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Customising the feast

The profits that developing countries had hoped to achieve in wake of the WTO regime have proved to be rather illusory, says KP Sareen

Food is big business not only in India but also in most key overseas markets. The cross border transfer of processed foods is reported to be within an average value of $500 billion and is ever growing. Products traded include processed and preserved foods of plant, animal and marine origin as well as fresh fruits and vegetables, grains and beverages. Food production is gradually inching towards total mechanisation of processes, which are manned by skilled labour and the safe transportation of food over long distances is now possible.

There is also a dramatic increase in countries engaged in food production, export of processed foods, and the internationalisation of food tastes and habits as well is seeing an upswing. At the same time food trade is an extremely complex proposition, which includes exporters, importers, governments, international organisations, and a mass of buyers and sellers forging various kinds of commercial arrangements. Hence, it is imperative that the foods produced for export to these countries meet the minimum international standards consistently as specified by the Codex Alimentarius Commission as well as the buyer’s specifications accompanied by the regulations of the importing countries.

In addition, an increasing number of importing countries are demanding Agreed Inspection and Examination Procedures (AIEP) as well as certification by the governments of the exporting countries specifying that the products are in compliance with their standards. Some countries, though, are over protective. However, Codex has established a Haccp (Hazard Analysis Critical Control Point) based approach as a benchmark in international food trade to ensure food safety.

In the wake of WTO

The Uruguay round of the WTO summit saw trade in food products coming within the fold of multilateralism for the first time. There was a general sense of enthusiasm, especially in the corridors of developing countries. They saw a tremendous opportunity of popularising a large variety of their indigenous products. They saw – we now know a little naively- the developed countries opening up their markets to exports. Their optimism had a definite basis – the WTO promised a fair rule-based regime for trade in food products . There were two other agreements, the agreement on Sanitary and Phyto Sanitary Measures (SPS) and the agreement on Technical Barriers to Trade (TBT).

It seemed very reasonable to agree that since food trade did involve issues of food safety and public health, and since each country had a definite responsibility for these for their own citizens, there should be standards and guidelines to protect the global consumer from unsafe food and from being misled by inaccurate or fraudulent labelling. Specific mention of Codex, which was created in 1963 to develop food standards, guidelines and related texts such as codes of practice in the WTO texts was reassuring for the developing world. It took care of any apprehension that standards, whether for foodstuffs or for labelling or indeed for any regulatory activity, may be arbitrary or whimsical.

The fact that the SPS agreement did permit countries to set higher standards than Codex was certainly worrying. But this was addressed by requiring any such deviation from Codex to be based on verifiable, scientific evidence. The fact that many developing countries simply did not have in place or even the means to put in place elaborate regulatory institutions and mechanisms was also addressed by appropriate documentation of the intent to provide capacity building assistance and so forth.

For the developing world, however, the experience post-Uruguay can hardly be called satisfactory. The gains of the WTO regime, in the area of trade in agriculture, have proved to be rather illusory. Standards for ensuring food safety and fair trade practices seem to have negated any gains that may have accrued from market access promises.

This and the fact that while the developing world continues to struggle to meet existing standards, it is forced to look at and consider yet other standards. And one such area that everyone is now being asked to address is traceability. Following the events of September 11, 2001, the USFDA (US Food and Drug Administration) passed a Bioterrorism Act to....

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