Trade in genetically modified (GM) products remains a major issue in agricultural trade policy. In particular, the European Union has sought to deny market access to GM-products. In the wake of a WTO case brought by Canada and the US, among others, against an import ban imposed on genetically...

The regulatory regime for contamination permits the imposition of import bans with neither a scientific justification nor a risk assessment. No scientific assessment of Triffid flax was done prior to the import ban. The import regime put in place to deal with the contamination of flax with the...

The Food Safety Modernization Act (FSMA) which was signed into law in January, 2011 represents a major initiative to improve food safety in the US. The legislation mandates the US Food and Drug Administration with developing a regulatory system to implement the Act. As yet, the full effect of...

Canada and Mexico are formally challenging US country of origin (COOL) legislation at the World Trade Organization. The industries most affected by COOL are beef and pork. The effect of COOL on North American cross border supply chains is outlined. The areas of international trade law upon which...

Food safety regulations limit trade in bioproducts. Every country, however, has a duty to protect its citizens from food safety hazards. If risks are increasing under an existing food safety system then a strengthening of the regulatory regime can be justified, with the inevitable negative...

The discovery of BSE in Canada's cattle herd on May 20, 2003 has led to lost market access for Canadian cattle and beef in many countries. The Canadian cattle industry is extremely export dependent, and the loss of almost all of major export markets has had a devastating impact. Over a year...

The discovery of bovine spongiform encephalopathy (BSE) in Canada and the United States in 2003 prompted an immediate and decisive reaction from importers, with the closure of most markets to beef and cattle exports from Canada and the United States. Two years later, many of these bans have not...

Despite strong scientific evidence and representations made by international scientific organizations, a considerable number of countries have imposed import bans on pork in response to the H1N1 pandemic. The imposition of these barriers is contrary to WTO rules. The motivation for the...