Common use of Determination of equivalence Clause in Contracts

Determination of equivalence. 3.1.1 A Party shall accept a food standard of the other Party as equivalent, even if that standard differs from its own, or from those used by other countries trading in the same food product, if the exporting Party objectively demonstrates to the importing Party that its food standard achieves the purposes of the importing Party’s food standard. 3.1.2 The Parties shall follow the procedures for determining equivalence of sanitary measures and technical regulations set down by the relevant WTO bodies and the Codex Alimentarius Commission, as amended from time to time. 3.1.3 The determination of equivalence of food standards may include consideration of conformity assessment procedures. 3.1.4 Compliance by a food product with a food standard that has been accepted as equivalent to a food standard of the importing Party shall not remove the need for that product to comply with any other relevant mandatory requirements of the importing Party. 3.1.5 The regulatory authorities designated by the Parties to determine and accept equivalence of food standards are listed in the Schedule to this Annex.