Are Codex standards mandatory?

Codex texts are voluntary and do not have binding effect on national food legislation. However, WTO Agreements on Sanitary and Phytosanitary Measures (SPS Agreement) and on Technical Barriers to Trade (TBT Agreement) encouraged WTO members to harmonise national regulations with the international standards. Since the SPS Agreement specifically identifies Codex standards, guidelines and recommendations as the international benchmark for food safety, national regulations consistent with Codex standards are deemed to meet the requirement of the SPS Agreement. Under the SPS Agreement, WTO Members are allowed to implement national standards that are more stringent than those of Codex. In doing so, however, WTO Members may be requested to provide scientific justification that such stringent sanitary measures are required to achieve their appropriate level of protection, as well as demonstrate that the measure taken is based on an assessment of risk. Codex standards, guidelines and other recommendations may also be used as a reference in case of a food trade dispute.