Lesson 4: Implementation of the SPS Agreement

Topic 1: Role of the USDA

In this topic, you will learn who is responsible for implementing the SPS Agreement in the United States and what parts of the U.S. government participate in SPS Committee meetings and the WTO Dispute Settlement Body.

Objectives:

Identify the U.S. competent authorities
Describe U.S. participation in SPS meetings and committees
Describe U.S. experiences with the WTO Dispute Settlement Body

The United States Department of Agriculture (USDA) is responsible for developing and implementing U.S. federal government policy on farming, agriculture, and food. The USDA is very large and has many roles. The Foreign Agriculture Service (FAS) is the part of the USDA responsible for interacting with trading partners from different countries. FAS personnel, which are stationed in many countries around the world, have an important role in maintaining positive relationships and ensuring clear communication with international trading partners. FAS is one of numerous branches of the USDA that participate in SPS Committee meetings and may be called upon to support dispute proceedings.

United States Department of Agriculture

The United States Department of Agriculture (USDA) was established in 1862 and is responsible for developing and implementing U.S. federal government policy on farming, agriculture, and food. The USDA is very large and has many roles. Among these roles, some of the most relevant to the SPS Agreement include:

Addressing the needs of farmers and ranchers
Promoting agricultural trade and production
Assuring food safety
Protecting natural resources

National laws and regulations help the USDA address the needs of domestic producers, while international agreements like the SPS Agreement guide relationships with other countries. When the needs of domestic producers are different from those of international trading partners, the USDA works to make sure that solutions are consistent with both national and international obligations.

USDA personnel are located in over 160 countries around the world. Their presence helps the United States understand and address conditions that vary between countries, and it facilitates communication between governments.

USDA Foreign Agriculture Service

The USDA Foreign Agriculture Service (FAS) is the official World Trade Organization (WTO) SPS Enquiry Point and the National Notification Authority for the United States.

When the United States decides to change a regulation that might affect trade, FAS is responsible for informing the WTO about the proposed change. Countries that have questions about new or pending regulations should contact the FAS branch located in or near their country.

FAS participates in Free Trade Agreements (FTAs), international standard-setting organizations (CODEX, OIE, IPPC), and other trade related activities. This ensures that U.S. interests are represented, and it promotes consistency among WTO member countries in the application of the SPS and TBT Agreements on national measures.

USDA Animal Plant Health Inspection Service

The Animal Plant Health Inspection Service (APHIS) is one of the regulatory branches of the USDA. APHIS promotes the health of U.S. agriculture by developing and implementing science-based trade policies, including those that pertain to SPS measures and international standards. These standards ensure that U.S. agricultural exports are protected from unjustified trade restrictions.

Within APHIS, Plant Protection and Quarantine (PPQ) is responsible for safeguarding U.S. agriculture and natural resources from the entry, establishment, and spread of plant pests. PPQ is the regulatory authority for plants and plant products, and it supports the trade and export of U.S. agricultural products.

USDA International Services

APHIS International Services (IS) personnel are deployed around the world and are responsible for facilitating international trade, for promoting international safeguarding, and for capacity building.

USDA Food Safety Inspection Service

The Food Safety Inspection Service (FSIS) is the public health regulatory agency in the USDA responsible for ensuring that the nation’s commercial supply of meat, poultry, and egg products is safe, wholesome, and correctly labeled and packaged.

As shown here, the USDA is composed of many branches or agencies. In addition to SPS implementation, USDA personnel are also responsible for risk management, farm insurance, natural resources conservation, rural development, nutrition policy and promotion, agricultural economics and research, grain inspection, and statistics, among other things. Although many of these activities are intended to meet the needs of producers and consumers in the United States, they also directly or indirectly benefit the international community.

SPS Committee Participation

Many U.S. agencies participate in WTO SPS Committee meetings. The USTR leads the delegation representing the U.S. at these meetings.

FAS and APHIS participate as members of a multi-agency delegation to the WTO Committee on Sanitary and Phytosanitary Measures and the Committee on Technical Barriers to Trade. FAS typically provides political and market analyses, while APHIS provides technical expertise related to U.S. and international regulations and agreements. In addition to these USDA agencies, personnel from the U.S. Environmental Protection Agency (EPA), Food and Drug Administration (FDA), and Department of State participate in SPS Committee meetings. The United States Trade Representative (USTR), the lead trade organization for the President of the United States, leads the delegation.

The SPS Committee meets several times a year in Geneva, Switzerland. The meetings provide an opportunity for countries to discuss SPS issues that affect many or all members. In addition to this formal meeting, many countries take the opportunity, while in Geneva, to have informal discussions about ongoing trade issues.

Topics of discussion at WTO SPS Committee meetings:

Specific trade concerns that involve two or more trading partners
Implementation of transparency provisions
Equivalence
Pest- and disease-free areas
Technical cooperation and assistance activities
Review of the operation and implementation of the SPS Agreement
The use of international standards

In addition to attending SPS Committee meetings three or four times a year, the U.S. delegation also participates in formal WTO trade disputes. The United States has participated in over 200 formal disputes: 89 times as the complaining party and 130 times as the responding party. Of the 450 dispute cases that have been filed since the WTO was created, most are not related to the SPS Agreement. Only 40 disputes from all countries in the world cite the SPS Agreement as their basis for consultations. While countries should be aware of the assistance WTO dispute resolution can provide, disputes can be very expensive, and countries should work to resolve their differences without bringing the WTO into the disagreement.

In this topic, you learned that the USDA is responsible for implementing many parts of the SPS Agreement in the United States. The Foreign Agriculture Service (FAS) serves as the enquiry point and the national notification authority, while the Animal Plant Health Inspection Services (APHIS) regulates trade in agricultural commodities. Both groups are active participants in SPS Committee meetings, and both are called on when the United States participates in a formal WTO dispute.

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