ALICOM 99/2  |
| ALICOM 99/2 |
Conference on International Food Trade
|
Response to the 1991 Joint FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade |
by |
John R. Lupien, Director, Food and Nutrition Division |
II. The 1991 FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade
1. This international conference is the third in a series that commenced nearly 40 years ago. In 1961 the Food and Agriculture Organization of the United Nations with the support of the World Health Organization recognized the need for an intergovernmental forum to discuss matters related to the safety, quality and other aspects of food moving in international trade.
2. As a result, the first Food Standards Conference was held at Rome in 1962. It mainly concerned itself with the initiation of a joint FAO/WHO Food Standards Programme and the effective functioning of the newly conceived Codex Alimentarius Commission. In fact, its two most notable achievements were to request the Codex Alimentarius Commission to implement a joint FAO/WHO food standards programme and to create the Codex Alimentarius, sometimes known as the food code. In important ways that first Conference established the principles subsequently followed by both FAO, WHO and the Codex Alimentarius Commission in pursuing the cardinal objective of ensuring that consumers have access to sound and wholesome food products free from adulteration that are correctly labelled and presented.
3. Both the Codex Alimentarius Commission and the Codex Alimentarius itself owe their existence to that first Food Standards Conference. The Codex Alimentarius, or the food code, has become the seminal global reference point for consumers, food producers and processors, national food control agencies and the international food trade. The Codex has had an enormous impact on the thinking of food producers and processors as well as on the awareness of the end users - the consumers. Its influence extends to every continent, and its contribution to the protection of public health and fair practices in the food trade is immeasurable.
4. The Codex Alimentarius Commission, the body responsible for preparing the Codex Alimentarius, presents a unique opportunity for all countries to join the international community in formulating and harmonizing food standards and promoting their global implementation. It also allows them a role in the development of codes governing hygienic food production, handling and processing practices, and recommendations relating to compliance with those standards, as well as other areas of importance to food embraced by the Commission's activities.
5. The Twenty-third session of the Commission was held in Rome during July 1999. Attendance approximated 600, representing 103 countries, the majority of which were developing countries. This contrasts dramatically with the attendance of 120 participants at the Commission's first session in 1963 at which 30 countries, mostly developed, were represented. Current Commission membership numbers 165 countries representing 98 percent of the world's population. A remarkable achievement by any measure.
6. The 1962 Food Standards Conference was one of a series of related intergovernmental meetings that began in 1955 with the first FAO/WHO Conference on Food Additives. Two other Conferences were later held on food additives, contaminants and pesticide residues. In 1991 it was decided to bring all of these subjects together.
7. The FAO/WHO Conference on Food Standards, Chemicals in Food and Food Trade was held in Rome in 1991 in cooperation with the General Agreement on Tariffs and Trade. This Conference was called to consider future directions for Codex, FAO, WHO and member countries in light of changes in the nature of the food industry and new factors such as the Uruguay Round of Multilateral Negotiations. Senior government officials representing 79 countries in addition to observers from 28 international, industry and consumer organizations attended. Participants numbered 383.
8. The dynamic for the Conference was generated by prevailing circumstances in relation to food trade. The GATT Uruguay discussions were underway, and the prospect of agriculture and food being incorporated under operationally effective international rules and regulations was promising; consumer expectations for the quality of food, particularly with respect to safety, had heightened; the advent of multilateral free-trade agreements was in the air; the European 92 goal of harmonized regulations under the "single market" had attracted much international interest; the participation of developing countries in the international food trade was increasing rapidly and in addition, very significant advances had been made in technologies associated with the growing, processing and marketing of food.
9. It is not surprising then that the Conference focussed its deliberations on the work of FAO and WHO in developing countries, making the Codex Commission's work on food standards more responsive to the current needs of governments, reviewing the achievements and efficacy of the Joint FAO/WHO expert committees on additives and pesticide residues and identifying major problems in import/export control obstructing the international trade in food.
10. As a result of intense and vigorous discussion, the Conference arrived at many conclusions and recommendations which were to influence the activities of FAO, WHO and the Codex Alimentarius Commission. The following is a synthesis of the main recommendations that emanated from the Conference, and how they are being implemented. (See Annex for a complete summary of all the 1991 Conference recommendations).
11. In respect of FAO/WHO activities, the Conference recommended, amongst other things:
12. Regarding the Codex Alimentarius Commission, the Conference in strongly endorsing the Commission's work, recognized that increasing internationalization of the food industry would lead increasingly to reliance on science-based regulatory decisions to counter an anticipated increase in technical trade barriers and settlement of associated disputes. In view of the Commission's science-based approach to its standards and the anticipated use of those standards in dispute settlement the Conference recommended:
13. The Conference also called on governments to take steps that would lead to improved consumer protection and enhanced trade. In addition to assuring adequate resources for FAO/WHO, its expert committees and the Codex Alimentarius Commission, the Conference recommended that governments:
14. It is appropriate to point out that two other important events took place following the 1991 Conference, the outcomes of which added weight to its recommendations. The first was the International Conference on Nutrition held at Rome in 1992 and attended by delegates from 159 countries and the European Union, including 137 ministers, representatives from 144 non-governmental organizations, 11 intergovernmental organizations and 16 UN organizations. Total participants numbered 1,387. It recognized that access to nutritionally adequate and safe food is a right of each individual and that food regulations should fully take into account the recommended international standards of the Codex Alimentarius Commission. Its thirteen recommendations for protecting consumers through improved food quality and safety reflect in many ways the recommendations of the 1991 Conference.
15. The second event was the World Food Summit held in Rome in 1996. Of the 186 participating countries, 41 were represented by Heads of State and 15 by Deputy Heads. Total attendance numbered over 10,000 participants. The Summit produced the, `Rome Declaration on Food Security' and the `World Food Summit Plan of Action' which together provided a blueprint for achieving global food security, alleviating hunger and ensuring adequate food for all. Under Commitment Four of the Plan, countries agreed to strive to ensure that food, agricultural trade and overall trade policies are conducive to fostering food security for all through a fair and market-oriented world trade system. In pursuance of the Commitment, the international community in cooperation with governments undertook to assist countries to adjust their institutions and standards both for internal and external trade to food safety and sanitary requirements.
16. I mention these two events because they are part of the continuum leading to this present Conference and which began with the historic United Nations Conference on Food and Agriculture held at Hot Springs, Virginia, USA, during mid 1943. In its Final Act, which gave birth to the Food and Agriculture Organization, that Conference declared that the first essential of a decent standard of living is the provision to all of adequate food to promote freedom from disease and for the attainment of good health.
17. It is fair to say that the response to the recommendations of the 1991 Conference has been positive and effective. That is not surprising as those recommendations were responsible and reasonable. Moreover, they were genuinely sought at a time of significant change to provide the international community's reaffirmation that the activities of FAO, WHO and the Codex Alimentarius were still valued and that the direction of the work of the Commission in particular was the proper one. As it turned out, the Conference did reaffirm the importance of the work of the three organizations and strongly recommended the continuance of that work. More importantly, however, the Conference provided invaluable guidance on how each might strengthen its work, and in the case of the Commission provided advice about how it might adjust its activities to more directly meet changing community needs and perceptions.
18. In response, FAO, in particular, and WHO have increased their assistance to developing countries to adopt adequate food laws and to establish food control infrastructures. More specifically, assistance to developing countries has included:
19. The Conference's recommendations regarding the activities of the Codex Alimentarius Commission were quickly adopted. For example, the Commission increased its emphasis on a horizontal approach to standardization in the areas of food additives, food hygiene, and the Codex Committee on Food Additives and Contaminants established a working group to develop such an approach. The Commission also moved quickly to examine its structure and procedures for developing standards. The result has been the adoption of a rapid method of developing standards without loss of efficacy. In addition, the Commission moved to provide more and simpler information about its procedures, including risk assessment, as a way of publicising its activities. The Commission also agreed to the establishment of a Committee to deal with food import/export problems, and the Codex Committee on Food Import and Export Inspection and Certification Systems hosted by Australia has now held seven sessions and developed a range of valuable Guidelines as proposed by the Conference.
20. Above all, however, the Conference was influential in the Commission adopting a Proposed Medium Term Plan for its activities. The first Plan for the period 1993 to 1998 provided for such things as the adoption of simplified, uniform elaboration procedures for the elaboration of standards, the adoption of improved acceptance procedures for standards, the harmonization of health and nutrition claims and warnings in food product labelling by 1995, the adoption of general recommendations for the use of food additives by 1995, the development of Codex Advisory Specifications for Food Additives, the establishment of general procedures for the contaminant levels in food, the review of current and previous recommendations for maximum residue limits for pesticides including a review of good agricultural practices, establishment of maximum limits for significant contaminants in foods in international trade, especially aflatoxins, by 1995, guidelines for the evaluation of foods produced from biotechnology, review and updating of General Principles of Food Hygiene incorporating the Hazard Analysis/Critical Control Point System by 1995, improved participation by developing countries, improved participation by Consumers' organizations and so on.
21. The Proposed Medium Term Plan for 1993 to 1998 was successfully completed with targets mostly being met. Its adoption related closely to the spirit of the 1991 Conference in so far as it kept the work of the Commission abreast with the rapid changes taking place internationally that had implications for governments, consumers and the food trade.
22. The Commission now has in effect its Medium Term Plan for 1998 to 2002. That Plan, too, reflects recommendations made by the Conference of 1991 and involves a continuing review of a number of the issues dealt with under the Medium Term Plan for 1993 to 1998. For example, amongst other things it includes a further simplification of uniform elaboration procedures for food standards and the improvement of acceptance procedures, an on-going consideration of Codex Advisory Specifications for food additives, a review of current and previous recommendations for maximum residue limits for pesticides and recommendations on foods derived from biotechnology. High priority is given in the Plan to science-based standards, guidelines and other recommendations aimed at removing unjustified impediments to trade in food.
23. It can be claimed justifiably that the 1991 Conference provided the guidance expected of it, and that as a result of its deliberations, direction was given to the ongoing work of FAO, WHO and the Codex Alimentarius Commission to enable them to meet the needs of a changing global community. The expectation for this third conference in the series is no less than it was for the 1991 Conference, and it is hoped that the recommendations generated at it will provide direction for FAO, WHO and the Codex Alimentarius Commission as we enter the next millennium.
Annex 1
RECOMMENDATIONS OF THE FAO/WHO CONFERENCE ON FOOD STANDARDS,
CHEMICALS IN FOOD AND FOOD TRADE
(1) CONSUMER PARTICIPATION IN DECISION-MAKING (Para. 33)
The Conference agreed on the following recommendations:
(i) To increase consumer participation at national level:
(a) In countries without a developed consumer movement:
Governments and international organizations should stimulate consumer awareness of food quality and safety matters, including the work of the Codex Alimentarius Commission, by giving information via the media, existing relevant organizations and other appropriate fora and encouraging consumer participation in decision-making. Governments could draw on advice and technical assistance available from the relevant international organizations.
(b) In countries with a developed consumer movement:
Governments should be encouraged to consider setting up a regular consultative procedure (e.g. a national Codex advisory group) in which the representative views of consumers are given equal consideration with the views of producers, industry and trade.
(ii) To increase consumer participation at international level:
(a) It should be recognized that consumer representatives in national delegations can be helpful, but that the prime focus should be on regular consultation with consumers when deciding national positions before Codex and related meetings.
(b) Governments should encourage support and funding for consumer experts and representatives to participate in Codex and other food quality and safety work.
(iii) Information and Support:
(a) FAO/WHO should consider producing short, accessible summaries of Codex issues and discussions for public distribution.
(b) National Codex Contact Points should be given guidelines and support on the best ways to disseminate information to relevant organizations, including consumers' organizations.
2. THE `HORIZONTAL' APPROACH TO THE CONTROL OF ADDITIVES IN FOODS AND POSSIBLY IN OTHER AREAS (Paras. 61, 62)
(i) The Conference strongly endorsed the use of a "horizontal" approach as the main strategy for the control of additives in foods, and recommended that the Codex Alimentarius Commission take action to proceed in this manner.
(ii) The Conference recommended to the Commission that the same horizontal approach should be explored in other areas, for example in relation to chemical and microbiological contaminants, and methods of analysis and sampling.
3. DEVELOPING COUNTRY PARTICIPATION IN CODEX MEETINGS AND REVIEW OF CODEX STANDARDS WITH A VIEW TO REMOVING NON-ESSENTIAL DETAIL (Para. 81)
The Conference agreed to forward the following recommendations to the Commission for consideration:
(i) Although the Conference recognized the importance of past FAO and WHO initiatives towards assisting developing countries in participating in Codex activities, it urged the Commission to reaffirm the effectiveness of detailed written comments which should be fully considered and discussed at Codex meetings, especially comments from countries not able to be represented at meetings.
(ii) The Conference suggested a review of mechanisms to facilitate developing country participation, which might include extra-budgetary resources, pre-session workshops and a possible amendment of Codex Rules of Procedure (Rule XI.4) regarding national delegation financing.
(iii) The Conference emphasized the importance of Committees focussing their efforts on the elaboration of horizontal provisions in Codex standards as related to consumer protection (i.e. health, safety) and facilitation of international trade. The importance of eliminating detail, where appropriate, was also recognized as a major factor in simplifying standards and facilitating government acceptance of Codex standards. The Conference recommended that these matters be taken up by the Commission. The deliberations of the Codex Committee on Fish and Fishery Products in this regard should also be taken into account.
(iv) As an initial step, it was agreed that for the next session of the Commission existing Codex standards would need to be reviewed on the basis of a paper to be prepared by the Codex Secretariat, in the light of acceptances and in relation to their importance in international trade, with a view to their simplification. It was noted that government comments should be solicited to facilitate the prioritization of standards needing revision.
4. REVIEW OF CODEX STANDARDS FOR CURRENT RELEVANCE AND SOUND SCIENTIFIC BASIS IN THE LIGHT OF DEVELOPMENTS IN GATT AND REVIEW OF PROCEDURES FOR THE ELABORATION, REVIEW AND ACCEPTANCE OF THE STANDARDS (Paras. 91, 92)
The Conference recommended:
(i) Establishing an early review programme to examine all Codex standards as to their current relevance and sound scientific basis, with a view to facilitating international trade. This should include prioritization of standards to be examined.
(ii) Ensuring the timeliness of Codex procedures for the establishment and review of standards. Procedures might be required to examine standards on a periodic basis.
(iii) Requesting all Codex Committees, as well as JECFA and JMPR, to continue to base their evaluations on suitable scientific principles and to ensure necessary consistency in their risk assessment determinations.
The Conference also recommended to the Codex Alimentarius Commission that as quickly as possible it should:
(a) review its acceptance procedures with a view to adoption of a new category of acceptance in the form of a positive notification of free distribution of products conforming to Codex standards;
(b) review its other forms of acceptance, especially that of Acceptance with Specified Deviations, to determine if they are still appropriate and necessary;
(c) review its procedures for the elaboration of standards as described in para. 87(d) of the Report of the Conference; 1
(d) consider the rationalization of its work on commodity-specific standards;
(e) strengthen the horizontal work of its General Subject Committees so that matters of general importance such as labelling, additives, contaminants, and methods of analysis and sampling, would be handled entirely by the General Subject Committee concerned. These Committees would be the main source of direction in these areas and would not be dependent on proposals or provisions put forward by Commodity Committees. This was seen to be necessary if the Commission was to encompass all foods moving in international trade and to provide general guidance.
5. GOOD AGRICULTURAL PRACTICE (GAP) IN THE USE OF PESTICIDES AND ACCEPTANCE OF CODEX MAXIMUM LIMITS FOR PESTICIDE RESIDUES (MRLs) (Para. 117)
The Conference recommended as follows:
(i) JMPR should be provided with complete and timely toxicology and residue data. This should include specific GAP information reflecting nationally approved uses.
(ii) JMPR and CCPR should make every effort to inform countries about the basis for evaluation, so as to increase the transparency of the process and to take steps to resolve differences in approach which might arise, between CCPR and JMPR and national authorities. This should ultimately lead to more acceptances of Codex MRLs.
(iii) GAP information provided to the JMPR should be under constant review and reflect effects on the environment, to the degree that this is possible.
(iv) FAO should consider the manner in which assistance could be given to developing countries for the purpose of generating GAP data.
6. RESOURCES FOR CAC, JECFA, JMPR AND OTHER SCIENTIFIC SUPPORT EXPERT COMMITTEES (Para. 124)
It was recommended that governments, FAO and WHO work to assure proper resources for Codex Alimentarius Commission activities as well as for the Joint FAO/WHO Expert Committee on Food Additives (JECFA), the Joint FAO/WHO Meeting on Pesticide Residues (JMPR), and other scientific support expert committees, in line with the priorities established at this Conference.
7. PRODUCTS DERIVED FROM BIOTECHNOLOGY (Paras. 132, 133)
A. JECFA
The Conference agreed to recommend that the activities of JECFA should be enlarged with the following provisos:
(i) That FAO and WHO review the terms of reference of JECFA to assure that it has the authority and responsibility to review food products derived from contemporary biotechnology.
(ii) That FAO and WHO ensure that appropriate experts are invited to undertake the evaluation of such food products when reviewed by JECFA.
(iii) That JECFA evaluations be transparent, so that scientific information from JECFA be readily and promptly available to all interested parties, including consumer organizations.
B. CCFAC
The Conference recommended that the CCFAC be asked to establish priorities on work on new products to be assigned to JECFA.
C. CAC
The Conference recommended that the CAC should review these new products from the point of view of nutrition and labelling.
8. JECFA AND JMPR (Paras 146, 147, 161)
A. The Conference adopted the following recommendations:
(a) That FAO and WHO be asked to consider making available more information on the backgrounds of experts involved in food safety evaluations;
(b) That consistent with the desire to accelerate the process with respect to the timeliness of evaluations and, as a means of broadening the scientific and resource base of JECFA, FAO and WHO be asked to consider inviting the Committee to examine ways and means of:
(i) establishing closer cooperation with national, regional and international scientific organizations involved in food safety evaluations, with a view to the exchange of information and scientific data, noting always that JECFA must satisfy itself as to the validity of all data used in its evaluations;
(ii) broadening the range of experts it draws upon, including the use of technical consultants to assist the Committee in its work.(c) That FAO and WHO consider asking JECFA to undertake periodic review of all substances previously cleared (see also paragraph 161 of the Conference Report).
In adopting the above recommendations, the Conference noted that most had relevance to JMPR as well as to JECFA.
B. The Conference recommended as follows:
(i) In view of the importance of dietary intake estimates, countries and industry should make every effort to provide adequate data for review by FAO/WHO expert groups. Such data were particularly important in arriving at generally-acceptable MRLs.
(ii) A high priority should be placed on the evaluation by JECFA of migrants from packaging materials. The Codex Committee on Food Additives and Contaminants (CCFAC) should allocate priorities for individual substances.
(iii) The evaluation by JECFA of naturally occurring toxicants should be given a priority, similar to migrants from packaging materials.
(iv) Similar criteria for determining priorities should be applied to all categories of substances evaluated by JECFA and JMPR.
(v) FAO and WHO should determine the priority criteria for the periodic priority review of substances previously allocated an ADI or similar endpoint.
(vi) WHO should seek to develop internationally agreed principles for risk assessment of residues of substances that had been shown to be carcinogenic in animal studies.
C. The Conference recognized the importance of JMPR and JECFA in providing evaluation based on sound science and risk assessment principles and recommended that WHO and FAO take steps to increase awareness of these principles (Para. 209).
9. CAC AND RISK ASSESSMENT (Para. 210)
The Conference recommended that the CAC and the relevant Codex Committees responsible for the development of standards, codes of practice or guidelines concerned with the protection of human health should make explicit the methods they have used to assess risk.
10. IMPROVEMENT OF FOOD QUALITY, HARMONIZATION OF FOOD REQUIREMENTS AND INSTITUTION OF ADEQUATE FOOD CONTROL INFRASTRUCTURES - ASSISTANCE TO DEVELOPING COUNTRIES (Para. 73)
The Conference recognized the need of developing countries to receive assistance in improving food quality, harmonizing food requirements and instituting adequate food controls. The Conference, therefore, recommended that FAO and WHO continue and strengthen its assistance to developing countries at all levels of food production from raw materials to final products, as well as assist them with the adoption of adequate food laws and the establishment of control infrastructures to implement them.
11. IMPORT/EXPORT CONTROL PROBLEMS - ASSISTANCE TO DEVELOPING
COUNTRIES (Para.173)
The Conference adopted the following recommendations:
(a) The Conference recommended that food exporting countries should improve and strengthen their food production, processing and distribution systems to protect the integrity and safety of foods and avoid losses. It could not be too highly stressed that the quality and safety of food had to be built into the product, which called for the application of good agricultural and manufacturing practices throughout the food chain. Too much reliance on final inspection might not be always in the best interest of the consumer and the economy of the country.
(b) The Conference fully recognized the needs of developing countries for technical assistance to strengthen their food control systems, and recommended that FAO, WHO, along with food importing developed countries should strengthen their continuing efforts to provide training and other support in this area. It was only through upgrading of food control systems of developing countries that they would be able to ensure conformity of their food exports with international requirements and those imposed by the importing countries.
(c) Recognizing the important work already undertaken within FAO's Food Quality and Consumer Protection Group, the Conference recommended that continuing efforts be made to increase its resource base as required, so that it could further support developing countries, especially by promoting the use of Codex standards, codes of practice as guidelines as a means of improving their food control systems.
(d) The Conference recommended to FAO and WHO and their Member Countries that they continue to seek ways to improve attendance and participation by developing countries in the Codex Alimentarius Commission and/or other international bodies discussing and developing policies for food control systems.
(e) The Conference recommended to member governments that they should examine their communication systems as they applied to rejections of foods and food products and improve dialogue with governments of food exporting countries, with a view to helping exporting countries to remedy their food inspection problems and improve the chances of acceptance of their food.
(f) The Conference recommended to FAO that it should consider establishing an appropriate system of obtaining and collating information on rejections and related matters, which might provide a basis for further analysis that could assist all national food control authorities to upgrade their performance and also facilitate development of longer term strategies at national and international levels.
(g) The Conference recommended that FAO/WHO consider the feasibility of developing a list of available opportunities for training and other forms of support which might assist developing countries to improve their food control capabilities.
12. RECOMMENDATION TO CAC TO CONSIDER ESTABLISHING A COMMITTEE THAT WOULD DEAL WITH IMPORT/EXPORT CONTROL PROBLEMS (Para. 192)
The Conference agreed to recommend that the Codex Alimentarius Commission give consideration to the establishment of a committee that would deal with import/export problems, with the proviso that the committee review the need for its continuing activity after two sessions. The Conference also agreed to recommend that the proposed new committee should develop guidelines as opposed to standards.
13. NEW APPROACHES TO CONSIDERING IMPORT/EXPORT REQUIREMENTS
UNDER NATIONAL FOOD CONTROL SYSTEMS (Para. 201)
The Conference recommended that:
(i) FAO, through its Food Quality and Consumer Protection Group, strengthen its efforts to assist developing countries in information requirements that would improve acceptance of their food products by importing countries;
(ii) FAO and WHO review their information exchange systems, including hardware and software, to determine what might be useful to developing countries and that they also take into account the future needs of developing countries in planning import/export projects to assist them;
(iii) The proposed Circular Letter (CL) (see pare. 195 of the Conference Report) to be prepared on detentions and rejections should also request comments on information needs and exchange;
(iv) Codex Contact Points should be the national central exchange points in an information exchange system as well as for coordinating training activities as proposed by the recent meeting of contact points of countries of the Latin American and Caribbean region held recently in Chile. The list of Codex Contact Points should also include telephone and fax numbers to facilitate rapid communication.
14. MICROBIOLOGICAL CONTAMINATION OF FOOD (Para. 205)
The Conference recommended that WHO, FAO and the CAC give priority attention to the subject of microbiological contamination of foods and increase their efforts in this area to ensure that consumers throughout the world had available products containing the minimum contamination possible, from the standpoint of protecting human health.
1 A review of the step by step elaboration procedure to provide for the elimination of Steps 6 and 7, in cases where this was considered necessary or appropriate by a majority of the delegations at Codex committee meetings and confirmed by a two-thirds majority of the delegations at the Commission, in the same manner as currently applied to the adoption procedure for maximum residue limits.