Legallssues Of Food Safety Barrier

With international food safety affairs broke out all over the world, food quality is attached more importance. Many countries have adopted strict measures to regulate the quality of importing food. Then some illegitimate measures under the pretense of protecting human and animal's healthy and safety appeared. They are used as solid safety barrier to pose latent threaten to free trade and provoke bilateral or multilateral disputes. In such circumstance, as one of great exporter in food and agriculture trade, how to deal with the trade barrier is a practical problem for Chinese government.This article includes three parts:Firstly, it distinguishes the Food Safety Barrier among Technical Barrier to Trade and Green Trade Barrier. Then, bases on clarifying the barrier's character, the raising up background, modalities as well as influence to international trade, it analyses related WTO provisions of GATT1994 XX(b),TBT and SPS Agreements combined with Thailand-Cigarettes, EC-Sardines, EC-Hormones and other typical cases which submited to DSB .At last, from the practical view, it brings forward the advices to Chinese domestic industries for dealing with the new type barrier as well as the standpoint China should persist in the WTO new round agriculture negotiation.Food safety barrier is a new thing which domestic academe haven't achieved an all-around research. It is foreseeable that with the restriction to tariff and traditional non-tariff barrier become more and more strict, food safety barrier as a more latent barrier will be used frequently. Therefore, this topic not only takes on the nature of technicality but also have practical meaning to developing countries like China .