dollars of imported goods, there is one dollar from China.” The establishment of overseas offices represents that on the field of food and drug supervision, the two countries have reached a new era. “That allows us to have better communication and closer collaboration with the manufacturers and authorities of the resident countries. We could share experience and further ensure that from producing to consuming, the safety and quality-oriented concept has been thoroughly practiced in every procedure,” Mr. Shao stated. With the development of economic globalization and trade diversification, food and drug safety is already an international issue that needs to be handled by all regulatory authorities. The establishment of the FDA offices in China has further improved the interaction and collaboration. Minister of Health Chen Zhu stated that the cooperation of food safety supervision between the U.S. and China is based on mutual willingness. The Chinese government, who holds a sincere and open-minded attitude, would reinforce its interchange with its U.S. counterpart and be cooperative under the principle of transparency and mutual trust.

Given that internationalized food and drug is an inevitable trend, reinforcing cooperation between nations is essential. From the official announcement, the approach of the FDA’s Chinese office is conducted under China’s consent, ruling out the saying of “having the first whack.” Nevertheless, there must be reasons why the same procedure did not simultaneously apply to India. I personally think there are four points: firstly, while China is the biggest importing country of the U.S, the massive trade deficit has always been one of the U.S.’s great concerns. Hence, it is reasonable for them to tighten up the supervision on imported goods. Secondly, in the WTO dispute, America has been stringent with China. Besides, problems had indeed occurred on China’s exporting food. Accidents like the Sudan Red G and the contaminated milk powder of Sanlu Group have triggered devastating impact and arouse America’s anxiety. Finally, the FDA has been harshly criticized for being an insufficient administor within America, which is exactly the reason why it needs to open overseas offices.

Correspond to China’s Will

According to the media, the FDA will dispatch eight diplomatic staffs to the three overseas offices in China. Apart from the director, experts in the fields such as food, drug and medical devices will also be stationed. They have four main responsibilities: first, working as a mediator among the FDA and relative divisions in China, such as SFDA, General Administration of Quality Supervision, Inspection and Quarantine of the PRC (GAQSIQ) and etc. Second, introduce U.S. importing standards to China. Third, assist China in fortifying its supervision ability. Fourth is to examine the imported food and drug from China. The measures above are also accordant with China’s consent. In terms of safety accidents on food and drug that happen quite frequently, China is taking various measures to strengthen its ability of food safety examination. A scheme of boosting food safety will commence under the leadership of the State Council of PRC. The scheme includes: rearranging the use of food additives. Further reinforce the law of food safety and establish a fundamental drug system that fully applies to China. Finally, consolidate the government’s responsibility of examining the drug safety by establishing safety inspection and assessment organizations. It will also form a national risk assessment committee of food safety and meanwhile expand its oversight network to every province of China. Mr. Chen stated that “under the leadership of the Chinese government, we are confident to straighten up companies and fulfill our duty of supervision.” The residency of the FDA will be helpful for China to put those measures above into practice and to boost the ability to inspect the safety of food and drug.

On one hand, some people agree with that view above. Mr. Zhang, from Jiangxi Huayi Food Co. Ltd, thinks “In the past, the cost of communication between companies and the FDA was sky high. Now since the FDA resides in China, we can communicate more directly.” “Some of the inspection items and methods conducted by the U.S. were not transparent,” he cited, such as examining the chemical residue crystal violet. The FDA only released the examining criteria but not the methods. Once the FDA has resided in China, companies can consulted with the technical staffs directly. Mr. Chang of the Jiangxi Huayi Food Co. Ltd expressed it like this: “As a matter of fact, the FDA’s residence benefits the exporting companies. Chinese enterprises can therefore learn more about the FDA standards and be in line with international practice.” Needless to say, the inspection is highly random. That would be a problem if the results of examination from two sides are inconsistent, which is something that Mr. Zhang could not deny.

Enterprise’s Disagreement

On the other hand, doubts still exist. When interviewed with “Dasheng” magazine, Li Shu Gwang, the international trade manager of the Guangdong Evergreen Group has said, “What the FDA is really up to is to get well-prepared for American products entering into Chinese market. They simply want to understand the inspection measures in China. All the FDA is concerned with is merely America’s interests. They set up many ways to restrict Chinese imported products, including increasing the technical barriers and raising the standard of chemical residue. For China’s interest, they do not even bother.” He believed the FDA would not meet people’s expectation. As for reports from the media, he also believed that “Undoubtedly, it is a kind of humiliation for China. This action means that China has lost its authorities on the field of food and drug inspection. The U.S. does not trust in China’s inspection abilities anymore. Instead, they dispatch their own personnel to China and undergo this supervision in order to cut down the thorny problem of Chinese food safety at the early stage. Even if the U.S. has reiterated that this measure does not target China, insiders generally think it would give China the first shot.”

In my opinion, no matter what people think, the crucial thing is whether the FDA can keep its promise. The “mutual interests” should not merely be a slogan, but they should really work on it. The Americans are quite notorious for their egoistic finesse. For the worry about FDA’s arrival as crying wolf, the division officer of the U.S. Ministry of Foreign Affairs has said that “China has already taken these problems into account. The FDA branch institutions in China would not cause severe impact on the Chinese exporting companies.”


美食品藥品監管局來了/ 陳群 2008-12-8

美國食品藥品監管局(FDA)駐中國辦公室,於11月19日在北京揭牌。這是美國首次在外國設立食品藥品監管機構。北京之後,還將在廣州、上海設立辦公室。中國食品藥品監管局局長邵明立指出,把進口國到岸後檢驗前移到出口國離岸前檢驗,是「先發制人」之舉。中央電視台新聞評論員認為「先發制人」要比「後發致命」好。食品藥品監管「先發制人」確有必要,同時美國FDA對中國「先發」是否「制人」,也要有客觀全面思考。
對中國「先發」是否只在中國設立駐外辦事處?FDA新聞發言人表示,還將在印度、南美、中東、歐洲四地開設辦事處。但對於為何「先發」中國並沒有明確解釋,只是透露,布什總統已於6月30日審批了2000萬美元資金,主要用於在印度和中國建立5個分支機構。FDA強調,在境外設立辦事處是「為了加大其他國家出口至美國的食品藥品監管力度……並不是只針對中國」。衛生和公眾服務部長萊維特解釋:「中國是美國最珍視的貿易夥伴,平均每6美元的進口貨物中就有1美元是中國的」。設立辦公室「標誌著中美兩國在食品藥品監管領域開啟了新的時代,使我們能夠與駐在國的政府部門、製造商等進行更密切的溝通合作,更好地分享經驗,進一步確保質量安全的理念融入食品藥品生產、消費的每一個環節」。邵明立局長認為,「隨著經濟全球化、貿易多元化的發展,食品藥品安全問題早已跨越國界,成為各國監管部門面臨的重大挑戰。美國食品藥品監管駐華辦公室的成立,將進一步推動中美兩國在食品藥品安全領域的交流與合作」。衛生部長陳竺表示,「中美食品安全監管合作是雙方的意願,中國願意本著真誠和開放的態度加強與美國同行的交流,並將以公開透明、互利互信的原則對待食品安全國際合作」。
筆者以為,針對食品藥品的國際化趨勢,國與國加強監管合作必不可少。從公開表態看,美國選擇中國「先發」是「雙方意願」,就不好說是「制人」,但並沒有與印度同時派出,總有一些背景原因。筆者以為有四點:一是中國是美國最大進口國,雙方貿易順逆差不平衡早使美國耿耿於懷,嚴格監管中國進口商品在情理之中;二是在WTO爭端中,美國對中國一直「要求相當嚴格」;三是中國出口的食品確實出現過問題,從「蘇丹紅」到「三鹿事件」,在全球造成惡劣影響,美國也深感擔憂;四是FDA監管不利已遭美國內嚴厲批評,也是派駐國外的重要原因。
符合中方意願
據媒體介紹,FDA將向3個駐華辦公室派駐8名常駐人員,除主任外,還有食品、藥品、醫療器械等領域的專家。其主要職能有四項:一是與中國食品藥品監管局、國家質檢總局等相關部門溝通協調;二是向中國介紹美國進口標準;三是幫助中國加強在食品藥品監管方面的能力建設;四是對中國出口至美國的食品藥品進行檢查。這些做法也符合中方意願。由於在食品藥品安全上屢出事故,中國正在採取多種措施加強食品安全能力建設。根據國務院安排,將啟動食品安全行動計劃﹕其一,對食品添加劑展開全面整頓;其二,加強食品立法,建立國家基本藥物制度;其三,增強政府在藥品安全中的監管責任,成立專門安全檢測與評估機構,成立國家食品安全風險評估委員會,並建立覆蓋各省、延伸至市縣的監測網絡等。衛生部長陳竺表示,「我們有信心在中國政府的堅強領導下把企業搞好,把監督工作搞好」。FDA進駐中國,「將有助於上述措施的實施,有助於中國提高食品藥品監管方面的能力建設」。
一方面是贊成觀點。江西華誼食品有限公司張先生認為,「以前FDA在美國,企業溝通成本很高,現在到了中國,可以直接溝通」。他舉例說,美國一些檢測的項目和方法不是很透明,例如對於農殘「結晶紫」,FDA只公布了檢測標準,但沒有公布檢測方法,如果FDA到了中國,就可以直接向其技術人員諮詢。雙匯國際貿易部負責人常先生認為,「FDA來中國其實給中國出口企業提供了便利條件,中國企業可以更便利地了解FDA的標準,與國際接軌」。當然,張先生也不否認,由於檢測的隨機性很強,如果中國和FDA同時檢測,但檢測的結果不一樣就是問題。
企業存異議
另一方面是質疑觀點。廣東恆興集團有限公司國際貿易部負責人李曙光接受《大生》雜誌記者採訪時說,「FDA真正目的是為美國產品進軍中國做準備,他們想了解中國進口的檢測方法」。「FDA只是為美國的利益考慮,不可能為中國考慮。因為美國有很多限制中國進口的方法,例如提高技術壁壘,提高農殘指標門檻等」。他認為「FDA不會達到人們的預期」。還有媒體報道,「這對於中國無疑是一種羞辱。這意味著中國在食品及藥品監督領域的權威喪失,美國已經不再信任中國的食品檢測,乾脆親自派人赴中國進行抽查,在源頭上掐斷『中國問題食品』」。「雖然美國一直強調並不是只針對中國的,但業內人士普遍認為中國是FDA的首家試驗地」。
筆者以為,贊成也好,質疑也罷,「新思維」也可,關鍵是FDA能否做出它所「承諾」的舉動。不要口頭大講「雙方互利」,實際「只顧美國」。歷來美國處事之「獨」人所共知。對於FDA到中國是「狼來了」的擔憂,中國外交部美大司主管官員說:「對這些問題,中國有考慮。」「FDA在中國設立分支機構,不會對中國的出口企業造成太大衝擊」。

This post appeared on the front page as a direct link to the original article with the above link .

Hot this week

El Salvador: The Game of Chess between the US and Venezuela Continues

Austria: The US Courts Are the Last Bastion of Resistance

       

Poland: Marek Kutarba: Donald Trump Makes Promises to Karol Nawrocki. But Did He Run Them by Putin?

Austria: Donald Is Disappointed in Vladimir

Austria: If This Is Madness, There is a Method to It

Topics

Sri Lanka: Qatar under Attack: Is US Still a Reliable Ally?

Taiwan: Trump’s Talk of Legality Is a Joke

Austria: The US Courts Are the Last Bastion of Resistance

       

Poland: Marek Kutarba: Donald Trump Makes Promises to Karol Nawrocki. But Did He Run Them by Putin?

El Salvador: The Game of Chess between the US and Venezuela Continues

Austria: Donald Is Disappointed in Vladimir

Austria: If This Is Madness, There is a Method to It

Germany: It’s Not Europe’s Fault

Related Articles

Hong Kong: Foreign Media Warn US Brand Reputation Veering toward ‘Collapse’ under Trump Policy Impact

Hong Kong: The Lessons of World War II: The Real World Importance of Resisting Hegemony

Hong Kong: Can US Tariffs Targeting Hong Kong’s ‘Very Survival’ Really Choke the Life out of It?

Hong Kong: What Makes US Trade War More Dangerous than 2008 Crisis: Trump

Hong Kong: China, Japan, South Korea Pave Way for Summit Talks; Liu Teng-Chung: Responding to Trump