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« Barfield on Export Restrictions | Main | WTO Scholars' Forum: WTO and Fisheries Subsidies »

Tainted Milk and Trade Rules

I often hear trade critics say that WTO rules prevent countries from taking action to ensure food safety, but do they really?  In response to the terrible Chinese tainted milk scare, some countries are taking action against imports.  For example:

the European Union will require testing of all imported products containing more than 15 percent milk powder, beginning this week, the European Commission announced.

And:

Suriname has become the first Caribbean country to ban Chinese milk and dairy products on the heels of a tainted milk scandal.

Now China has raised trade concerns about this at a WTO meeting (I assume it was an SPS Committee meeting, although the article did not say):

[China] urged the WTO's 153 members to base import restrictions on scientific risk assessments, and to make use of the global trade body's official notification mechanism if they impose any ban.

It seems clear that some action to restrict Chinese imports in this situation would be justified under WTO rules.  China probably knows this, and just wants to make sure no abuse takes place.  But it is a fine line, and could lead to controversy.

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