#4 FAO / WHO CODEX

ALIMENTARIUS COMMISSION
AND RELATED ACTIVITIES

Emeritus Prof Ken Buckle

Food Science and Technology Group
UNSW

3 August 2011
 FAO / WHO CODEX ALIMENTARIUS
COMMISSION
• Codex Alimentarius = ‘Food Code’
• Established 1962
• Headquarters in FAO, Rome, Italy
• Is an international intergovernmental body that develops
food safety and commodity composition standards and
codes of practice to promote consumer protection and
facilitate world trade in food products
continued...
 FAO / WHO CODEX ALIMENTARIUS
COMMISSION
• ~180 member countries
• Uruguay Round (1994) of trade negotiations resulted
in GATT and SPS (food safety) and TBT (non-safety,
trade) agreements
• Codex is the food safety reference organisation in
the SPS agreement and hence Codex food
standards have become more important in the past
10 years
 ROLE OF FAO / WHO CODEX
ALIMENTARIUS PROGRAM

• To promote health of consumers

• To ensure fair practices in food trade

• To promote coordination of all food standards work

undertaken by international governmental and non-
governmental agencies
 AUSTRALIA AND CODEX

• Australia has been a signatory since 1962

• Australia supports international initiatives that result in
harmonisation in international food trade
• Lack of harmonised food standards can be expensive for
Australian industry
• Codex standards are an important point of reference for
domestic standards
continued...
 AUSTRALIA AND CODEX

Environment in which Australia operates:

• Australia’s ongoing commitment to protect consumer health
and safety, and to fair trade practices
• Australia’s rights and obligations as a member of WTO
• Australia’s growing links with present and future trading
partners (e.g. PR China)
• Australia’s need to remain an internationally competitive
food exporter
 AUSTRALIA’S OBJECTIVES
IN CODEX
• Promote the 4 Statements of Principles concerning the role
of science in Codex decisions (see later)
• Facilitate and promote work of CCFICS, especially for
equivalency in international food trade
• Promote the role of risk analysis (=RA+RM+RC) in
developing international standards
• Strengthen consensual decision making and problem solving
in Codex
continued...
 AUSTRALIA’S OBJECTIVES
IN CODEX (cont)

• Strengthen Australia’s relationship with other Codex

countries, especially in our region
• Improve involvement of industry and consumers in
the Codex process, and
• Improve operation and coordination of Australia’s
activities in the Codex system
 CODEX results
General (GFSA, GSCTF, labelling, methods)
Standards Commodities/Group standards
Residues

Hygiene
Codes Contamination
of practice Prevention

Principles
Certification
Guidelines
Inspection
Risk analysis
Sampling
 FAO / WHO CODEX ALIMENTARIUS
COMMISSION
• Has established an extensive body of:
– Standards (~237, ~17 volumes, 3+ languages)
– Guidelines (~25)
– Codes of Practice (41, ~8 volumes)
– Principles
– Pesticide Residue Recommendations (>3247)
– Code of Ethics for International Trade of Food
 CODEX ORGANISATION
• Commission establishes policy and work priorities,
adopts standards based on recommendations of
subsidiary bodies
• Meets annually (previously 2 years), CAC Executive
meets more frequently
• 9 General subject (=horizontal) committees, e.g.
CCFAC, CCFH, CCFICS
• 11 Commodity (=vertical) committees
(4 currently adjourned / inactive)
• 3 Ad-hoc Intergovernmental Taskforces
• Codex procedures outlined in Procedural Manual (13th
edition, 2006)
 Codex Alimentarius Commission Secretariat
Executive Committee
Horizontal Committees Vertical Committees Ad-hoc intergovernmental task forces
active active
General Principles Food Labelling
Processed Fruits and
(France) (Canada) Milk and Milk Products Antimicrobial Resistance
Vegetables (United
(New Zealand) (Republic of Korea)
States)
Import and Export Fish and Fishery Fresh Fruits and dissolved
Inspection and Products (Norway) Vegetables (Mexico)
Certification Systems Animal Feeding
Fruit Juices (Brazil)
(Australia) Fats and Oils (Denmark)
(Malaysia) Processing and Handling
Foods derived from
adjourned sine die of Quick Frozen Foods
Aditivos
Food Alimentarios
Additives Residuos
Pesticide
de Residues
Plaguicidas Biotechnology (Japan)
(Thailand)
(China) (China)
Sugars Meat Hygiene
Contaminantes de los (United Kingdom) (New Zealand)
Contaminants in Residuos de
Alimentos (Países
Foods (Netherlands) Residues
Medicamentos
of Veterinary
Bajos) Cereals, Pulses and Vegetable Proteins
Higiene de los
Veterinarios
Drugs in Foods
en los FAO/WHO Coordinating Committees
Food Hygiene Alimentos Legumes (United States) (Canada)
Alimentos (United States)
(United States) (Estados Unidos) Africa Latin America and the
(Estados Unidos) Natural Mineral Waters Cocoa Products and
(Ghana) Caribbean (Mexico)
(Switzerland) Chocolate (Switzerland)
Methods of Analysis North America and South
and Sampling Asia
Nutrition and Foods West Pacific
(Hungary) (Indonesia)
for Special Dietary (Tonga)
Uses (Germany)
Europe
Near East (Tunisia)
(Poland)
 CODEX ORGANISATION (cont)

• FAO / WHO maintain 3 expert technical committees:

 JECFA (= additives and contaminants)
 JMPR (= pesticide residues)
 JEMRA (= microbiological risk assessment)
• Regional Committees cover:
 Africa
 Asia
 Europe
 Latin America and Caribbean
 Near East
 North America and South West Pacific
Committee Commission
(adoption)
Discussion Committee
paper Executive Committee
(critical review)

Project
S1 Proposed draft standard
document
S2 S3 S4
elaboration consultation discussion

S5 Draft standard
S6 S7
consultation discussion

S8

Codex
standard
 STEPWISE PROCEDURE FOR APPROVAL OF
CODEX STANDARDS
STEP 1 The Commission decides to elaborate a Standard and assigns
the work to a Committee. A decision to elaborate a Standard
may also be taken by a Committee

STEP 2 The Codex Secretariat arranges preparation of a Proposed

Draft Standard

STEP 3 Proposed Draft Standard is sent to governments and

international organisations for comment

STEP 4 The Secretariat forwards comments to the Committee

continued...
STEPWISE PROCEDURE FOR APPROVAL OF CODEX
STANDARDS (cont)

STEP 5 Proposed Draft Standard is sent to the Commission through

the Secretariat for adoption as a Draft Standard

STEP 6 Draft Standard is sent to governments and international

organisations for comment

STEP 7 The Secretariat forwards comments to the Committee

STEP 8 Draft Standard is returned to the Commission for adoption as

a Codex Standard to be sent to Governments for acceptance
 FOUR CODEX SOUND
SCIENCE PRINCIPLES (1995)

• CAC food standards, guidelines and recommendations

shall be based on the principle of sound scientific
analysis and evidence, involving a thorough review of all
relevant information to ensure quality and safety of the
food supply
• Codex … will have regard to other legitimate factors
relevant for health protection of consumers and
promotion of fair practices in food trade

continued...
 CODEX SOUND SCIENCE PRINCIPLES
(1995) (cont)

• Food labelling plays an important role in furthering these

objectives and allowing consumers to make informed
choices
• When Codex members agree on the level of health
protection needed but have differing views about other
considerations, members can abstain from acceptance
of a Codex standard without necessarily preventing a
decision by Codex
 THE PRECAUTIONARY PRINCIPLE

“Where there is evidence that a risk to human

health exists but scientific data are insufficient or
incomplete, the [Codex] Commission should not
proceed to elaborate a standard, but should
consider elaborating a related text, such as a
[non-mandatory] code of practice, provided that
such a text would be supported by the available
scientific evidence”
 TO SUM UP: CODEX MEANS……
To consumers:
• Safer food
• Assured quality and quantity
• Better information on food
• Ability to inform governments and suppliers about consumers’ concerns
and wishes
To governments:
• To explain and so protect national (especially economic) interests
• Increased trade / better balance of payments
• A basis for consumer protection measures and national food
regulations
• A forum for international discussions of food-related issues in an
objective atmosphere
 TO SUM UP: CODEX MEANS…. (cont)
To producers, processors and traders:
• Fair rules of competition
• Removal of non-tariff barriers
• Wider markets
• Economies of scale
• Access to information on technology and toxicology
To those concerned with quality verification:
• A set of quality norms
• Checklists for food surveillance programs or programs for
inspection of food premises
• Analytical and assessment procedures
• Sampling plans
 FAO / WHO FOOD STANDARDS REVIEW
2002 - 03
• First substantial review since Codex inception (1962)
• Commenced March 2002, completed by Nov 2002 (initial timing
was 18 months!)
• Examined Codex and other food standards-related activities
(e.g. capacity building in developing countries)
• Undertaken by Evaluation Team (ET) and supported by
Independent Expert Panel (IEP)
• Methodology: calls for comments (x2), questionnaires (x3), visits
to countries (24), several interviews with key Codex and country
personnel
 FAO / WHO FOOD STANDARDS
REVIEW 2002 - 03 (cont)

• Report contained 42 recommendations covering:

– speed of Codex work and generation of expert scientific advice
– need for increased inclusiveness of developing countries in
standards development process
– priority for science-based Codex standards that are useful,
relevant and timely and based on consensual decisions (=
difficult!)
– need for more effective capacity building for development of
national food control programs
– need to consider “other legitimate factors” in developing
standards with regard to health protection of consumers and
for promotion of fair trade (use in RM, not in doing RA)
 FAO / WHO FOOD STANDARDS REVIEW
2002 - 03 (cont)

• Report considered by extraordinary meetings of Codex

Commission and Executive, and by FAO + WHO
Governing Bodies during Feb - June 2003
• Recommendations still being introduced to streamline
decision making and allow developing countries to take a
greater role in developing standards (both at Codex
meetings, and through improved infrastructure, e.g.
consistent access to internet)
 World Trade Organization (WTO)

• WTO succeeded the General Agreement on Tariffs and Trade (GATT)

formed in 1947 as principal international body responsible for
international trade rules and negotiations
• Australia is a founding member of WTO (began 1995)
• WTO currently has 153 members (as of 23 July 2008)
• General Agreement on Tariffs and Trade (GATT) Uruguay Round
Agreement (1994) gave Codex standards new recognition and status

continued/…
 WTO (cont)
• Agreement on Application of Sanitary and Phytosanitary (SPS)
Measures administered by WTO places importance on international
harmonisation of food standards and encourages WTO members to
work within international processes
• SPS agreement encourages WTO members to base national
measures on Codex standards, guidelines and recommendations
• Governments must justify standards higher than those in Codex
standards
• WTO Agreement on Technical Barriers to Trade (TBT) requires
regulations that are not unnecessary and unjustifiable obstacles to
trade
 WTO (cont)
Issues covered by the WTO Agreements include:
• investment, competition, government procurement,
subsidies and other measures
• linkages between trade and the environment
• rules of origin, import licensing procedures
• pre-shipment inspection
• animal and plant health and food safety
• technical issues such as labelling and product
description
 AGREEMENT ON APPLICATION OF SANITARY
AND PHYTOSANITARY (SPS) MEASURES

• Applies to all sanitary and phytosanitary measures which

may, directly or indirectly, affect international trade
• Contents
– Basic rights and obligations
– Harmonisation
– Equivalence
– Assessment of risk and determination of the “appropriate level of [SPS]
protection” or ALOP
– Adaptation to regional conditions, including pest- or disease-free areas and
areas of low pest / disease prevalence
continued...
AGREEMENT ON APPLICATION OF SANITARY AND
PHYTOSANITARY (SPS) MEASURES (cont)

– Transparency
– Control, inspection and approval procedures
– Technical assistance
– Special and differential treatment
– Consultations and dispute settlement
– Administration
– Implementation
– Final provisions
– Annex A:Definitions
– Annex B:Transparency of SPS regulations
– Annex C: Control, inspection and approval procedures
AGREEMENT ON APPLICATION OF SANITARY
AND PHYTOSANITARY (SPS) MEASURES (cont)

• Appropriate level of (sanitary or phytosanitary) protection

(ALOP) or the appropriate level of risk is the level of
protection deemed appropriate by the Member [= country]
establishing a sanitary or phytosanitary measure to
protect human, animal or plant life or health within its
territory
AGREEMENT ON APPLICATION OF SANITARY AND
PHYTOSANITARY (SPS) MEASURES (cont)

Members shall accept the sanitary or phytosanitary

measures of other Members as equivalent, even if these
measures differ from their own or from those used by other
Members trading in the same product, if the exporting
Member objectively demonstrates to the importing
Member that its measures achieve the importing Member’s
appropriate level of sanitary or phytosanitary protection
(ALOP). For this purpose, reasonable access shall be
given, upon request, to the importing Member for
inspection, testing and relevant procedures.
AGREEMENT ON APPLICATION OF SANITARY AND
PHYTOSANITARY (SPS) MEASURES (cont)

A sanitary or phytosanitary measure is any measure applied:

• to protect animal or plant life or health within the territory of the Member from
risks arising from the entry, establishment or spread of pests, diseases, disease-
carrying organisms or disease-causing organisms;
• to protect human or animal life or health within the territory of the Member from
risks arising from additives, contaminants, toxins or disease-causing organisms
in foods, beverages or feedstuffs;
• to protect human life or health within the territory of the Member from risks
arising from diseases carried by animals, plants or products thereof, or from the
entry, establishment or spread of pests; or
• To prevent or limit other damage within the territory of the Member from the
entry, establishment or spread of pests.
AGREEMENT ON APPLICATION OF SANITARY
AND PHYTOSANITARY (SPS) MEASURES (cont)
International standards, guidelines and recommendations
• for food safety, are the standards, guidelines and recommendations established
by the Codex Alimentarius Commission relating to food additives, veterinary
drugs and pesticide residues, contaminants, methods of analysis and sampling,
and codes and guidelines of hygienic practice;
• for animal health and zoonoses, are international standards, guidelines and
recommendations developed under the auspices of the International Office of
Epizootics (OIE);
• for plant health, are the international standards, guidelines and
recommendations developed under the auspices of the Secretariat of the
International Plant Protection Convention in cooperation with regional
organisations operating within the framework of the IPPC;
• for other matters not covered by the above, are appropriate standards covered
by other organisations as agreed
 AGREEMENT ON TECHNICAL BARRIERS TO
TRADE (TBT)

ARTICLE 1 General provisions

ARTICLE 2 Preparation, adoption and application of technical
regulations by Central Government bodies
ARTICLE 3 ... By Local Government and Non-Government bodies
ARTICLE 4 Preparation, adoption and application of Standards
ARTICLE 5 Procedures for assessment of conformity by Central
Government bodies
continued...
 AGREEMENT ON TECHNICAL BARRIERS TO
TRADE (TBT) (cont)

ARTICLE 6 Recognition of conformity assessment of

Central Government bodies
ARTICLE 7 Procedures for assessment by Local
Government bodies
ARTICLE 8 ... by non-Government bodies
ARTICLE 9 International and regional systems
ARTICLE 10 Information about technical regulations
standards and conformity assessment
procedures continued/...
 AGREEMENT ON TECHNICAL BARRIERS TO
TRADE (TBT) (cont)

ARTICLE 11 Technical assistance to other members

ARTICLE 12 Special and differential treatment of developing country
members
ARTICLE 13 Committee on TBT
ARTICLE 14 Consultation and dispute settlement
ARTICLE 15 Final provisions
ANNEX 1 Terms, definitions
ANNEX 2 Technical expert groups
ANNEX 3 Code of Good Practice for Preparation, Adoption and
Application of Standards
 Agreement on Trade Related Aspects of
Intellectual Property Rights (TRIPS) including
Geographical Indicators (GI)

• Agreement provides a minimum level of

protection for GI in order to avoid misleading the
public or creating unfair competition, higher for
wines and spirits
• Becoming more important for foods and
beverages such as wine (e.g. Champagne,
Chablis) and cheeses (e.g. Roquefort)
 CODEX IS NOW MORE IMPORTANT THAN
EVER…WHY?

SPS AGREEMENT REQUIRES:

• Regulations based on science
• Use of risk assessment to assess hazards
• Use of international standards
• Specific reference to Codex standards
• Participation in international organisations