Highlights from USTR’s Sanitary and Phytosanitary Report

(SPS barriers arise from measures applied by foreign governments on the grounds that they are necessary to protect human, animal, or plant life or health from risks arising from the entry or spread of pests, from plant-or animal-borne pests or diseases, or from additives, contaminants, toxins, or disease-causing organisms in foods, beverages, or feedstuffs.)

The following are highlights from the report:

Identification of SPS-related Trade Barriers in Specified Countries

The report identifies and describes significant unwarranted SPS-related trade barriers currently facing U.S. exporters, along with U.S. Government initiatives to eliminate or reduce the impact of these barriers in the following countries:

Examples of the SPS issues included in the report include (partial list):

Food Safety - bans on the importation of U.S. animals, meat products, poultry, plants and fruits, and food additives (such as the Argentinean ban on live cattle, beef, and beef products and the Australian ban on U.S. chicken meat);

Animal Health - bans on the importation of U.S. animals and products because of disease concerns (such as the New Zealand restriction on U.S. pork imports due to a concern about porcine reproductive and respiratory syndrome);

Biotechnology - restrictive processes for the importation of U.S. food products that are the result of biotechnology (such as the EU delay in its biotechnology product approval process and Russian requirements for re-registration of approved products and labeling of genetically engineered products).

Methods of Dispute Resolution Listed

The U.S. has several means of dispute resolution available for addressing SPS trade-related measures including interagency consultation, bilateral consultations between countries, transmission of U.S. concerns through embassy officials, and bilateral meetings at the World Trade Organization. If these fail, the U.S. may elect to assert its rights under the SPS Agreement through the WTO’s dispute settlement system.

The U.S. has successfully challenged foreign SPS measures four times and a fifth is currently underway. These proceedings include the following countries and issues:

EU - Hormones - in 1996 the U.S. challenged the EU’s ban on beef derived from U.S. cattle that had been treated with certain growth-promoting hormones.

Japan - Varietal testing - in 1997, the U.S. challenged Japan’s varietal testing requirement that prohibited the importation of certain fruits and nuts because they could be hosts for moths.

Japan - Apples - In 2002, the U.S. challenged Japan’s restrictions on imports of U.S. apples, which was based on concerns over the introduction of fire blight.

EU - Biotechnology - In 2003, the U.S. challenged the EU’s defacto moratorium on approvals of U.S. biotechnology agricultural products, such as certain corn and soybean varieties.

EU - Poultry (underway) - In 2009, at the request of the U.S., the WTO established a dispute settlement panel to examine whether the EU’s restrictions on U.S. poultry imports are consistent with its obligations under the SPS agreement.

(See ITT Online Archives or 04/01/10 daily news, (Ref: 10040105), for BP summary of USTR three trade barrier reports.)

USTR 2010 Report on Sanitary and Phytosanitary Measures available at http://www.ustr.gov/sites/default/files/SPS%20Report%20Final(2).pdf.

USTR fact sheets on sanitary and phytosanitary measures available at http://www.ustr.gov/trade-topics/enforcement.