THE USER'S MANUAL ON CODEX - Department of Biotechnology

k Code of Practice.
k Other legal and administrative procedures.
Where stated in the General Principles, expanded in specific requirements, and not covered by appropriate
food legislation, regulations, standards, Codes of Practice and other legal and administrative procedures
in the importing country, food that is exported should conform to the General Principles stated in
specific requirements. It should take into account such standards, Codes of Practice or other guidelines
elaborated by the CAC that are applicable to the food or practice or other guidelines elaborated by the
CAC for the food or practice concerned.
The authorities of the importing country should inform the competent authorities in the exporting country of
all relevant facts of serious cases involving considerations of human health or fraudulent practices and, in
particular, the details of the origin of the product in question, and a statement concerning the facts of the
matter made to the importing country. This is applicable where, in an importing country, a food product:
a. Is found not meeting the health and safety considerations.
b. Claiming to be in compliance with a standard, Code of Practice or other generally accepted
certification system is found not to be in compliance, whether in respect of the label accompanying the
product or otherwise.
c. Is the subject of unfair trade practice, or otherwise not conforming to the provisions of this code.
4.5.1 Who is Responsible for Implementation?
The government of the respective country shall develop practices to facilitate ethics in
international trade.
4.5.2 How Should the Government Act?
k Provide adequate food legislation.
k Provide adequate food control infrastructure.
k Provide certification and inspection systems.
k Provide legal or administrative procedure.
Governments of exporting countries should:
a. Employ, as appropriate and practicable, legal or administrative controls aimed at preventing the
export of shipments of food that do not comply with the provisions of implementation.
b. Promptly notify the importing country of the export of shipments of food found not to comply with,
when legal or administrative means of preventing exportation are not available, or were unsuccessfully
applied, or where non-compliance was determined after exportation.
c. Make available to the importing country, upon request, suitable certification, inspection or other
procedures as appropriate with the manner of compensation for these services to be agreed upon
between governments. These include:
k Consultative procedures as may be established between governments of importing and exporting
countries, and, generally, between all those concerned with international trade.
k The extent to which international food standards, Codes of Practices and similar other recommendations,
elaborated by the Codex Alimentarius Commission, are considered and accepted where relevant
and appropriate.
All concerned with international trade in food should take into account the General Principles detailed
in this guideline.
4.6 Provisions During an Emergency Situation
Where special circumstances exist under which it is neither possible nor desirable to apply certain
provisions of this code, as in the case of famines and other emergencies.
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