Cross-Strait Food Safety Agreement
· Area of Law： Health and Sanitation
· Level of Authority： Group Provisions
· Date issued：11-04-2008
· Effective Date：11-11-2008
· Status： Effective
· Issuing Authority： Association for Relations Across the Taiwan Straits
Cross-Strait Food Safety Agreement
(November 4, 2008)
To improve the communication and mutual trust across the Taiwan Strait on food safety issues and safeguard the safety and health of the people across the straits, upon equal negotiations, the Association for Relations across the Taiwan Straits (ARATS) and the Straits Exchange Foundation (SEF) have reached an agreement on the food safety issues across the strait as follows:
I. Exchange of Information
Both parties agree to exchange with each other the food safety information necessary for the cross-strait trade and the important food safety information and emergencies affecting the health of the people across the strait in a timely manner.
For any party's inquiry about such information, the other party shall give a quick response and provide necessary assistance.
II. Mechanism of Assistance in Resolution
Both parties agree to set up a mechanism of assistance in handling significant cross-strait food safety incidents and take the following measures to properly handle such incidents:
1. negotiating and exchanging the relevant information instantly;
2. temporarily suspend the production and export of the relevant products;
3. immediately taking the products off the shelf or recalling the relevant products;
4. providing convenience for making on-spot investigations;
5. verifying and releasing information, and exchanging with each other the relevant information;
6. providing an analysis on the cause of incident and a plan for improvement;
7. urging the responsible parties to properly handle disputes and providing assistance in protecting the rights and interests of the victims; and
8. informing each other of the investigation into the responsibilities for the incident in a timely manner.
III. Business Communication
Both parties agree to set up a system under which the experts of the competent departments in charge of the cross-strait business hold meetings and exchange visits on a regular basis so as to have business communications and information exchanges in terms of food safety rules, inspection techniques and supervisory measures of both parties.
IV. Document Formats
Both parties shall use the document formats determined by them upon negotiations for purposes of exchanging information, making inquiries and making business contacts.
V. Contact Issues
1. The coordinators designated by the competent departments of food safety of both parties shall be responsible for contacting each other to implement the issues as described in this Agreement. Other entities may be designated upon the consent of both parties when necessary.
2. The ARATS and SEF shall be responsible for contacting with each other for other issues relevant to this Agreement.
VI. Fulfillment of and Modification to this Agreement
Both parties shall abide by this Agreement.
Any modification to this Agreement shall be made upon the consent of both parties and confirmed by both parties in written form.
VII. Dispute Settlement
For any dispute arising from the application of this Agreement, both parties shall settle it through negotiations as soon as possible.
VIII. Other Issues
Issues not stipulated in this Agreement shall be solved separately by both parties in an appropriate way.
This Agreement shall come into force seven days from the day when it is singed by both parties.
This Agreement was signed on the fourth day of November in quadruplicate with each party holding two of copies.
Association for Relations across the Taiwan Straits Straits Exchange Foundation
President Chen Yunlin President Jiang Bingkun