OSTA - SPS vs. TBT

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SPS Versus TBT for Agricultural Issues :1 SPS Versus TBT for Agricultural Issues Presented by Audrey B. Talley, Deputy Director Processed Products and Technical Regulations Division Office of Scientific and Technical Affairs Foreign Agricultural Service United States Department of Agriculture Tel: (202) 720-9408 Email: Audrey.Talley@fas.usda.gov

TBT vs SPS :2 TBT SPS TBT vs SPS

Is the measure governed by the SPS or TBT Agreement? :3 Is the measure governed by the SPS or TBT Agreement? First: Review the measure in relationship to the SPS Agreement

Slide 4:4 risks arising from additives, contaminants, toxins or disease-causing organisms in their food, beverages, feedstuffs; damage caused by the entry, establishment or spread of pests a country human life plant- or animal-carried diseases (zoonoses); human or animal life pests, diseases, or disease-causing organisms; animal or plant life Only to protect: from: Definition of an SPS Measure Short Review . . .

Scope and Definition of a TBT Measure :5 Scope and Definition of a TBT Measure Scope: Does not apply to SPS measures Does not apply to government procurement Only applicable to goods Legitimate Objective: National security requirements Prevention of deceptive practices Protection of human health or safety (not already covered by the SPS Agreement) Protection of the environment Other undefined objectives: such as quality standards, production process measures (PPM) (i.e. organic), & other technical standards and conformity assessment requirements (not SPS).

Slide 6:6 SPS or TBT? protect human or animal health from food-borne risks; protect human health from animal- or plant-carried diseases; protect animals and plants from pests or diseases - examples: microbiological contamination of food; pesticide or veterinary drug residues; food additives, etc… human disease control measures nutritional claims food packaging and quality examples: Pharmaceuticals; labeling (unless SPS food safety measure); pesticide handling; or quality standards, etc… SPS measures TBT (Agric) measures

TBT Agreement Prevention of Unnecessary Obstacles :7 TBT Agreement Prevention of Unnecessary Obstacles Must not be more trade restrictive than necessary to achieve a legitimate objective taking into account the risks that non-fulfillment would create Necessity (least trade restrictive test) Requirement of reasonableness Evaluation of the risk of not fulfilling legitimate objective available scientific and technical information related processing technology intended end-uses of products

Slide 8:8

Transparency :9 Transparency Pre-Enactment publication Notify Members thru Secretariat - in one of WTO Official Language’s Provide copies of draft measures Provide Time to Comment (60 days) Consider comments, and publish measures Establish SPS and TBT Enquiry Point Note: Obligations exist prior to the formation of the Technical Regulation, Standard, and/or Conformity Assessment Procedure and continue throughout their life

Example 1: SPS or TBT? :10 Example 1: SPS or TBT? Bottled water: safety for human consumption taste bottle size and shape bottle material: breaking toxic substances contaminating water

Example 2: SPS or TBT? :11 Example 2: SPS or TBT? Government Health Warning: Smoking can Seriously Damage Your Health? the warning? The label’s, color, size, appearance?

How to tell what is SPS or TBT? :12 How to tell what is SPS or TBT? First: check if it is an SPS measure The Intent of the measure is critical: Why is this measure being considered? What is its intended purpose? What problem/concern is it put in place to resolve?

RECAP :13 RECAP SPS Agreement Basis: Scientific Basis,Appropriate Level of Risk, based on Risk Assessment SPS Objectives are to protect against: Human life from risks arising from additives, toxins, and plant-and animal-born diseases; Animal life from the risks arising from additives, toxins, pests, diseases, disease-causing organisms; Plant life from risk from pests, disease, disease-causing organisms; and A country from the risk of damage caused by the entry or spread of pests.

RECAP :14 RECAP TBT Agreement Basis: Legitimate Objective! TBT measures are adopted for other purposes, in order to protect human, animal and plant life; but also include ... National security requirements; Prevention of deceptive practices; and The protection of the environment.

Example 3: SPS or TBT? :15 Example 3: SPS or TBT? Organic : National Organic Standard? the organic production requirements? Organic approved substances/practices? the organic logo or symbol?

Organic: Fact & Fiction :16 Organic: Fact & Fiction Organic is a production claim. Organic is about how food is produced and handled. Organic is not a content claim. It does not represent that a product is “free” of something. Organic is not a food safety claim. Organic is not a judgment about the quality and safety of any product. Organic does not mean a product is superior, safer, or more healthful than conventionally produced food.

Non-Food Safety Labeling = TBT measure :17 Non-Food Safety Labeling = TBT measure “100% Organic” *(may use USDA seal) Just that, including all processing aids May use USDA seal “Organic” *(may use USDA seal) At least 95% organic agricultural ingredients Remaining 5% on the National List May use USDA seal “Made with Organic (Ingredients)” From 95% to 70% organic agricultural ingredients

U.S. National Food Safety Technical Regulations and Laws :18 U.S. National Food Safety Technical Regulations and Laws only safe and wholesome foods should be marketed; food safety is science-based; Transparency, education, strong scientific underpinning = public confidence in the safety of the food supply. U.S. National laws and the underlying food safety SPS Measures and systems are guided by the following principles:

Next Presentation …Halal Food Market :19 Next Presentation …Halal Food Market Presented by Abdelsalam El-Farra International Trade Specialist Processed Products and Technical Regulations Div Office of Scientific and Technical Affairs/FAS United States Department of Agriculture Tel: (202) 720-2141 E-mail: Abdelsalam.El-Farra@fas.usda.gov

Why does it matter which Agreement applies? :20 Why does it matter which Agreement applies? Different rules apply to SPS and TBT measures!“Depends on the Objective of the Adopted Measure and its rational for being put in place” THANK YOU! Questions?