Professional Documents
Culture Documents
AND FOOD
STANDARDS
TRADE
AND FOOD
STANDARDS
Published by
the Food and Agriculture Organization of the United Nations
and
the World Trade Organization
2017
The designations employed and the presentation of material in this publication do not
imply the expression of any opinion whatsoever on the part of the Food and Agriculture
Organization of the United Nations (FAO) or the World Trade Organization (WTO) concerning
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Photo credits
For FAO, the technical work was led by the For the WTO, the technical work was led by the
FoodSafety and Quality Unit in the Department of Agriculture and Commodities Division and the
Agriculture and Consumer Protection and the Trade and Environment Division. Valuable
Secretariat of the Codex Alimentarius Commission contributions were provided by the secretariat of
of the Joint FAO/WHO Food Standards the Standards and Trade Development Facility
Programme. The overall preparation and (STDF).
coordination was led by the Trade and Markets
Division of the Economic and Social Development FAO and the WTO also gratefully acknowledge the
Department. Valuable comments and suggestions valuable contribution of the World Health
were provided by other FAO Departments and Organization in the development of this
Divisions including Animal Production and Health, publication.
O
FAO
WT
/A.
en B
ed
et
i
t
P
o
PROTECT
the health
of consumers.
ENSURE
fair practices
in the food trade.
PROMOTE COORDINATION
of all food standards work
undertaken by international
governmental and
non-governmental
organizations.
For over five decades, Codex texts have Codex guidelines, for example, on food labelling
contributed to the safety and quality of the food enable communication between the producer and
we eat. The Codex Alimentarius forms a global vendor of food on the one hand, and the
rule book that everyone in the food chain can purchaser and consumers on the other.
follow. At the same time, the Codex Alimentarius
Commissions intricate but open and participatory A code of practice on, for example, food hygiene,
standard-setting procedure gathering together describes the controls necessary along the food
nations to deliberate science-based evidence side chain from primary production through to final
by side also plays an important role in consumption so that everyone, including
strengthening national food-safety control farmers, growers, manufacturers, processors,
systems. food handlers and consumers, can take
responsibility for ensuring that food is safe and
Codex texts suitable for consumption.
Codex standards, guidelines and codes of practice The Codex general standard for contaminants lists
are advisory in nature: to become legally the maximum levels and associated sampling
enforceable, countries must voluntarily translate plans of contaminants and natural toxicants in
them into national legislation or regulations. All food and feed that are safe for commodities
Codex texts are freely available on the Codex subject to international trade.
website and can be accessed by anyone.
The Codex database on food additives includes
Codex commodity standards define the physical the conditions and maximum limits within which
and chemical characteristics of nearly 200 traded permitted food additives may be used in all foods.
Codex in action
Pe
y
vn
e v/S
hu
tte
rst
ock
76
191 Guidelines
Commodity
Standards 17
Maximum
Levels (MLs)
for contaminants
in food
over
4037
covering
MLs
303
food additives
covering
294
pesticides
50
610 Codes
of Practice
covering
75 veterinary
drugs
The Commission reviews a project document As we will see in Part II, effective participation by a
presented by a member and decides whether the country increases its ability to influence the
standard should be developed as proposed. If new development of standards in the areas that matter
work is approved, the Codex Secretariat arranges to it.
for the preparation of a proposed draft standard
and circulates it to member governments and Common understanding
observer organizations for two rounds of The standards published in the Codex
comments. The text also goes to Codex Alimentarius codify a common understanding
committees dealing with issues such as labelling, among members on what is considered safe food
hygiene, additives, contaminants or methods of and of agreed and acceptable quality, which
analysis for endorsement of any special advice in allows them to ensure fair practices in the food
these areas. Once adopted by the Commission, a trade. Even before the establishment of the WTO,
Codex standard is added to the Codex Codex standards constituted a benchmark for
Alimentarius and published on the web site. food trade.
w
ka
C
DIS
GETTING
STARTED Cod
Codex
dexx
mem mbers
b
members Identify need
or ttechnical Pur
Purpose Time frame, for scientific
com
committees and scope of priority advice and
tthe
he standard and relevance technical input
DRAFT
OSED ST
ELABORATION P
AN
O
PR
DA
RD
STEP
EP 2
The Codex Secretariat
arranges for the preparation
of a proposed draft standard.
NDARD ts
T STA en
F m
CONCLUSION
m
A
DR
Co
STEP 5 STEP 6
The proposed draft standard is Circulation for comments
submitted for comments at STEP 5 (same as STEP 3).
to all members and observers;
to the Executive Committee for
critical review; and to the Commission
for adoption as a draft standard.
Step 5/8:
A shortcut to speed up work is to leave out the second round of comments:
At STEP 5 the Commission may decide to take three decisions at once: adopt at STEP 5;
omit STEPS 6 and 7; and adopt at STEP 8.
T
flexible, transparent
and inclusive
Possible projects for new standards are
usually first discussed at technical committees
t (discussion papers). Codex members may also
STEP 1 directly submit project documents.
Th C
The Commission
i i approves
roves new work
cument and
based on a Project Document
the critical review of the Executive
Committee, and identifies the
body to undertake the work.
ts ts
en en
m m
m
m
Co
Co
STEP 3 STEP 4
The Codex Secretariat The body undertaking thehe work
circulates the proposed draft raft and
discusses the proposed draft
for comments to all members the comments; amends the text,
and observers. and decides the next step
(forward, backward, hold).
D
en
ts
X STAN ARD
m E
m
D
CO
Co
STEP 7 STEP 8
Discussion and decision The proposed draft standard
on next step (same as STEP 4) is submitted for comments at
STEP 8 to all members and observers;
to the Executive Committee for
critical review; and to the Commission
for adoption as a standard.
The Joint
FAO/WHO Expert
1945
1948
Committee on
Food Additives
(JECFA) meets for
the first time
Inaugural meeting
1956 of the Codex
Alimentarius
Commission is
held in Rome
1963
1995
WTO is founded
The measures covered by the SPS Agreement are Technical regulations lay down
taken to protect: product characteristics or their related
Technical processes and production methods.
regulations Compliance is mandatory. They may
also deal with terminology, symbols,
Risks arising from additives,
Human or packaging, marking and labelling
contaminants, toxins or
animal requirements
disease-causing organisms in food and
health
feed
Animal or
plant Pests, diseases or disease-causing
organisms Conformity assessment procedures
health
are used to determine that relevant
requirements in technical regulations
or standards are fulfilled.
Conformity
assessment
They include procedures for
procedures
The territory Other damage caused by the entry, sampling, testing and inspection;
of a establishment or evaluation, verification and
country spread of pests assurance of conformity; and
registration, accreditation and
approval
International standards
Both the SPS and TBT Agreements strongly
encourage WTO members to use international
Effectiveness
standards, guidelines and recommendations as
and relevance TBT COMMITTEE'S the basis for their measures.
SIX PRINCIPLES FOR
The SPS Agreement explicitly recognizes three
THE DEVELOPMENT international standard-setting bodies, covering
the three main areas in which SPS measures are
Coherence
OF INTERNATIONAL applied:
I
nternational standards and harmonization help to:
Sardines
The WTO ruling found that the concerns and allow trade to
cc
u
h
ip
/T
ck
s to
k
hin
T
Source: WTO Secretariat
te
ut
KEY
MESSAGES
When a country applies Codex standards and engages with
the SPS and TBT Committees, it contributes towards
safeguarding public health and seizing international trade
opportunities. Successful participation is based on sound
knowledge and capacities in food safety and standards.
Commitment to, and consistent investment in,
continuously improving food control systems are
fundamental.
Measures related to food safety are most It is not surprising that notifications of food safety
noticeable, but those dealing with other aspects of measures affecting trade very frequently reference
food (including non-SPS health risks) such as Codex standards, since the SPS Agreement
labelling or quality are also growing in number. explicitly recognizes Codex as the international
standard-setting body for food safety matters.
2
Although there is no obligation to notify SPS regulations
that are substantially the same as an international standard,
in 2008 the SPS Committee recommended that members
do so anyway since this information could be useful for
trading partners. Therefore, when members notify a measure
3
In the SPS context, other notifications refer to animal or
referencing a Codex standards, they can additionally indicate plant health measures, whereas in the TBT context they refer
whether it meets that standard. to a wide range of products and subject matters.
s
tion
s
a
on
tific
ti
fica
No
oti
23
d
Foo
dN
Foo
13
%
% 1%
5%
86%
72%
TBT Food TBT Food
2007 Notifications
referencing 2016 Notifications
referencing
Codex Codex
r r
Othe s Othe s
a t i o n at i o n
i c i c
Notif Notif
ons
ons
cati
Cod ficati
otifi
ex
cing oti
ren ty N
ty N
refe d Safe
Safe
35
d
27
Foo
Foo
%
9%
SPS
56%
SPSS
47%
r ns
Othe s icatio
t i o n otif
Notifica Safety N
Food
* TBT notifications are included when the notification text mentions food or beverages. SPS notifications are included when the notification has
the stated objective of food safety.
s
ted STC
s
Cs
STC
la
ST dex
Food-re
d
ed
e o
6% lat C
t
ela
- re g to
d-r
1 od in
Fo ferr
Foo
re
3%
23
%
83%
71%
4%
Food-related STCs
TBT referring to Codex TBT
2007 2016
s s
r STC r STC
Othe Othe
TCs
TCs
ty S
ty S
Safe
Safe
17 35
d
d
Foo
Foo
%
%
8%
6%
77%
57%
* TBT STCs are included when the measure at issue deals with food or beverages. SPS STCs are included when the measure at issue has the
objective of food safety.
es on elling
delin b
Gui trition La
Nu
%
20 16% PfoGr tehneral S
rep e L ta
ac ab
ka e
nd ling oods
g
ard of
l F
ed
25%
Cla an se
Health rition r U
im d
s
of Nut ines fo
Others
Guidel
7%
d
r Name
d fo Oils
nd able
%
Sta eget
10
ar
9% lal
13
Ha or %
on e
Ge
l
ra aims
n
l
General Guide lG
uid
elin
es
d)
ate
rel
ty
afe
ns
ds
tio
oo
osi
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mp
no
S) fety
T) g (
T ) , co
( TB bellin
( SP od sa
( TB ers
( TB ality
T)
h
Ot
Qu
La
Fo
A recent driver of STCs before the TBT Committee standard-setting process is effective multi-
has been the upward trend in food- and nutrition- stakeholder coordination at the national level.
labelling regulations. Discussion of labelling Successful implementation of the SPS and TBT
measures to promote nutrition and healthy diets Agreements requires a whole-of-government
has become a major issue in the TBT Committee, approach, involving a wide range of ministries and
with one third of new STCs brought to the agencies, including health, agriculture, industry,
attention of WTO members since 2012 trade, environment and standards bodies, among
concerning these types of labelling schemes. A others, many of which are also involved in the
second major source of STCs in TBT discussions is Codex process. The private sector has an essential
the regulation of alcoholic beverages, including role to play as well: it is producers who must
labelling, compositional requirements and contend with the requirements of food measures
definitions. domestically and in export markets, and the
private sector is a key partner in the development
The benefits of taking part and application of food standards.
The growing number of notifications and STCs Governments and the private sector alike can track
referencing Codex standards before the SPS and notifications to keep abreast of regulatory
TBT Committees underscores the importance of changes in export markets, identify possible
countries ensuring that they are equipped to take concerns and ensure compliance with new
part in and engage with the system of standard requirements. Then, when the need arises, it is
setting and the WTO. WTO members who submit comments on a draft
regulation of another member that may impact
The foundation for engaging in the work of the exports, and, if necessary, use the SPS and TBT
SPS and TBT Committees and in the Codex Committees to resolve concerns.
xa
pi
186 codex
members
1 118.52
billion USD
169
143
116
100
1973
1983
1993
2003
2013
Source: Codex Secretariat and FAOSTAT
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COMMISSION
33
When Codex was linked to the WTO through the Codex contact points
SPS Agreement, members recognized the need to Coordination begins with the work of Codex
ensure more balanced participation, for example Contact Points national officials who should
through the Codex Trust Fund. If the large majority ideally be located in the ministry with primary
of Codex member countries do not actively responsibility for the development and
participate in standard setting, the resulting implementation of systems for food regulation,
standards may lack universal relevance both in production, processing, distribution and control.
terms of their content and their uptake by This is typically the ministry of health, food or
countries. agriculture, or may be a body or agency charged
with food inspection or standards or consumer
Codex is a global process whose work throughout protection.
the year is hosted across five continents making
participation a challenge for many countries: Normally, all government ministries wish to be
besides the annual plenary session of the involved in decision-making processes that may
Commission, Codex has 17 committees, six have impact on their area of responsibility.
regional coordinating committees and further Similarly, producers and operators in the food
adhoc task forces (see pages 32-33). In addition industry all have vested interests in the decisions
there are at times up to 100 electronic and that come out of Codex. Likewise, through
physical working groups that work between consumer associations, consumers also have an
sessions. Working groups often do not operate in interest in Codex processes as the ultimate
full working languages of Codex and the beneficiaries of food-production, -regulation and
increasing number of working groups is -control systems.
considered as a major barrier to participation by
developing countries. Establishing a national Codex committee is
another option available to countries, which can
For this reason, it is not enough merely to be serve to provide highly useful support to the work
present at the meetings: a country position must of the Codex Contact Point and ensure that all
be developed and national delegates must be ministries, non-governmental organizations,
prepared to present their countries national consumers and industry have the opportunity to
interests effectively in a very technical international present their views on Codex matters, including
forum. While participation in the Commission as aspects related to food control. The primary terms
the main decision body is essential, countries of reference of such a national committee should
should also plan which bodies to attend be to advise the government on the implications
strategically, evaluating the costs and benefits of of any issues relating to food standards and food
taking part. control that may arise in relation to the work
undertaken by the Codex Alimentarius
Building a national position Commission. Such a consultative group can
provide important benefits by assisting the
Countries get most value from Codex when they government in ensuring a safe supply of food for
prepare at the national level. It is essential for consumers while also maximizing opportunities
countries to invest in a system that allows them to for industrial development and the expansion of
identify and prioritize food safety and trade international trade.
concerns. This can be achieved by bringing
together government health experts with officials When a Codex contact point or a national Codex
of other government departments, such as committee is empowered to coordinate
agriculture, industry and trade, and stakeholders across government and the private
representatives of consumers groups, and sector, and when needs and priorities in terms of
coordinating consultation among all these food safety and trade are given high visibility and
stakeholders. What food safety or trade issues is economic support, then the powerful mechanisms
the country truly facing? What are its national of Codex become fully available to that country.
priorities? How can participation in Codex
contribute to solutions and what is the appropriate A country with a coordinated, consolidated
starting point? position, supported across sectors and backed up
al
im
Enabling policies and food safety law facilitating. Codex standards and WTO
An institutional framework in a country must be agreements provide a basic framework to help
clear, provide unambiguous guidance and set out members achieve these dual objectives through
legislative requirements. These requirements will their national legislation.
typically be that food must be safe and suitable;
food must not be adulterated, damaged, It is food safety law that will ultimately regulate
deteriorated or perished; and food must not be the behaviour of national actors in the food
represented in a way that is false, misleading or system. Coordination and effective
deceptive. The legislation enacted will require communication among different institutions
food producers, processors and manufacturers to including in the areas of public health, trade and
ensure that the food they supply is safe and agriculture, food safety, and the private sector and
appropriately represented to consumers. civil society is required to ensure that the needs
of all are considered in developing and reviewing
Domestic food regulation, in the form of rules for food legislation.
setting standards, should ensure that standards
are based on risk analysis using the best, most Good regulatory practice
up-to-date and robust scientific advice. Legislation Sound national legislation in food and agriculture
should also ensure consistency between domestic reflects international obligations while respecting
and international standards in order to facilitate the national context. Governments have
trade. recognized the benefits of applying GRPs to
promote high-quality and cost-effective
At the policy level, a country will define its regulations that address national objectives and
priorities and design laws that are both health needs while also taking into account international
protective and, at the same time, trade obligations. Some examples of GRPs include: a
whole-of-government approach to developing Using GRP principles and mechanisms makes for
regulations; the assessment of alternative more open, effective and responsive regulatory
measures (e.g. regulatory impact assessment); risk systems, and reduces the potential for trade
assessment; transparency and public consultation; problems. One example of a good practice is that
the use of international standards; and the review food legislation clarify the roles and responsibilities
and monitoring of the performance of regulations of the different stakeholders, ensure an appropriate
on a lifecycle basis. The regulatory drafting, chain of command for enforcement and emergency
analysis and review processes take a action, and facilitate coordination among the
multidisciplinary approach and involve all different stages of the food production chain.
categories of stakeholders. Sound and workable law in this area acts to improve
national public health and to foster international
WTO members have been discussing GRP in the trade in food and agricultural products.
TBT Committee for the past 20 years. Since 2012,
members have also discussed GRP guidelines in Food legislation should not be static. A country
the form of an illustrative list of voluntary must be able to adapt its laws and regulations at
mechanisms and principles of GRP to support various levels as and when the need may arise for
members in implementing the TBT Agreement example, in response to a particular crisis,
across the regulatory lifecycle. In the area of food emerging issues, or new technologies, such as the
safety legislation, FAO works to assist countries in genetic modification of crops, the introduction of
building legislative frameworks aligned to novel or special-purpose foods; or in the course of
international reference standards and implementing a particular international or regional
incorporating the SPS principles of risk-based trade agreement.
technical justification, necessity, proportionality
and non-discrimination. More recently, the Risk-based decision making
Standards and Trade Development Facility (STDF) There is an array of food-borne hazards, both
began discussions on GRP in the SPS area. familiar and new, that pose risks to health and
/Jo
k
hn
_K
a lap
o
Source: FAO
Risk communication
Interactive exchange
of information and opinions
concerning risks
and did not take into account the risks processes and appreciate the need to
H
c y
an posed by PAHs. invest in codes of good practice as part
k/N
St oc In 2016, using newly available of their food safety management
i
data from a national study that approach.
Source: FAO
Source: FAO
Sh
Source: FAO
Source: FAO
the system, the core SAG laboratory safety project involving 28 countries
sN
la
network of six local private laboratories, developing countries with the platform
er
t
n ks re-analyses 7-10 percent of samples all food safety standards and guidelines,
hi
T with ongoing mentoring and support including under the auspices of the
from FAO/IAEA. The results have CodexAlimentarius.
Source: FAO
Are system
resources
adequate?
How do the
controls
function?
Whole genome sequencing (WGS) is an analytical New technologies can provide different
technique that allows the determination of the perspectives on perennial challenges. Increasing
complete DNA sequence of an organisms opportunities for accidental admixing of GM with
genome. In terms of food safety, WGS has the non-GM commodities and the ready availability of
potential to change the way we detect, monitor, detection techniques for trace levels of GM may
assess, investigate and manage microbiological be a driver for regulators to revise their approaches
hazards. This includes the detection and to the management of low-level presence of GM
surveillance of, and response to, food-borne in traded food consignments. In this respect,
diseases and outbreaks. WGS allows for the engagement and cooperation at the international
identification and characterization of micro- level is important to develop a common
organisms with an unprecedented level of understanding.
sensitivity and specificity. The technology provides
significant cross-sector potential, enabling Digitalization and information technology are
uniform typing systems across the environmental, related drivers of change that will continue to have
animal, food and human sectors, and offering the a profound impact on trade and food standards.
potential to trace food-borne contamination back One example is the uptake of electronic SPS
to its microbial sources. certificates certificates produced and transmitted
electronically rather than as paper documents
The accuracy, speed and low cost of WGS in which are increasingly important tools for
identifying and tracing food-borne micro- improved control and efficiency in agricultural
organisms are likely to trigger changes in food- trade. Electronic SPS certificates reduce the costs
control systems, including with regard to food associated with printing and shipping paper
imports and exports. WGS continues to evolve documents as well as of sorting, distributing,
quickly as a technique, but as yet only limited retrieving and archiving them. In addition, they
standards are available. In the future, food safety enable SPS authorities to store and access data
standards may need to take into account the electronically, which can be used, for example, to
application of WGS. The technique may also implement automated risk management methods
affect aspects of the international movement of for inspections.
goods, since the identification of a specific
consignment as the source of an outbreak can be Key benefits of electronic SPS certificates include
expected to become much faster and more enhanced authenticity and integrity and the
precise. As a possible consequence, countries of reduction of opportunities for fraud, which result
origin or transit may face additional demands to in improved food security and safety. The
verify that any underlying source of opportunities for faster and even pre-arrival
contamination has been contained. Ideally, this clearance are especially critical for agricultural and
will allow necessary trade restrictions to focus food products. Developing countries may
more precisely on the source of the contaminated encounter challenges in seeking to adopt
products, thereby reducing unnecessary barriers standardized electronic SPS certificates, as they
for unaffected products. may face a digital divide or possess limited
resources to invest in the necessary infrastructure
requirements.
Nevertheless, in light of benefits, paperless trade match preferences against food composition. New
in the agriculture sector is likely to grow in techniques to safeguard food authenticity,
importance in the near future and effective together with information sharing, can help
national preparation, and engagement at the regulators combat food fraud and resulting loss of
international level, is imperative to take advantage confidence in the food chain.
of such systems.
Changing food-consumption patterns and
Increased trade, especially in value-added lifestyle choices are also drivers of change in an
commodities together with fluctuations in interconnected world. Consumers are
production create opportunities for food fraud, increasingly demanding information about their
another longstanding challenge for regulators. food to make informed consumption choices,
while diets and preferences are changing. At the
Efforts to fight food fraud may be reshaped by same time, there is global awareness of the need
scientific and technological progress. Food fraud to address obesity and other diet-related non-
undermines trust in food, regulators and markets. communicable diseases (NCDs) through
Trust in the food supply chain is one of the most comprehensive solutions encompassing a range
important paradigms that we all, as consumers, of policy measures. Governments need to be
rely on for making informed food choices. prepared to address nutrition concerns within
Consumers must be able to trust that labels their national food policy contexts, and engage
correctly reflect the composition of the food: they internationally. As the example on nutrition
are the primary source of information on labelling and trade shows (see page 55),
nutritional value and the major tool available to engagement by members at the international
For information about the SPS Committees Prioritizing SPS investments for market
2014 Workshop on Risk Analysis: access: www.standardsfacility.org/p-ima
https://www.wto.org/english/tratop_e/sps_e/
wkshop_oct14_e/wkshop_oct14_e.htm SPS Capacity Evaluation Tools:
www.standardsfacility.org/capacity-
For information about food labelling evaluation-tools
discussions in the WTO, see 2016 TBT
Committee thematic session Regulatory
cooperation between Members: Food
Labelling: https://www.wto.org/english/
tratop_e/tbt_e/tbtnov16_e.htm
ISBN 978-92-5-109793-9
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