MALAYSIAN FUMIGATION ACCREDITATION SCHEME (MAFAS) SCOPE THIS ARTICLE IS

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JABATAN KASTAM DIRAJA MALAYSIAROYAL MALAYSIAN CUSTOMS DEPARTMENT PERMOHONAN PENGECUALIAN
MALAYSIAN CHESS FEDERATION 5110 MEDAN INTAN APARTMENTS JALAN 1
MALAYSIAN COMMUNICATIONS & MULTIMEDIA COMMISSION (MCMC) 27TH 30TH

Malaysian Fumigation Accreditation Scheme (MAFAS)

SCOPE

This article is limited to the treatment of goods, subject to quarantine, by methyl bromide fumigation. The classes of goods covered by this paper are:

general cargo; and
timber.

REGISTRATION

Registration Protocols

In order to be recognized under the Scheme, fumigation companies must have an accredited fumigator present at all fumigations. Fumigation companies with accredited fumigators will be allocated a unique identification number. Fumigation companies must record the number on all treatment certification and correspondence to Department of Agriculture Malaysia.

Department of Agriculture Malaysia will maintain a central register of fumigation companies and accredited fumigators.

Accreditation will be granted for a period of 1 year. Accredited fumigators are required to re-apply within three (3) months for approval prior to the end of their approval term. In considering a renewal application, Department of Agriculture Malaysia will conduct an assessment (announced audit) inline with the original approval process.

The Department of Agriculture Malaysia is to be notified in writing of changes in arrangements either between the fumigation company and accredited fumigators or within the fumigation company. If the quarantine integrity cannot be guaranteed, Department of Agriculture Malaysia may cancel the accreditation.

RESPONSIBILITIES

Fumigation companies are responsible for:

ensuring that the fumigation complies with any relevant legislation, safety codes or licensing applicable to the jurisdiction in which the fumigation is being performed;
ensuring that the fumigation complies with the Standard;
ensuring only accredited fumigators perform quarantine fumigations under this Scheme;
ensuring that the accredited fumigators are licenced fumigators in the jurisdiction where they are performing the fumigation;
ensuring goods are suitable for fumigations with methyl bromide prior to proceeding with the fumigation;
ensuring that pressure test is being performed for container fumigation or fumigated under sheet;
ensuring that all accredited fumigators have demonstrated knowledge of the requirements detailed in this document; and
assisting the Department of Agriculture Malaysia with any inquiries relating to procedures or consignments covered by this Scheme.

ASSESSMENT AND AUDIT PROTOCOL

Audit System

The audit system outlined below has been designed to measure the performance of the fumigation company and the accredited fumigator against the requirements of the Scheme and the procedures outlined in the Standard.

1.1. Initial Audit

An initial audit will occur once the accredited fumigator has undertaken accreditation training and is assessed as being competent. Initial audits will continue until the fumigation company and their accredited fumigators demonstrate competency in fulfilling the requirements of the Scheme and the Standard.

1.2. Announced Audits

Announced audits will be scheduled by the Department of Agriculture Malaysia and will take at least every 12 months. An Inspecting Officer of the Department of Agriculture Malaysia will make contact with the fumigation company and arrange a convenient date for the audit.

1.3. Unannounced Audits

Unannounced audits will take place at least once every three (3) month and will be conducted by the Department of Agriculture Malaysia.

1.4. Reinstatement Audits

Reinstatement audits will be scheduled and conducted by the Department of Agriculture Malaysia following a period of suspension. The Department of Agriculture Malaysia will contact the fumigation company and arrange a convenient date for the audit.

If, during the reinstatement audit, the fumigation company is unable to demonstrate compliance with the Scheme, the suspension will continue and the fumigation company will be asked to show cause as to why it should not be removed from the Scheme.

2. Audit Activity

Audit criteria has been developed and onsite audit checklist is provided at Attachment 1. The audit criterion has been divided into three levels of non-conformities (major, minor and critical). Critical non-conformities will result in immediate suspension from the Scheme. Major and minor non-conformities will result in corrective actions and an additional announced audit.

The Department of Agriculture Malaysia is to notify the fumigation company and the accredited fumigator, in writing, within 10 working days of the non-conformity and advise the fumigation company and the accredited fumigator of subsequent compliance action to be taken by the Department of Agriculture Malaysia. The issuance of a corrective action report will constitute the giving of a notification. A corrective action report is a formal document that records and details non-conformities, corrective action and the proposed date for rectification.

As guide, non-conformities are defined as:

Major Non-Conformity:

A deviation or multiple deviations from the documented procedures that is confirmed through the collection of objective evidence that shows discrepancies or lapses in discipline relating directly to either; the Standard and/or legislative requirements and which may compromise the overall effectiveness of the Scheme.

[Note: Two MAJOR non-conformities equal a CRITICAL non-conformity]

Minor Non-Conformity:

A deviation from the documented procedures that is confirmed through the collection of objective evidence that shows minor discrepancies or lapses in discipline relating to; the Standard and that do not compromise the overall effectiveness of the Scheme.

[Note: Two MINOR non-conformities equal a MAJOR non-conformity]

Critical Non-Conformity:

Occurs when, as the result of the collection and analysis of objective evidence, it is concluded that the Scheme has been seriously compromised in its ability to meet either legislative and/or the requirements of the Scheme and/or the requirements of the Standard.

The following sections are designed to provide a more detailed description of audit activities.

2.1. Auditing – Administrative Aspects

2.1.1. Licences

A fumigation company must have all permits and licences from authorising institutions according to existing regulations. The licences and permits include:

Local Council or City Hall Licences and Permits
Pesticide Board Storage Licence
Register of Company or Register of Business Licences
Pesticide Control Operator Licence

2.1.2. Organisation and Personnel

A fumigation company must have an organisational chart with clear job descriptions. At a minimum, the organisational chart must include a general manager (or equivalent) who has the authority and resources to carry out his/her job, a technical manager (or equivalent) who is responsible for all fumigation technical activities.

A fumigation company must have sufficient numbers of personnel to carry out its activities. For example, for one fumigation activity, at least two persons are required including an accredited fumigator. The management of any fumigation company and all persons designated as an accredited fumigator should be aware of and fully acquainted with:
local legislation covering fumigation treatments in the country in which it operates;
requirements of the Standard;
their responsibilities as a fumigation treatment provider;
the need to involve all other parties with an interest in the treatment; and
the need to have access to a regular supply of methyl bromide.

2.2. Auditing – Technical Aspects

2.2.1. Technical Personnel

The technical manager (or equivalent) must have the following qualifications:

minimum of Malaysian Certificate of Education (MCE) or Sijil Pelajaran Malaysia (SPM) or equivalent; and
pesticide Applicator Licence or Assistance Pesticide Applicator Licence

2.2.2. Technical Capacity

The accredited fumigator must undergo the accreditation training and be assessed as being competent. In summary, the accredited fumigator should:

hold a fumigation licence issued by the Ministry of Health Malaysia;
be present at all times during the active phases of the treatment;
be aware of commodities adversely affected by treatment with methyl bromide;
be able to carry out the tests needed to ensure that the treatment will be successful;
be able to recognise a successful fumigation as well as a failed or potential for failure;
be aware of the hazards associated with the use of methyl bromide;
be able to carry out a pressure test; and
be able, and know how to carry out measurements of methyl bromide concentrations;
trained operators certified by the Department of Agriculture Malaysia and with Pesticide Applicator Licence (PAL) or Assistant Pesticide Applicator Licence (APAL)

2.2.3. Equipment

The following is a list of equipment required for methyl bromide treatments:

Enclosure

clips to hold sheets rolled around battens;
fans for gas circulation;
fumigation sheet repair material including glue;
fumigation sheets (permeability of less than 0.02 grams per day per square meter);
heaters to raise the temperature inside treatment enclosures (if required);
measuring tape to calculate volume of enclosure;
plastic tape to make temporary repairs to fumigation sheets;
ropes (to hold sheets in place and prevent them flapping loose);
sand or water snakes for sealing enclosures;
sealing tapes to seal container ventilators;
thermometers to measure temperature inside enclosures;
battens or sand snakes for joining sheets.

Gas Delivery

gas delivery line to deliver methyl bromide from the vapouriser (impervious to methyl bromide);
gas fitting to deliver methyl bromide from cylinders to vapouriser;
gas supply lines to distribute methyl bromide inside fumigation enclosures (impervious to methyl bromide);
gas vapouriser – with LPG or electrical heater.

Monitoring Gas Concentrations

gas detection instruments suitable for methyl bromide at fumigation concentrations;
gas sampling lines.

2.2.4. Record Keeping

The fumigation company must ensure that the Standard Operational Procedures are developed in line with the Standard, maintained and kept up to date.

The fumigation company must ensure that the following categories of records and documents, relating to supervising, monitoring and testing compliance with the procedures for goods covered by the Scheme are maintained and kept up to date:

fumigation certificates;
calibration records;
register of accredited fumigators; and
sheet permeability manufacturers declaration.

Records relevant to treatments performed must be maintained and should be sufficient to assist in determining the organisation’s capacity to conduct effective fumigation treatments on an ongoing basis. Records should include, but are not limited to:

treatment number
Import Permit number (where required)
Name and address of the owner
Description of product
Country of origin
Treatment details (concentration, date, temperature, monitoring level etc); and
Bill of Lading number (where available).

SANCTIONS AND SUSPENSION PROTOCOL

Fumigation companies and accredited fumigators that perform ineffective fumigations will be suspended immediately, will be subject to a reinstatement audit and will be asked to show cause as to why they should not be removed from the Scheme.

If during an audit, one or more critical non-conformities and/or more than four minor non-conformities and/or more than two major non-conformities are found, fumigation company and accredited fumigators will be suspended immediately and will be subject to a reinstatement audit. Re-training of the accredited fumigators may be necessary.

If during an audit, less than four minor non-conformities are found, the fumigation company and the accredited fumigators will be subject to an additional announced audit within six (6) weeks. If during the follow-up audit the non-conformities have not been improved, the fumigation company and the accredited fumigators will be subject to second announced audit and will be suspended immediately if there is no improvement and will be subject to a reinstatement within six (6) months. Reinstatement audits will continue until the fumigation company and their accredited fumigators demonstrate competency in fulfilling the requirements of the Scheme and the Standard. Re-training of the accredited fumigators may be necessary.

Accreditation for fumigation companies and accredited fumigators will be cancelled, if:

they are suspended on three separate occasions; or
on a reinstatement audit a major non-conformity or equivalent is occurred.

Once an accreditation has been cancelled, before re-accreditation can occur, the accredited fumigators will be subject to additional accreditation training and the fumigation company and the accredited fumigators will be required to undergo the initial audit.

APPEALS PROTOCOL

It is accepted that there may be occasions where the detection of non-conformities and the subsequent actions may be the subject of some dispute, and in these situations there is a need for a process of appeal.

The purpose of this appeals protocol is to set out the appeals mechanism that is available to the fumigation company and the accredited fumigator in such situations.

1. Appeals Process

If the fumigation company and the accredited fumigator believes that there were extenuating circumstances in respect to the occurrence of a non-conformity, the fumigation company and the accredited fumigator may appeal against the decision. Compliance action will remain in place while the appeal is being considered.

The fumigation company and the accredited fumigator must appeal in writing.

The fumigation company and the accredited fumigator should clearly set out their reasons for appeal.

Department of Agriculture Malaysia undertakes to:

acknowledge receipt of the appeal within 5 working days; and
endeavour to make a decision on the appeal, in writing, within 15 working days of the receipt of all available facts relating to the matter.

2. Levels of Appeal

Malaysian Fumigation Accreditation Scheme Assessment Committee

ENQUIRIES

All enquiries on matters concerning “Malaysian Fumigation Accreditation Scheme’ (MAFAS) should be directed to:

Director,

Crop Protection and Plant Quarantine Services Division

Post-Entry Quarantine Station

Department of Agriculture

Level 3, Wisma Tani,

Jalan Sultan Salahuddin,

50632 KUALA LUMPUR

MALAYSIA.

Tel: 03-2030 1400 Fax: 03-2691 3530

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