Private standards and WTO law

Proliferating private sector standards – with requirements that often go beyond or differ from those set by public bodies – are generating considerable interest and controversy among WTO members. Among questions being asked is whether private sector standards could be ‘imported ’ within the WTO, or whether WTO rules should rather be ‘exported, ’ bringing some order to the standard-setting universe. In this context, the international standard-setting organisations with an agreed mandate under the WTO are also seeking to ensure their continued dominance. Private sector standards in the area of agricultural products/ food for human consumption purport to achieve a variety of objectives, ranging from food safety to environmentally sustainable production. Such standards have been actively discussed at the WTO Committee on Sanitary and Phytosanitary Measures (SPS Committee) over the last few years. Critics stress that private voluntary standards may exclude small producers in developing countries from markets; strong opponents emphasise that such standards are much more rigid than public-sector standards, and without scientific justification. In other words