Food Safety: WTO’s guidelines to tackle counterfeit food, beverages and illegal trade practices

*The World Trade Organisation, in collaboration with the Food and Agriculture Organisation of the United Nations, food safety nonprofit SSAFE, the International Seed Federation, and other experts in food safety and food crime spanning the supply chain, has written and released a publication exploring the challenges of combating food fraud and illegal practices in food trade globally

Gbenga Kayode | ConsumerConnect

Amid reported global nutrition shortages, and as part of continued efforts at proffering preventive solutions to food, beverages fraud and illegal food trade in several forms and packages, the World Trade Organisation (WTO), in collaboration with the Food and Agriculture Organisation (FAO) of the United Nations (UN), food safety nonprofit SSAFE, the International Seed Federation (ISF), and other experts in food safety and food crime spanning the supply chain, has written and released a publication on the subject.

ConsumerConnect learnt the publication launched and released Second Quarter (Q2) 2024, explores the challenges of combating food fraud and illegal practices in food trade.

According to the global trade body, the publication also explains the WTO rulebook and the role it can play in battling food fraud and illicit food trade.

What illicit trade in food and food fraud means, by WTO

WTO, in the publication, also describes illicit trade in food and food fraud as “the buying and selling of products to be eaten, drunk, or grown that are not what they are claimed to be;

“That fail to comply with health and other regulations (e.g., on quality); and that are smuggled or otherwise produced or traded outside the legitimate market framework.” The Organisation asserted that illicit trade in food and food fraud inflict considerable damage to international trade and public health.

It stated the guidebook further contains agreements that together create a legal framework for international food trade, helping to combat illicit trade and fraud in economies across the world.

Measures to deter criminals from engaging in illegal trade or food fraud

Besides, the publication identifies several areas in which improvements could be made to deter criminals from engaging in illegal trade or food fraud.

WTO noted these areas of measures to ensure legal trade and healthy food items include reducing import and export restrictions.

The UN body also opined that the smuggling of agriculture products is driven by a disparity between the price of a good at its origin and its destination, which can include price differentials deriving from government subsidies.

The World Trade Organisation in the rulebook as well referenced its ongoing agriculture negotiations aimed to simplify tariff structures, reduce excessively high tariffs and trade-distorting subsidies, and address import and export restrictions in some countries.

The goal is to reduce the incentives for smuggling and illegal trade, stated the body.

It is noted that enacting modern food safety legislations is also a veritable measure to combat illegal trade and food fraud in economies.

It said holistic regulations on the detection, prevention, mitigation, and control of food fraud could minimise the room of opportunity for fraudsters engaging in illegal trade or food fraud.

WTO recommended the conduct of timely, thorough investigations into cases of illegal trade or food fraud.

According to the Organisation, criminal investigations identify illicit actors, uncover fraud, and expose risks to health of ultimate consumers of counterfeited food items.

It affirmed the customs authorities have a key role to play in this regard.

Public-private collaboration and international cooperation are equally helpful in addressing the global menace.

The global trade body noted that collaboration spanning stakeholders and the international community is necessary to design preventive solutions to food fraud and illegal food trade.

It said: “Prevention is more cost-effective and protective of consumers than reacting to illegal trade and fraud after it occurs.”

‘Agreement on Technical Barriers to Trade’ and addressing deceptive practices

WTO rules of particular importance to food safety are the “Agreement on the Application of Sanitary and Phytosanitary Measures,” which allows WTO members to regulate food imports, based on science and risk assessment techniques, and the “Agreement on Technical Barriers to Trade”.

It observed the “Agreement on Technical Barriers to Trade” allows members to address deceptive practices.

Other relevant WTO agreements covered in the publication include the “Trade Facilitation Agreement”, which could help members to eliminate excessively cumbersome customs procedures and red tape at borders that present opportunities for exploitation.

The “Agreement on the Trade-Related Aspects of Intellectual Property Rights”, the UN body restated, may be useful to members in tackling counterfeit food and beverages.

The “Agreement on Fisheries Subsidies” also prohibits support for illegal, unreported, and unregulated (IUU) fishing; subsidies for fishing overfished stocks; and subsidies for fishing on the unregulated high seas, WTO noted in the publication.

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