Question: India's rights and obligations under the WTO Sanitary and Phytosanitary (SPS) Agreement — scope for stricter national measures and the role of international standards
Introduction
The WTO SPS Agreement balances members' sovereign right to protect human, animal, and plant health against the risk of disguised protectionism, making its correct interpretation critical for India's trade and food-safety governance.
Body
1. Core Architecture of the SPS Agreement
The SPS Agreement permits members to adopt measures necessary to protect human, animal, or plant life from risks arising from pests, diseases, or food additives. Such measures must be grounded in scientific principles and cannot be maintained without sufficient scientific evidence, except provisionally under Article 5.7.
2. Right to Exceed International Standards
International standards set by bodies such as the Codex Alimentarius Commission (food safety), IPPC (plant health), and OIE (animal health) serve as benchmarks, not ceilings. A member may impose stricter measures than these benchmarks, provided the stricter standard is justified by a proper scientific risk assessment — making Statement-I accurate.
3. Standards as Reference, Not Mandatory Floor
Conforming to Codex or equivalent standards creates a presumption of SPS compliance, but the Agreement does not compel strict adherence under all circumstances. Members retain flexibility to deviate upward when scientific evidence supports a higher level of protection — directly refuting the absolute claim in Statement-II.
4. Implications for India's Regulatory Practice
India's Food Safety and Standards Authority (FSSAI) regularly sets standards that may differ from Codex norms, backed by domestic risk assessments. Ensuring these assessments are transparent, documented, and scientifically rigorous is essential to withstand WTO dispute scrutiny.
Conclusion
The SPS Agreement is not a straitjacket but a disciplined framework: scientific risk assessment is the legitimate gateway to stricter national measures. India must invest in robust, transparent risk-assessment institutions to exercise this flexibility confidently.
Word count: 246
PYQ 2024
Consider the following statements : Statement-I : India does not import apples from the United States of America. Statement-II : In India, the law prohibits the import of Genetically Modified food without the approval of the competent authority. Which one of the following is correct in respect of the above statements ?
PYQ
Consider the following statements regarding India's food import regulations:
Statement-I: The Food Safety and Standards Authority of India (FSSAI) is the sole authority responsible for setting standards for imported food products.
Statement-II: The Customs Act, 1962 empowers FSSAI to collect samples of imported food at ports of entry for testing.
Which one of the following is correct in respect of the above statements?
PYQ
With reference to India's Sanitary and Phytosanitary (SPS) measures under the WTO framework, which of the following statements is/are correct?
1. SPS measures can be applied to protect human, animal, and plant life or health.
2. Under WTO rules, SPS measures must be based on scientific principles and cannot be maintained without sufficient scientific evidence.
3. India's SPS measures are administered exclusively by the Ministry of Commerce and Industry.
Select the correct answer using the codes given below:
PYQ
Consider the following statements about the Codex Alimentarius Commission:
Statement-I: The Codex Alimentarius Commission is a joint body of the Food and Agriculture Organization (FAO) and the World Health Organization (WHO) that develops international food standards.
Statement-II: Standards set by the Codex Alimentarius Commission are legally binding on all WTO member countries.
Which one of the following is correct in respect of the above statements?
PYQ
Consider the following statements about India's Policy on Genetically Modified (GM) food imports:
Statement-I: India permits the import of GM food products if the exporting country's regulatory authority has approved them for human consumption.
Statement-II: The Environment Protection Act, 1986 and rules thereunder form the primary legal basis for regulating GM organisms in India.
Which one of the following is correct in respect of the above statements?