Therefore, countries that are members of the WTO are effectively required to implement all Codex standards by virtue of the fact that they have signed the SPS Agreement.
It may not be entirely coincidental that many countries have already begun taking steps to implement stringent restrictions upon the dosage levels and availability of a number of vitamins and minerals, including the United States and Canada, in preparation for the finalization of the Codex Guidelines for Vitamin and Mineral Supplements.
Additionally, what can be said, promoted or advertised as mental or physiological benefit from such substances are already being restricted within the borders of the United States by the FDA who issued "cease and desist" letters to more than 40 supplement manufacturers and distributors last January.
Indeed, the significance of Codex was underscored in 1985 by United Nations Resolution 39/85, whereby guidelines were adopted on consumer protection policies.
One could also argue that countries were already expected to adopt Codex guidelines and standards before either the WTO or the SPS Agreement came into existence on the grounds that a United Nations General Assembly resolution in 1985 gave rise to the United Nations "Guidelines for Consumer Protection." These guidelines stated that;
"Governments should take into account the need of all consumers for food security and should support and, as far as possible, adopt standards from ...Codex Alimentarius."
Although it could also be said that the use of the word "should" in this text, as opposed to the word "shall," could arguably be said to amount to something less than a mandatory requirement; nevertheless, the United Nations Guidelines for Consumer Protection were later expanded in 1999 and the reference to Codex was retained.
More recent developments might make the issue of "adoption" somewhat academic however, as the Codex Alimentarius Commission has recently deleted the notification and acceptance procedures from the Codex Procedural Manual.
Prior to this, there had been three levels of acceptance procedures for Codex texts, and countries were, theoretically, supposed to inform the Codex Alimentarius Commission of which level of acceptance they would be applying to each individual Codex standard within its territorial jurisdiction. This is no longer an option.
Consequently, while these notification and acceptance procedures had effectively been ignored already by governments for many years, the fact that they have now been abolished provides further substantiation that in light of the SPS Agreement, compliance with Codex standards and guidelines is effectively assumed to be mandatory.
Finally, it should be noted that the text of the Codex Guidelines for Vitamin and Mineral Food Supplements specifically states in paragraph 1.2 that;
"These Guidelines do apply in those jurisdictions where products defined in 2.1 [i.e. vitamin and mineral food supplements] are regulated as foods."
As such, given that the United States regulates dietary supplements as foods, notwithstanding the popularity and apparent protections under DSHEA, it seems quite clear that the guidelines will indeed apply in the U.S.
Note: Links to all documentation available at the WINHS.ORG web site
Stay tuned for Part Six: Final Summary
It may not be entirely coincidental that many countries have already begun taking steps to implement stringent restrictions upon the dosage levels and availability of a number of vitamins and minerals, including the United States and Canada, in preparation for the finalization of the Codex Guidelines for Vitamin and Mineral Supplements.
Additionally, what can be said, promoted or advertised as mental or physiological benefit from such substances are already being restricted within the borders of the United States by the FDA who issued "cease and desist" letters to more than 40 supplement manufacturers and distributors last January.
Indeed, the significance of Codex was underscored in 1985 by United Nations Resolution 39/85, whereby guidelines were adopted on consumer protection policies.
"Governments should take into account the need of all consumers for food security and should support and, as far as possible, adopt standards from ...Codex Alimentarius."
Although it could also be said that the use of the word "should" in this text, as opposed to the word "shall," could arguably be said to amount to something less than a mandatory requirement; nevertheless, the United Nations Guidelines for Consumer Protection were later expanded in 1999 and the reference to Codex was retained.
More recent developments might make the issue of "adoption" somewhat academic however, as the Codex Alimentarius Commission has recently deleted the notification and acceptance procedures from the Codex Procedural Manual.
Prior to this, there had been three levels of acceptance procedures for Codex texts, and countries were, theoretically, supposed to inform the Codex Alimentarius Commission of which level of acceptance they would be applying to each individual Codex standard within its territorial jurisdiction. This is no longer an option.
Consequently, while these notification and acceptance procedures had effectively been ignored already by governments for many years, the fact that they have now been abolished provides further substantiation that in light of the SPS Agreement, compliance with Codex standards and guidelines is effectively assumed to be mandatory.
Finally, it should be noted that the text of the Codex Guidelines for Vitamin and Mineral Food Supplements specifically states in paragraph 1.2 that;
"These Guidelines do apply in those jurisdictions where products defined in 2.1 [i.e. vitamin and mineral food supplements] are regulated as foods."
As such, given that the United States regulates dietary supplements as foods, notwithstanding the popularity and apparent protections under DSHEA, it seems quite clear that the guidelines will indeed apply in the U.S.
Note: Links to all documentation available at the WINHS.ORG web site
Stay tuned for Part Six: Final Summary
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