The full text of the Trans-Pacific Trade Partnership (TPP) was released last week, and after initial reviews of the proposed treaty, concerns raised by food safety advocates during the negotiations have not been mollified. Debbie Barker, International Programs Director for the Center for Food Safety, says the predominant issues with TPP are the Rapid Response Mechanism and the Investor State Dispute Settlement (ISDS) Mechanism. The trade agreementâs chapter on sanitary or phytosanitary measures states that border inspections on imported food must be âlimited to what is reasonable and necessary, and is rationally related to the available science.â And if thereâs an issue, a country has to provide âan opportunity for a review of the decision and consider any relevant information submitted to assist in the review.â Barker refers to this measure as the Rapid Response Mechanism and says it might give countries exporting food to the U.S. the right to challenge âeven laboratory food safety testing and the new food import rules under the Food Safety Modernization Act.â Barker and her colleagues are also concerned about the inclusion of the ISDS, which the Office of the U.S. Trade Representative (USTR) calls âa neutral, international arbitration procedure.â However, the Center for Food Safety calls it âan extrajudicial legal body that allows private corporations to sue national governments over rules that companies believe inhibit their profit-making ability.â ISDS is the place to see the real effects of TPP over the years, Barker says, adding that TPP might make it easier for companies to challenge food safety standards than in prior trade agreements. âA particular concern is that a U.S.-owned food and agribusiness can now challenge domestic public health laws they do not like through their subsidiaries in TPP countries,â she adds. USTR doesnât see it that way. Concerns about ISDS affecting governmentsâ ability to regulate âare why we have been at the leading edge of reforming and upgrading ISDS,â USTR said in a fact sheet released last March. âThe United States has taken important steps to ensure that our agreements are carefully crafted both to preserve governmentsâ right to regulate and minimize abuse of the ISDS process.â Because of these issues and others related to jobs, the environment, public health, the Center for Food Safety, Food & Water Watch, Public Citizen and other organizations oppose the trade deal. Earlier this year, Congress voted for âfast trackâ authority over TPP, meaning that it will be brought up for discussion without amendments and with limited debate. (To sign up for a free subscription to Food Safety News, click here.)
