Detection of Inconsistencies in Goods
a) Reasons for Most Common Health Rejections and Procedure to Be Followed depending on the Inconsistency.
In the case of imports and depending on the zoosanitary risk, the Secretariat may determine the quarantine guardianship procedure at the expense of the importer and in case of a supervening risk, nullify the issued certification and order the importer the return, conditioning or destruction of regulated goods depending on the animal health risk.
Physical Errors
Incorrect Labeling
Certification Errors
Product Critical Defects or Physical Anomalies
Customs Broker’s Errors
When there is a rejection, OISA’s staff will do the following:
1. Take photographic evidence of the reason for the rejection to be sent to Central Offices on the corresponding report.
2. Goods shall be under custody by SENASICA. Therefore, they may stay in a specific area of PVIZI or in a sealed box. Said seal shall be noted in the observations of the opinion issued.
3. Notify the user that he shall proceed according to Article 72 of the By-laws of the Federal Animal Health Act (LFSA); if not, the OISA may act in accordance with the provisions of Articles 73 and 74 of the same LFSA’s By-laws. (Refer the Standards Section).
b) Inconsistencies and Physical Anomalies of Goods
Criteria to classify eggs inconsistencies or defects:
-
Hazardous foreign materials (glass or plastic).
-
Non-hazardous foreign material (insects or soil).
-
Feathers, hair, lint or skin.
-
Other defects (which individually or as a whole, would seriously affect the appearance or utility of the product; it shall be considered critical).
c) Quarantine Measures
Reasons to apply a quarantine measure.
When SENASICA rejects the goods (deeming that the request to get the importation certificate does not meet the requirements), it shall issue a letter indicating the corresponding quarantine measures. These may be:
i. Return
Action aimed at a load or goods to be returned to the Country of Origin or country of departure, or to a third Country accepting it, when animal health measures are not met.
ii. Conditioning
Sanitary measures ordered by SENASICA in Article 45 Fraction II of the Federal Animal Health Law (LFSA) (Refer to the Standards Section) to apply a treatment for a merchandise regulated therein –to make then adequate or prepare them through the introduction of one or several sanitary measures in order to prevent the introduction and dissemination of pests and disease.
iii. Destruction
Sanitary measures ordered by SENASICA, by which goods intended to be imported into Mexico are disabled due to the fact that they do not meet the applicable regulations and/or pose a sanitary risk for the Country. Expenses incurred in derived from this action shall be paid by the user.
The rejection or negative resolution regarding the shipment formality shall be issued in the following instances:
i. Presence of quarantine-relevant.
ii. Characteristics such as: bad state, color, smell and texture different from the product intended for importation.
iii. Whenever the product does not match with what is declared on the international sanitary certificate.
iv. If there are labeling errors and/or data inconsistencies between the label and the documents, the entire shipment will be deconsolidated to detect all labeling inconsistencies.
v. If the General Animal Health Office (DGSA) issues specific risk mitigation measures, OISA’s staff will verify such measures are applied.
d) Procedure to Return Rejected Goods to the US
The corresponding OISA shall issue a rejection opinion through the VDMCE specifying the reasons for rejection of goods. The Customs Broker and/or importer shall write a letter –preferably on lettered paper and with the original signature. It shall be sent to the Customs personnel in question informing about the goods rejection, and attaching background support and documents for the corresponding shipment for the Customs personnel to be informed, and to schedule, together with the Customs Broker, the day and time for the return of the goods. Once the vehicle has the goods, it shall leave the bonded warehouse/ verification point where it is, and go back to the US. Thus, the Customs and OISA’s personnel shall verify that the transportation with the goods returns to the country of origin through the correct fiscal route.
In the case of processed egg products, the exporter must contact the AMS staff who issued the sanitary certificate as soon as they learn of the rejection of the merchandise and follow the instructions that they indicate.
In the case of egg products, the exporter must contact the FSIS personnel who issued the sanitary certificate as soon as they learn of the rejection of the merchandise and follow the instructions they indicate, or contact FSIS personnel at the border and carry out the same procedure.
Together with the above, the exporter of goods to the US and/or its Customs Broker shall notify CBP at the border through which the goods will return, with a signed free-text letter answering to the following questions:
i. What is the product condition and its immediate packaging?
ii. How long has the product been out of the Country?
iii. Where has the product been since it was exported out of the US?
iv. Under what conditions has the product been maintained?
v. What has been the chain of ownership of the product?
vi. Has the product been abandoned any time?
vii. Is product labeling in accordance with the US regulations?
viii. Product was rejected by a foreign Government, if so, what are the reasons for rejection? A copy of the (rejection) report may be required from the foreign inspection (SENASICA).
ix. Is the product in its original packaging?
x. Was the product marketed in the foreign country?
xi. Are there any food safety issues associated with the return of this product?
xii. What do you plan to do with the product once you return it?
The authorities will review the information and evaluate if goods can reenter the US.
If reentry is allowed, the exporter shall contact a Customs Broker to conduct the necessary formalities before the authorities
APHIS basic steps to return rejected loads:
https://www.fsis.usda.gov/inspection/import-export/export-guidance
Salmonella
FDA has implemented regulations to help prevent egg contamination in the farm or during transportation and storage. It requires that all shell egg boxes that have not been treated to destroy Salmonella have the following safe-handling statement:
Shell eggs that have been pasteurized to destroy Salmonella do not need to have the Safe-Handling Instructions, but signs will usually say that they have been treated.
e) Traceability
In accordance to the definitions of traceability by the Codex Alimentarius and the Federal Animal Health Law, respectively, traceability is:
“Series of systematic technical and administrative activities that allow to keep track of processes related to birth, rearing, feeding, reproduction, harvesting and processing of an animal, animal products, and chemical, pharmaceutical, biological and food products for animal use or animal consumption until their final consumption –identifying in every step, its spatial location and, as applicable, animal health and contamination risks that may be present in each one of the activities.”
The manufacturer of the products must establish an identification and registration system that clearly links the product by place and date / time of processing to specific USDA contracts and destinations. When a company uses the same commercial label for a certified specification product and a commercial product, the identification system must differentiate between product and commercial product.
Therefore, traceability is the possibility to find and trace back, throughout all production, transformation and distribution steps of a food or substance aimed at being incorporated in food. Traceability gives credibility and efficacy to the control system for animal safety throughout the food chain.
A good traceability system, plays an important role in protection of consumers’ interest, and gives great benefits for companies, such as:
-
It allows to demonstrate the cause of a problem.
-
It facilitates the actions taken, aimed at preventing the recurrence of a problem.
-
It fosters commercial food safety of products and generates trust in consumers.
-
It increases safety and economic benefits for different stakeholders of the supply chain of goods.
-
It is a tool to get a high-level of protection of life and health of individuals.
-
It contributes with quality assurance and product certification.
-
It allows for more efficiency in managing food safety incidents, crises or alerts. This prevents or softens the effects of possible alarms in the population, which so much harm has inflicted on consumers, the industrial sector, as well as the authorities involved.
Egg manufacturers and processors must have a system that allows all ingredients used to be tracked, from raw materials to the finished product. The requirements include:
-
Keep records of the components used by all suppliers.
-
Keep records of the companies to which you have supplied products.
-
Link records to test results.
-
Inform the authorities in case of emergency.
-
Label or mark all semi-finished and finished products appropriately.
-
Work within an integrated and preventive quality management system.
The following aspects can be taken into account to have an effective traceability system in table eggs:
-
Labelled.
-
Laying date.
-
Lot.
-
Weight.
-
Size.
-
Country of origin.
-
Country of origin.
-
Destination country.
-
The installation number of the processing plant.
-
Health certificate.
-
And any seal or brand that the authority has expressed in the products or their packaging.
The monitoring of the movement of a product is linked to commercial information and internal processes and self-controls.
f) Tariff Classifications not Obliged to Pay for Value Added Tax (VAT)
There are tariff classifications that are not obliged to pay for the VAT at the time of importation in accordance with the Value Added Tax Law in effect and Annex 27 (VAT-exempt goods) of the General Rules of Foreign Trade in effect. Both the US exporter and the Customs Broker in Mexico shall know the classifications and goods that are exempt to correctly declare it on the importation pedimento.
Goods not Subject to Pay for the VAT (Annex 27)
General Foreign Trade Rule 5.2.3.: Goods which according to the VAT Law are not subject to pay for this tax during importation shall be, among others, those indicated in Annex 27.
When in Annex 27, the tariff classification of the goods to be imported is not included, and the importer believes that VAT shall not be paid for the importation of its goods, one may resort to a consultation in accordance with Rule 4.4.4. of the Resolución Miscelanea Fiscal (Annual Temporary Tax Rules) (RMF).
VAT Law, Article 2. A. The tax shall be calculated applying a 0% rate to the values referred to herein, when the transactions or activities are as follows:
I. Transfer of (Property):
a) Non-industrialized animals and plants, except for rubber, dogs, cats and small species used as pets at home.
If you wish to read the Value Added Tax Law, you may click on the following link:
https://www.diputados.gob.mx/LeyesBiblio/pdf/LIVA.pdf
If you wish to read the updated Annex 27 with the list of tariff classifications that are not subject to pay VAT, you may click on the following link (click on Annex 27):
https://www.sat.gob.mx/normatividad/57960/reglas-generales-de-comercio-exterior
g) Indications and Warnings on Goods
Goods shipped for importation into Mexico shall comply with the following:
-
Boxes or packages shall be arranged and sealed so that during transportation they do not move, flip over, break or get crushed.
-
Make sure that what is physically sent matches the documentation submitted.
-
Palettize and arrange goods appropriately for safety, as well as to have an easy and agile deconsolidation and physical inspection by the authority.
-
The Mexican health authority may inspect 100% of goods to be imported. Thus, it is key that each box is duly placed, clean, closed, in order and with fully visible and readable labeling information.
-
Labels shall be made of a resistant and durable material with sufficient glue to withstand movement and handling of boxes, as well as to withstand the temperature and humidity in the container.
-
To thoroughly check the box or container in order to verify it was completely cleaned and sanitized before the shipping of goods, as well as identify and note any possible damages.
-
Make sure the temperature is appropriate depending on the state of the goods (dried, fresh or frozen).
-
It is recommended that the signature of USDA’s official who signs the sanitary certificate of origin shall be using a different color than black. https://www.fsis.usda.gov/sites/default/files/media_file/2020-07/9000.1.pdf (Page 10, subsection H).
-
All certificates and labels must be typed, handwritten documents will not be accepted.
-
If the lot numbers are different and/or very lengthy and do not fit in the origin sanitary certificate, a second or third certificate shall be used.
-
To verify that the lock or stamp declared on the origin sanitary certificate physically matches the one placed on the transportation; do not break or open until reviewed by the Mexican Customs.
-
On the labels, declare the packing, harvest and expiration dates using the following format: day/month/year.
-
It is forbidden to enter frozen or fresh products into Mexico contained in primary packaging which in turn are contained in secondary packaging which DOES NOT allow for the verification of the labeling of each individual primary packaging.
-
Labels shall not be adhered onto the plastic wrapped around the boxes.
-
Before shipping of the goods, it is important to send to the Customs Broker all required documentation, as well as the photographic support of the load, labels and origin sanitary certificate to make sure all is correct.
-
To avoid marking and/or crossing out information with a marker on the boxes, since it may be considered as altered information.
-
When an origin sanitary certificate replacement is requested, all duplicates shall be turned in.
-
To avoid affix or adhere stamps and information different from that pertaining to the goods.
-
Mexican Customs requires that invoices and certificates of Country of Origin show full addresses, including the city/state and the postal code.
-
It is recommended to have a temperature monitor or to record temperature to prove before authorities in case of discrepancies.
-
Health certificates shall be registered or processed using a text processor or in a computer. The health certificate number shall also come from a text processor or computer. Hand-written documents shall be rejected. Mexico shall not accept hand-written corrections, erasures, text out of line, corrections or crossing-outs.
-
Some pasteurized dried egg products are exempt from Value Added Tax in Mexico. It is important to contract an experienced Customs Broker and verify if the product is eligible.
-
To export fully cooked eggs to Mexico, the plant shall be included in the Processed Eggs and Egg Products Export Verification Program (PEEPEV).
