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1 [1] (August 16, 2021)

handle is hein.crs/goveeip0001 and id is 1 raw text is: Con gresseonoff Seseorch $ervwe 4 ~flfflrt~tMflQ ~ ~gjiJati~i~ d4dt E~ 1 14 9 August 16,2021 Addressing Nontariff Barriers to Agricultural Trade at the WTO Multilateral trade rules allow governments to adopt various measures-including sanitary and phytosanitary (SPS) and technical barriers to trade (TBT) measures-that are necessary for the protection ofhuman, animal orplant life or health or needed to ensureproduct quality and prevent deceptive practices. Such measures mus t be based on science and may not restrict international trade more than necessary. World Trade Organization (WTO) members, including the United States, established existingrules involving SPS and TBT measures in 1995 as part of the Uruguay Round of the General Agreement on Tariffs and Trade. Despite WTO rules and member commitments regarding SPS and TBT measures, some U.S. agriculturalproducers and policymakers continue to be concerned that some U.S. trading partners may be using such measures as disguised protectionismto restrict trade that may constitute nontariff barriers to trade. In advance of the WTO 12 Ministerial Conference (MC12), the United States and other WTO members have declared the need for SPS measures to address a variety of new opportunities and emerging pres sures for the international trade in food, animals and plants. The MC12is scheduled to start in late November 2021 and will address arange of multilateral trade issues. Overview of SPS and TBT Measures SPS measures are laws, regulations, standards, and procedures that governments employ to protect human, animal, and plant health fromthe risks as sociated with the spread ofpests, diseases, or disease-carrying and causing organisms or fromadditives, toxins, or contaminants in food, beverages, or feedstuffs. Examples include product standards, requirements that products be produced in disease-free areas, quarantine and inspection procedures, sampling and testing requirements, residue limits for pesticides and drugs in foods, and limits on food additives. TBT measures address human health andsafety but also include environmentalprotection, consumerinformation, or quality and cover food andnonfoodtradedproducts. TBT measures in agriculture include SPS measures but also other types ofmeasures related to health andquality standards, testing, registration, and certification requirements, as well as packaging andlabeling regulations. The text box lists examples of types of SPS and TBT measures. SPS and TBT measures regarding food safety and related public health protection are regularly notified and debated within two WTO multilateraltrade agreements: (1) the Agreement on Sanitary and Phytosanitary Measures and (2) the Agreement on TechnicalBarriers to Trade. The SPS agreement sets out the basic rules for ensuring that each country's food s afety and animal (sanitary) and plant (phytosanitary) health laws and regulations are transparent, scientifically defensible, and fair. The TBT agreement https://crs reports addresses theuseoftechnical requirements and voluntary standards for a range of food andnonfood goods. Under the agreements, countries are encouraged to observe recognikd international scientific standards and avoid improper us e of such measures that restrict internationaltrade. In general, the WTO acknowledges some countries may choose to apply the precautionaryprinciple when establishing food safety and animal and plant health measures and related standards. This allows countries to take protective action- including restricting trade of products or processes-if they believe the scientific evidence is inconclusive regarding the potential impacts onhuman, plant, and animal health, provided the action is consistent and not arbitrary. Examples of SPS and TBT Measures SIPS Measures . preventive requirements related to plant and an imal pests and diseases and disease-carrying and causing organisms in foods, beverages, orfeedstuffs . consumer and food safety requirements, including those related to microbiological and chemical contaminants . maximum residue limits (MRLs) for crop pesticide residues and veterinary drug residues in meat products . requirements related to the use of food additives or other product and processing specifications requirements regarding agricultural biotechnology post-harvest treatments and quarantine requirements . sanitation treatments (e.g., iradiation, pathogen rinses) restrictions on products originating from specific producing areas or the use of certain production inputs overlapping technical requirements (e.g., product and labeling standards, use of third-party auditors) TBT Measures . import quotas and administrative procedures (e.g., licenses, protocols, waivers, media advertising rules) . export restrictions and product bans . consumer and food safety/quality requirements (e.g., sampling, testing, risk assessment, nutritional content) . input or process requirements (e.g., industry standards, domestic content,and rules-of-origin) . certification schemes (e.g., sustainability/organic and animal welfare rules, and other marketing claims) . packaging standards and labeling requirements (e.g., country-of-origin, nutrition, or health-related claims) . technical requirements (e.g., shipping/financial documentation, standards of identity, measurement) Source: Compiled by CRS.See CRS Report R43450, Sanitary and Phytosanitary (SPS) and Related Non-Tariff Barriers to Agricultural Trade. SPS and T BT Trade Concerns Some American food and agricultural producers contend that certain U.S. trading partners are applying SPS and TBT measures in ways thatare not supportedby science and that create nontariffbarriers to U.S. exports. In some cases, the

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