3.76.  No major changes have been made to the SPS legislative and institutional framework since Jamaica's last TPR. The Jamaican SPS regime is regulated by (as amended): the Agricultural Products Act, 1926; the Plants Quarantine Act, 1993; the Processed Food Act, 1959; the Animal Diseases (Importation) Act, 1943; the Aquaculture Inland Marine and By-Products Act, 1999[79]; the Public Health Act, 1985; the Public Health (Meat Inspection) Regulation, 1995; the Public Health (Butchers) Regulations, 1989; the Public Health (Nuisance) Regulation, 1995; the Public Health (Food Handling) Regulations, 1998; the Food and Drugs Act, 1975; the Meat, Meat Products and Meat By-products (Inspection and Export) Act, 1998; the Food Storage and Prevention of Infestation Act, 1953; the Food Storage and Prevention of Infestation Regulations, 1973; the Citrus Plant (Certification) (Amendment) Regulations, 2012; the Plants (Importation) Control Regulations, 1997; and the Plants (Quarantine) (Wood Packaging in International Trade) Regulations, 2012.[80]

3.77.  The Plant Quarantine Branch of MICAF is the WTO/SPS enquiry point.[81] It issues pre-entry import permits for all fresh fruit and vegetables, plants, and plant parts. The products under the import permit must be accompanied by certificates stating their phytosanitary condition. Imports of live animals and all animal products require an import permit from the Veterinary Services Division of MICAF. Imported animals are held in quarantine at the Government Quarantine Station. Pharmaceuticals and nutraceuticals for both human and animal consumption require an import permit from the MoH. All food intended for human consumption is subject to random public health inspection upon arrival. Jamaica's pest-risk analysis unit is responsible for preparing import risk assessments, identifying the quarantine risks associated with requests to import plant or plant products, and recommending quarantine measures to manage these risks

3.78.  The National Agricultural Health and Food Safety Coordinating Committee (NAHFSCC) comprises senior technical officers from various government entities, academia, and the private sector. The objective of the NAHFSCC is said to establish and maintain a rational, integrated farm-to-table agricultural health and food safety system in Jamaica that harmonizes inter-agency conflict and overlaps and ensures the protection of public health. The food safety policy provides the foundation for Jamaica's food safety programme and the institutional arrangements

3.79.  The MoH is responsible for formulating policy on human health, including matters of food safety and hygiene as they relate to: the inspection and regulation of local and imported food; management of the registration and regulation of pharmaceutical products; and food additives, cosmetics, certain chemicals and devices, and pesticides. The Ministry cooperates with the BSJ in the regulation of food items. Fresh produce exports are tested for pesticide residue prior to shipment to determine whether they meet the standards of the importing country. The testing is done on a voluntary basis by the exporter without the involvement of the regulatory agencies. However, limited random testing of fresh produce imports for pesticide residue is done by the Pesticides Control Authority. Legislation on pesticide maximum residue limits (MRLs) for Jamaica is currently being drafted and Jamaica intends to adopt the International Codex MRL standards

3.80.  MICAF is responsible for the surveillance and control of plant and animal pests and diseases, as well as the regulation of meat and meat by‑products, aquaculture, and marine products and by-products. It is the contact point for the World Organization for Animal Health (OIE) and for the International Plant Protection Convention (IPPC). Jamaica is also member of the Codex Alimentarius Commission, and the Codex contact is located at the BSJ.[82]

3.81.  All the processes involved in exporting fresh produce (such as produce inspection, customs inspection and documentation, and airline cargo handling services) occur at one location. Air shipments are inspected at the export complexes located at the two international airports, although this is not mandatory. In addition to the requirements specified in regulations, Jamaican industry has adopted the Hazard Analysis and Critical Control Programme (HACCP), a food safety management system, which provides a means of creating an effective hazard control programme. It is recommended by the regulatory agencies in Jamaica as an effective tool for food safety

3.82.  The Import/Export Inspection Centre, established in 2009, provides a central location to coordinate the inspection of traded goods, achieve quicker inspection processing time, and keep pace with global trends in trade facilitation to boost trade competitiveness and attract investment. It houses under one roof the regulatory agencies responsible for human health and safety, animal health and plant health, covering the operations of MICAF and the MoH; Customs has no control over the Inspection Centre. In addition to custom documentation, import permits, licences, sanitary and phytosanitary documents may be necessary (Table 3.11). The time taken for the processing of documents and cargo at the Inspection Centre is, on average, six hours or less

3.83.  Some of Jamaica's RTAs contain provisions on sanitary and phytosanitary measures, for example the CARICOM-Costa Rica FTA and the CARICOM-Dominican Republic FTA. Instructions for the drafting of a Biosafety Bill are pending the approval of Cabinet; the Bill will enable implementation of the Convention's Biosafety Protocol regarding genetically modified organisms. The main SPS provisions in the CARIFORUM-EU EPA include: the designation of competent authorities on SPS measures by both parties, and a commitment from the CARIFORUM side to establish a regional body representing the CARIFORUM competent authorities to enhance regional integration; and transparency provisions, with the EU committing to cooperate with the region to enhance relevant information exchange

3.67.  The Bureau of Standards Jamaica (BSJ), under MICAF, remains the WTO enquiry point for issues related to technical barriers to trade (TBT).[75] The BSJ has responsibility for the promulgation and implementation of standards, and performs trade facilitation, business support, and consumer protection roles through standardization, metrology, technical information, training, energy efficiency evaluation and conformity assessment (inspection, calibration, laboratory testing, product and system certification). In 1996, Jamaica accepted the Code of Good Practice.[76] Jamaica has submitted 55 notifications to the WTO TBT Committee (up to March 2017). No specific trade concern has been raised in the Committee regarding Jamaica's measures

3.68.  The Bureau's portfolio includes ensuring compliance with the Standards Act (1969), the Processed Food Act (1959) and the Weights and Measures Act (1976). The Standards (Amendment) Act 2012 (No. 3 of 2012) amends the Standards Act in Sections 11 and 12 with respect to regulation-making and penalties for offences defined by the principal Act. The Minister of MICAF is entitled to amend any monetary penalty specified in the principal Act. Other aspects of the BSJ mandate are implemented under the Trade Act (1955), the Customs Act (1941), the Petroleum (Quality Control) Regulations (1990) and the CARICOM Regional Organization for Standards and Quality Act (2005)

3.69.  The Standards Compliance Programme (SCP) continues to be implemented to ensure the compliance of all goods (locally produced and imported) with the requirements of compulsory product standards (technical regulations) and labelling regulations.[77] The Standards Compliance Fee (SCF), at 0.3% of the c.i.f. value of commodities in each shipment is paid on all imports of products subject to the SCP (e.g. all finished goods), except imports of exempted goods, including commodities imported in connection with government incentive programmes, programmes relating to health and welfare, international agreements and protocols, personal effects, and raw materials and capital goods imported for use in the manufacturing process, crude petroleum, and certain agricultural products.[78]

3.70.  Jamaica published 36 domestic/national standards during the period 2011-17. These are mostly based on international standards, primarily the International Organization for Standardization (ISO) and Codex Alimentarius, but also on those of the United States and the United Kingdom. Currently, Jamaica has 179 international and regional standards: 106 ISO standards, 7 European standards (EN), 1 Indian, 1 American National Standards Institute (ANSI), 1 Codex Alimentarius, 8 American Society for Testing and Materials (ASTM International), 15 Gaming Laboratory Institute, and 40 CARICOM. Since its previous Review in 2011, Jamaica has introduced 45 compulsory standards (technical regulations) relating, inter alia, to brewery products, toys, labelling and pre-packaged food, bread, furniture, and building and associated materials (Table 3.10). Compliance with standards and technical regulations is verified through random inspection and sampling at ports of entry and in the market place. All food processing establishments are required to be inspected and registered annually. For specified products (e.g. stoves and fans), type testing and approval services are offered to importers on request

3.71.  The Jamaica National Agency for Accreditation (JANAAC), a wholly-owned government company under MICAF, is the national accreditation body. Its main objective is to facilitate trade between Jamaica and its trading partners by enabling Jamaica's conformity assessment systems to meet international standards and the requirements of the TBT Agreement. JANAAC offers accreditation services to public and private-sector laboratories, and accreditation services to conformity assessment, inspection bodies and certification bodies. JANAAC also provides training and technical information as appropriate

3.72.  The National Certification Body of Jamaica (NCBJ) is a unit of the BSJ with a mandate to offer management systems certification services to ISO 50001. The NCBJ aims to become the pioneer accredited certification body in the Caribbean to offer certification to ISO 50001 Energy Management Systems, and seeks to guide organizations on how to establish systems and processes to improve their energy performance, inclusive of efficiency and consumption

3.73.  Jamaica has not signed any bilateral agreements on the recognition of conformity certificates

3.74.  On 4 January 2016, the BSJ commenced the transitioning of its role as regulator for locally manufactured and imported commodities, for which there are compulsory standards, as well as legal metrology activities to the National Compliance and Regulatory Authority (NCRA). The NCRA was established in July 2015 and operates independently from the BSJ in the execution of its technical activities, which include registering processed food establishments, inspecting goods at the ports of entry and in the domestic market for compliance, and legal metrology activities. The BSJ provides the NCRA with corporate services such as human resource management and development, facilities management, financial management and IT support

3.75.  Jamaica is member of: the ISO, the International Organization of Legal Metrology (OIML), the International Electro-technical Commission (IEC), the Pan American Standards Commission (COPANT), the CARICOM Regional Organisation for Standards and Quality (CROSQ), the International Bureau of Weights and Measures (BIPM), ASTM International, the International Laboratory Accreditation Council (ILAC), and the Inter American Accreditation Cooperation (IAAC)