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Codex Alimentarius
Last Updated March 29, 2001

Codex Alimentarius was formed in 1961 as an outgrowth of the World Health Organization (WHO) and the United Nations (UN) to improve world health by establishing guidelines for food safety.

Codex - HACCP
Last Updated March 29, 2001

Growing demand for a harmonized food standards in international trade fueled the Codex Alimentarious Commission to adopt HACCP as the international standard for food safety. Today HACCP is being adopted worldwide, on the recommendation of the UN's Codex Committee.

What should you know about the WTO before you export ?
Last update February 23, 2001

GATT/WTO - Why are they important to you?

The GATT, in 1947, was a simple agreement designed to reduce and bind (not increase) customs tariffs (border taxes). In the four decades that followed, the GATT became the spearhead for international trade liberalization, through its negotiations to reduce tariffs. Today the scope of the GATT has expanded dramatically, bringing in agriculture and services for the first time, and - finally - creating the new and powerful World Trade Organization. It has been suggested that several of the agreements concluded during the Uruguay Round show bias towards developed countries and multinational corporations - in particular, the Agreement on Agriculture (AOA) and the Trade Related Intellectual Property Rights (TRIPs). Small exporters need to be aware of these developing GATT/WTO agreements in order to avoid losing essential buyers in the world market.


Agreement on Agriculture (AoA)

The central focus of the AoA is clearly on the introduction of mechanisms that would ensure a better climate for agricultural trade. The agreement requires all WTO members to convert non-tariff trade barriers to tariffs. The agreement requires that export subsidies be reduced and domestic subsidies are to be cut. Finally, the agreement reaffirms the right of WTO members to adopt and enforce measures that they deem appropriate to protect human, animal, or plant life or health as long as such measures are not applied in an "arbitrary and unjustified" manner.

Source: http://www.usinfo.state.gov/journals/ites/0599/ijee/ag-uraa2.htm

Exporters must be current on such a general agreement. The agreement covers any procedures or standards that might be deemed to interfere with international trade. This includes packaging, marking and labeling standards. The European Union (EU) has recently begun to require eco-labels on a number of their products. Under the rules of the WTO agreement on Technical Barriers to Trade - labeling used to describe whether for the way a product is produced (as distinct from the product itself) is environmentally friendly. Eco-labeling rules, enforced upon international exporters importing into the EU under the agreement, are still unclear.

Where did the sanitary and phytosanitary (SPS) agreement come from ?

This agreement sets out the basic rules for food safety and animal and plant health standards. It allows countries to set their own standards. But it also says regulations must be based on science. They should be applied only to the extent necessary to protect human, animal or plant life or health. And they should not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail.

Exporters must be aware that some nations (namely the EU) attempt to hide behind unfound scientific claims to block commerce in agriculture. However, the SPS requires that appropriate risk assessment, involving an analysis of the available scientific evidence, must be undertaken before any ban is permitted. If the risk is unknown, no ban can be permitted despite the fact that the principle is now widely recognized in international law. Therefore, at best a limited precautionary approach can be adopted within the scope of the SPS; 'provisional measures' can be adopted where information is not sufficient provided that the additional scientific evidence for a more objective risk assessment is obtained in a reasonable period of time (Article 5.7).

Agreement on Technical Barriers to Trade (TBT)

This agreement was addressed in conjunction with all non-tariff barriers: technicalities, red tape, etc. Specifically, the Agreement on Technical Barriers to Trade tries to ensure that regulations, standards, testing and certification procedures do not create unnecessary obstacles. The agreement recognizes countries rights to adopt the standards they consider appropriate. Moreover, members are not prevented from taking measures necessary to ensure their standards are met. Finally, the agreement sets out a code of good practice for the preparation, adoption and application of standards by central government bodies.

Source: http://www.wto.org/english/thewto_e/whatis_e/tif_e/agrm8_e.htm#technical


Trade-Related Aspects of Intellectual Property Rights (TRIPs)

The TRIPS Agreement includes three items related to agriculture: 1) geographical indications (Arts. 22-24), 2) patent protection of agricultural chemical products (Arts. 70.8 and 70.9) and 3) plant variety protection, under which governments can refuse to issue patents that threaten the health of human, animal or plant life or which create a serious risk to the environment (Art. 27.3(b)).

Cartagena Protocol on Biosafety -

The Protocol seeks to protect biological diversity from the potential risks posed by living modified organisms resulting from modern biotechnology. It establishes a procedure for ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the import of such organisms into their territory.

Source: http://www.biodiv.org/biosafe/Protocol/Index.html

Committee on Trade and the Environment (CTE)

The committee's duties are to study the relationship between trade and the environment, and to make recommendations about any changes that might be needed in the trade agreements. WTO only undertakes environmental issues when environmental policies have a significant impact on trade. Moreover, the Committee on Trade and Environment is only concerned about what happens when one country invokes an environmental agreement to take action against another country that has not signed the environmental agreement.
Briefly, the WTO's committee says the basic WTO principles of non-discrimination and transparency do not conflict with trade measures needed to protect the environment, including actions taken under the environmental agreements. It also notes that clauses in the agreements on goods, services and intellectual property allow governments to give priority to their domestic environmental policies. However, WTO members should provide as much information as possible about the environmental policies they have adopted or actions they may take.

Source: http://www.wto.org/english/thewto_e/whatis_e/tif_e/bey4_e.htm#CTE

Recommended International Code of Practice; General Principles of Food Hygiene CAC/RCP 1-1969, Rev. 3 (1997)

his is the revision of the Codex Code of Practices that introduces HACCP as the basis for ensuring food safety during food production . Separate sections discuss in detail establishment design and facilities, maintenance and sanitation; personal hygiene; operations control; transportation; product information; consumer awareness; training.

Food Import & Export Inspection and Certification Systems Combined Texts (1999) Codex Alimentarius Commission; Joint FAO/WHO Standards Programme
Last update August, 2000

This publication combines in one volume texts developed over 1993 to 1999 to guide governments and other interested parties. Included in the series are CAC/GL 20-1995; GL 26-19997; GL 34-1999; GL19-1995 and GL 25-1997. Important concepts that are explained include audits, certification, accreditation, equivalence (including the legislative framework for inspection and certification) , free exchange of information during emergency situations (including rejections of imported food).

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The Food Act B. E. 2522 (1979)
This applies mainly to food manufacturing establishments including catering operations.

Public Health Act B. E. 2535 (1992)
This covers fresh markets, street vendors, restaurants, schools, hospitals.

Draft GMP in Food Production (2000)
Included are production location, machinery, process, personnel and pest control.

 

Federal Food, Drug and Cosmetic Act (FD & C)
The FD & C is the first and most comprehensive law in the world covering production, distribution and trade of foods, drugs, medical devices and cosmetics. First enacted in 1939 in the US, it originally applied mainly to interstate commerce within the US. Through the years and through revisions in 1976 and 1990, the FD & C has been applied to food products manufactured outside of the US then imported into the US market. . The FD & C defines food, standards, adulteration and misbranding in Chapter IV. This chapter forms the basis for the regulations, which are interpretations of the law. The most controversial sections are 402.a.3 and 402.a.4 , regarding filth and decomposition, which were cited in the early 1990s for regulatory action on Thai seafood exports.

For foods that fall under the jurisdiction of the USFDA the following apply

Title 21 CFR (Code of Federal Regulations)

  Part 100 Food Additives
   
  Part 101 Labelling
   
  Part 108 Emergency Permit Control
This is the regulation that requires processors of acidified and low-acid foods sold in the US to register each factory (obtain an FCE number) and all thermal processes (apply for SID numbers) with the USFDA. Part 108 applies to commercial processors within the US as well as those in other countries.
   
  Part 110 Current Good Manufacturing Practice in Manufacturing, Packing or Holding Human Food
This defines prerequisite sanitation programs for the manufacturing plant and grounds, the processing lines and equipment as well as sanitation practices for employees.
   
  Part 113 Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers (LACF)
   
  Part 114 Acidified Foods
These require the establishment of adequate thermal processes, adherence to critical factors determined by the process authority, use of sterilization equipment and procedures that ensure commercial sterility, monitoring of container integrity and closures.
   
  Part 123 Mandatory Seafood HACCP
This states that a processor must assess his operations for points where product safety may be compromised, control those areas through a preventive approach that adapts the HACCP principles..Also emphasized are record-keeping , periodic evaluation of the system and constant training of all personnel .
   
  Part 145 Canned Fruit
   
  Part 146 Canned Fruit Juices
   
  Part 161 Fish &Seafood

 

The Fair Packaging &Labelling Act (1996)

Nutrition Labelling & Education Act (1990)

The following laws apply for foods under the jurisdiction of the USDA

Federal Meat Inspection Act (Next Issue)

The Poultry Products Inspection Act (Next Issue)

Egg & Dairy Act (Next Issue)

EU White Paper on Food Safety (Jan 2000)
Last update January, 2000


The White Paper on Food Safety is an attempt to push forward legislative measures to ensure food standard and sanitation, for health protection. By 2002, the European Commission plans to set up an independent European Food Authority to review and make scientific recommendations and analyses on food safety issues. The White Paper covers three major areas: Food Safety Legislation, Food Safety Controls, and Consumer Information. Currently, the European Commission is reviewing the White Paper and legislation. Actual implemenation calls for strong involvement of the operators, who bear the prime reponsibility for the daily application of the requirements for Food Safety. Further developments on this issue remain to be posted.

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