Voluntary Report -- Public Distribution

**Date:** 8/192005

**GAIN Report Number:** MX5073

MX0000

**Mexico**

Food and Agricultural Import Regulations and Standards

**Implementation of Secretariat of Health Regulations Governing Certain
Segments of the Meat Industry**

2005

**Approved by:**

![](media/image1.wmf)Suzanne E. Heinen

#### U.S. Embassy Mexico City

**Prepared by:**

David Williams

**Report Highlights:**

Mexico\'s Secretariat of Health will implement regulation numbers 213
and 194 on September 11 and 18, 2005 respectively. The regulations
establish requirements and standards for Mexico\'s municipal slaughter
plants and the production of both raw and processed meats, but certain
provisions will also be applied to imported meats as well as products
produced at plants inspected by the Secretariat of Agriculture. Of
particular concern is a standard of \"absent\" for the presence of
Salmonella in uncooked meats. While Government of Mexico officials have
tried to downplay the effects of this standard on trade, it could result
in the de-listment of U.S. meat plants on the occasions when it is
applied and samples are found to be positive for Salmonella.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Mexico \[MX1\]

\[MX\]

The Mexican Secretariat of Health's regulations (NOM) 213 and 194 will
go into effect on September 11 and 18, 2005 respectively, see MX 4132
for additional details. Both rules have been through the full regulatory
process, which included the publication of proposed rules and a request
for comments. Certain provisions of NOM 194 were imposed for a time in
2003 on an emergency basis.

The Secretariat of Health has primary federal (albeit somewhat limited)
oversight of Mexico's estimated 1,500 municipal slaughter plants and
1,000 "mataderos" (smaller slaughter plants) and these rules principally
apply to these plants in an effort to strengthen federal oversight.
However, according to Secretariat of Health officials, imported meat and
meat produced at the 200+ plants that are inspected by the Secretariat
of Agriculture may also be sampled and subjected to certain standards of
this regulation under the Secretariat of Health's mandate to protect
human health.

Of particular concern is a provision establishing a Salmonella tolerance
of "absent" in any 25 gram sample of frozen, chilled, or vacuum packed
meat. No distinction has been made between cooked and uncooked meat.
Consequently, raw meat will be subject to a tolerance of "absent" for
the presence of Salmonella.

The Office of Agricultural Affairs, the Food Safety Inspection Service,
and other affected governments have raised concerns about this tolerance
since 2003 when the provisions of NOM 194 were implemented for a period
of time on an emergency basis. Nevertheless, the Secretariat of Health
indicates that because this provision is now contained in a final rule,
it will be implemented and enforced. While the presence of Salmonella in
raw meat, particularly raw poultry meat, occurs to some degree in all
countries under current processing standards and technology, the
Secretariat believes that the standard of "absent" is consistent with
Mexico's international obligations. The Secretariat of Health indicates
that the rule will be administered along the following lines:

1.  Sampling of products will take place primarily at points of sale and
    municipal processing and slaughter plants. However, Secretariat of
    Health officials indicate that they have the authority to sample at
    any point along the marketing chain. The Secretariat of Health has
    limited resources at land and sea ports of entry and is considering
    establishing a protocol with the Secretariat of Agriculture to
    facilitate testing of imported products. It is not clear when this
    protocol will be established. Until a protocol is established, it is
    expected that there will be very limited testing of imported
    products at ports of entry under the provisions of this regulation.
    However, imported products could also be tested at points of retail
    sale or at other points along the marketing chain after entering the
    country. The Secretariat of Agriculture has been sampling cooked
    poultry product imports for Listeria and Salmonella on behalf of the
    Secretariat of Health since 2003. Officials have indicated that
    these tests are only for informational purposes.

2.  If a sample is positive for Salmonella or other pathogens for which
    standards have been established, an additional five samples from the
    same lot will be tested. If any of these samples prove to be
    positive, the lot will be deemed contaminated. In the case of
    domestically produced meat, a recall will be initiated. In the case
    of imported meat tested at the border or at a retail location, the
    Secretariat of Health will trace the product back to the plant of
    origin and notify the Secretariat of Agriculture. If the plant is
    deemed to be the source of the contamination, the Secretariat of
    Agriculture will be asked to take necessary corrective actions,
    which could include de-listment of the plant or increased monitoring
    of shipments from the plant in question.

Comment: The Secretariat of Health maintains that its standard of five
out of six clean samples equating to a tolerance of "absent" for the
presence of Salmonella is sound and consistent with international
standards, as outlined by the Association of Analytical Chemists. It
would seem that Mexico is no exception to the presence of Salmonella in
raw meat in even the best-run slaughter and processing operations.
Consequently, if enforced rigorously, this rule could eventually lead to
significant disruptions and recalls in the domestic meat industry. As
for the effect on imports, Secretariat of Health officials have tried to
downplay the potential impact of this rule, stating that their primary
focus is on the domestic industry, that their resources are limited, and
that border sampling will be very limited. Nevertheless, the fact that
this rule is "on the books" means that it can be applied at anytime,
which could add a certain degree of uncertainty to exporting uncooked
meat to Mexico. It is likely that sampling of imported products will be
infrequent, but positive findings could be costly for the affected U.S.
supplier when they occur. The Food Safety Inspection Service is in the
process of writing a letter to the Secretariat of Agriculture raising
their concerns and the Office of Agricultural Affairs will continue to
try and press this issue with Government of Mexico officials.