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The U.S. Congress imposed restrictions on poultry imported from China when it approved in February-March, 2009, and President Obama signed into law on March 11, 2009, a Fiscal Year 2009 (FY2009) appropriations bill that inter alia imposed the ban. This omnibus bill, which was designated as H.R.1105 and became Public Law 11-8 upon its entry into force, included a provision (section 727) stating that, 'None of the funds made available in this Act may be used to establish or implement a rule allowing poultry products to be imported into the United States from the People's Republic of China.'
The report from the Appropriations Committee of the House of Representatives elaborates upon the intent of the FY2009 provision, and also sets further requirements:
There remain very serious concerns about contaminated foods from China and therefore the bill retains language prohibiting FSIS 'the Food Safety and Inspection Service' from using funds to move forward with rules that would allow for the importation of poultry products from China into the U.S. It is noted that China has enacted revisions to its food safety laws. USDA is urged to submit a report to the Committees on the implications of those changes on the safety of imported poultry products from China within one year. The Department is also directed to submit a plan of action to the Committees to guarantee the safety of poultry products from China. Such plan should include the systematic audit of inspection systems, and audits of all poultry and slaughter facilities that China would certify to export to the U.S. The plan also should include the systematic audit of laboratories and other control operations, expanded port-of-entry inspection, and creation of an information sharing program with other major countries importing poultry products from China that have conducted audits and plant inspections among other actions. This plan should be made public on the Food Safety and Inspection Service web site upon its completion.
On April 17, 2009, the People's Republic of China requested consultations with the United States in the World Trade Organization (WTO). This is designated by the WTO as dispute DS392. China stated in its request for consultations (WTO document WT/DS392/1 of April 21, 2009) that the United States 'is in breach of its obligations under the GATT 1994 and the Agriculture Agreement, including but not limited to the following provisions thereof: Articles I:1 and XI:1 of the GATT 1994;and, Article 4.2 of the Agriculture Agreement.' China also cited several provisions of the Agreement on the Application of Sanitary and Phytosanitary Measures that the United States is alleged to violate.
The Food Safety and Inspection Service (FSIS) of the United States onAugust 30, 2013 gave approval to China to export processed poultry tothe United States. The approval process involved affirmation thatChina's food safety inspection system for processed poultry isequivalent to that of the United States. The final China 2013 ForeignAudit Report allows China to export to the United States processedpoultry products made from raw poultry that originated in either theUnited States or Canada, but not China.
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