Sanitary and Phytosanitary (SPS) and Related Non-Tariff Barriers to Agricultural Trade

Sanitary and phytosanitary (SPS) measures are the laws, rules, standards, and procedures that governments employ to protect humans, animals, and plants from diseases, pests, toxins, and other contaminants. Examples include meat and poultry processing standards to reduce pathogens, residue limits for pesticides in foods, and regulation of agricultural biotechnology. Technical barriers to trade (TBT) cover technical regulations, product standards, environmental regulations, and voluntary procedures relating to human health and animal welfare. Examples include trademarks and patents, labeling and packaging requirements, certification and inspection procedures, product specifications, and marketing of biotechnology. SPS and TBT measures both comprise a group of widely divergent standards and standards-based measures that countries use to regulate markets, protect their consumers, and preserve natural resources. According to the World Trade Organization (WTO), SPS and TBT measures have become more prominent concerns for agricultural exporters and policy makers, as tariff-related barriers to trade have been reduced by various multilateral, regional, and bilateral negotiations and trade agreements. The concerns include whether SPS and TBT measures might be used to unfairly discriminate against imported products or create unnecessary obstacles to trade in agricultural, food, and other traded goods. Notable U.S. trade disputes involving SPS and TBT measures have included a European Union (EU) ban on U.S. meats treated with growth-promoting hormones and also certain pathogen reduction treatments, and an EU moratorium on approvals of biotechnology products, among other types of trade concerns with other countries. Foreign countries have also objected to various U.S. trade measures. Multilateral trade rules allow governments to adopt measures to protect human, animal, or plant life or health, provided such measures do not discriminate or use them as disguised protectionism. This principle was clarified in the mid-1990s by WTO members’ approval of the Agreement on the Application of Sanitary and Phytosanitary Measures (“SPS Agreement”). The SPS Agreement sets out the basic rules for ensuring that each country’s food safety and animal and plant health laws and regulations are transparent, scientifically defensible, and fair. Similarly, in the late 1970s, the Agreement on Technical Barriers to Trade (“TBT Agreement”) addressed the use of technical requirements and voluntary standards for a range of traded goods. In addition, the United States has entered into, or is currently negotiating, numerous regional and bilateral free trade agreements (FTAs) that contain SPS and TBT language. In an effort to resolve perceived intractable trade problems regarding SPS and TBT matters, many in U.S. agriculture and the food industry are supporting efforts to build on and go beyond rules, rights, and obligations in the SPS Agreement and TBT Agreement, as well as beyond commitments in existing U.S. FTAs. The U.S. meat and poultry industry initially proposed efforts to adopt tougher WTO rules for animal health regulations as part of the ongoing Trans-Pacific Partnership (TPP) negotiations. These concepts were later reinforced by recommendations from U.S. and EU trade officials involved in the ongoing Transatlantic Trade and Investment Partnership (TTIP) negotiations. These efforts are referred to as WTO-Plus rules, SPS-Plus, and TBT-Plus rules. In Congress, which must approve legislation if a trade agreement is to be implemented, many Members are interested in how a trade agreement might address SPS and TBT matters. Many remain concerned that countries are turning to non-tariff measures, such as SPS and TBT measures, to protect their farmers from import competition. U.S. rights and obligations regarding SPS and TBT measures are also relevant to regulations affecting imported food.