| Abstract: | Sanitary and phytosanitary (SPS) measures are one form of non‐tariff international trade barrier with the objective of requiring consumer and intermediate goods to be safe and to provide information to protect consumers from deceptive practices. However, such barriers could severely restrict trade. The central strategy of the World Trade Organization's (WTO) SPS Agreement is to use science to distinguish between those SPS measures consistent with the Agreement and those in violation of the Agreement. SPS measures belong to what is known as trans‐science questions or questions which can be asked of science and yet which cannot be answered by science. Because of the presence of scientific uncertainty, science policies adopted by members should be identified by the WTO. WTO panels should not, however, establish scientific policies. Prohibitive measures would seem rather incompatible with the role the WTO assumed trying to promote free trade. Rather, facilitating the distribution of available information regarding SPS and food safety risk, or a lack of it, to consumers in importing countries would help them to make better informed decisions according to their own preferences and risk aversion. |
