Super Unleaded Malbec? A Case Study in Flawed International Standard Setting at the Codex Alimentarius

The World Trade Organization’s (WTO) Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) provides rules on the adoption and enforcement of SPS measures. It also presumes that food safety regulations adopted by WTO Members that conform to relevant international standards are consistent with the SPS Agreement. The relevant international standard setting body for food safety is the Codex Alimentarius Commission, which conducts most of its food safety risk management work through subsidiary bodies such as the Codex Committee on Contaminants in Food (CCCF). CCCF establishes maximum limits for food contaminants and codes of practice for reducing food contamination. These subsidiary bodies in turn delegate risk management work to electronic working groups (EWG) that are comprised of relevant food safety authorities of Codex member states