Codex Alimentarius: Relevance to the Current GlobalMarketplace

Codex Alimentarius: Relevance to the Current GlobalMarketplace
by Mark A. Le Doux

Alot of interesting things happened in the year 1963.Willie Mays signed acontract with the San Francisco Giants for $100,000 per year.The Beatlesreleased their first single in the United StatesPlease Please Me. LosAngeles ended streetcar service after 90 years. John Kennedy named WinstonChurchill an honorary U.S. citizen. The CodexAlimentarius Commission began under the auspices ofthe World Health Organization (WHO).The Supreme Court ruled against Biblereading or prayer in public schools. Pope Paul VI succeeded Pope John XXIII.Kennedy visited West Berlin and delivered his most memorable foreign speech, andwas assassinated in Dallas later in the year. Martin Luther King delivered hisI Have a Dream speech on the Mall in Washington. The U.S. populationreached a level of 190 million. The Berlin Wall opened for the first time toWest Berlin residents.

Fast forward to 2005. The population of the United States isnow over 295 million. Half of the Beatles are dead. Some baseball pitchers makemore in one game than Willie Mays made in an entire season. The Berlin Wall isgone and so is the USSR. But, the Codex Alimentarius Commission still exists,and some fear it is becoming too powerful a force in international trade. Thereare many who have made some fairly outrageous statements regarding the Codexbeing a stalking horse for big pharma or having sold out to multi-nationalinterests. Before one can make an honest assessment of the impact of Codex, itis helpful to understand what Codex is, how it works and the impact it has onAmerican businesses.

In 1963, this commission was formed to develop food standards,guidelines and related texts such as codes of practice under the joint WHO/Foodand Agriculture Organization (FAO) Food Standards Program. The stated main purposes of this program are to protect thehealth of consumers and to ensure fair practices in the food trade. It also hasa primary interest in promoting coordination of all food standards workundertaken by international governmental and non-governmental organizations.This information is taken almost verbatim from the official Web site for Codex(www.codexalimentarius.net).

In fact, the first joint meeting of experts of FAO and WHO inthe area of nutrition took place in 1950. A statement was issued that is as truetoday as it was then. Food regulations in different countries are oftenconflicting and contradictory. Legislation governing preservation, nomenclatureand acceptable food standards often varies widely from country to country.Newlegislation not based on scientific knowledge is often introduced, and littleaccount may be taken of nutritional principles in formulating regulations. One could certainly make the argument that while people comeand go, this statement remains a prescient forecast of our current regulatoryenvironment.

In the United States, many food companies or dietarysupplement suppliers have limited concerns about the vast majority of theirproducts being accepted within the 50 states.Certain jurisdictions have enactedlaws regarding packaging components or label requirements, but the vast majorityof these concerns have been addressed by the Nutrition Labeling and EducationAct (NLEA) or the Dietary Supplement Health and Education Act (DSHEA), as wellas subsequent actions of interpretation or enforcement by U.S. regulatoryagencies.

U.S.-based companies endeavoring to do business with andanticipating a similar situation in the European Community (EC), Latin Americaor Asia have been quickly disabused of their naivete. While advances have beenmade within the EC with the adoption of the Food Supplements Directive, theimplementation of this legislation is awaiting court evaluation and Commissionactions. Likewise, liberalization or harmonization of markets in Asia remains anoble goal, but the progress is measured in small steps.

Companies and consumers are both aware of these anachronismsin trade. The advent of the Internet and the resultant international discoursehas largely dispelled the oft-stated argument that the state knows bestwhat is in the best interests of its constituents.

Recognizing the propensity for longevity enjoyed byinternational programs such as Codex, it is of benefit to review what theCommission itself has stated as a primary goal: The harmonization of foodstandards is generally seen as a prerequisite to the protection of consumerhealth as well as allowing the fullest possible facilitation of internationaltrade. ...Harmonization can only be achieved when all countries adoptthe same standards.

As a frequent participant at Codex meetings in various venuesaround the world, I can personally attest to several facts. First, the vastmajority of participants from country delegations at the committee level arededicated scientists who are keen to protect the health of their constituentsand promote international trade and dialogue. Second, while there will always bethose who raise their voices in concern regarding potential conspiracies torestrict trade, the proof of the value of Codex is evident in the work done bythe 16 commodity committees and the nine general subject committees of Codex.

The General Principles of the Codex Alimentarius specify theways in which member countries may accept Codex standards. Forms ofacceptance vary somewhat depending on whether the standard is a commoditystandard, a general standard, or concerns levels for pesticide, veterinary drugresidues or food additives. Generally, however, the proposed forms of acceptanceare full acceptance, acceptance with minor deviations and free distribution.Theways of acceptance are clearly defined in the General Principles, and theirsuitability in the light of experience is subject to review by the CodexCommittee on General Principles. This statement is taken verbatim from theSection on Understanding the Codex Alimentarius.

While some companies in Americaare reluctant to participate in dialogue available at the Codex Committeemeetingsthrough either becoming a member of the U.S. Delegation or throughtheir relationship with a non-governmental organization (NGO) such as theCouncil for Responsible Nutritionit is safe to state that as the worldbecomes even more complex and products become even more multi-national incomposition and target market, the Codex standards are going to become thebenchmark for enforcement of obligations under the World Trade Organization(WTO) agreements. As such, a full level of participation is critical to make theprocess transparent and apolitical to the greatest extent possible. At the endof the day, giving the consumer access to well-made foods and supplements thatadhere to the highest possible standards for safety is in everyones bestinterest.

Mark A. Le Doux is the founder, chief executive officer andchairman of Natural Alternatives International Inc. LeDoux is a member of theboard of directors of the Council for Responsible Nutrition and chairs itsinternational trade and market development committee. He is also a recognizedparticipant of the Codex Alimentarius Commission, the United Nations food anddietary supplement standard-setting body.

Want to Learn More?

Mark Le Doux will present The Role of the WHO-FAO CodexAlimentarius in Your Future on Thursday, May 5, from 8 to 8:50 a.m. atSupplySide East in Baltimore. Explore how the pieces of Codex fit together andget the truth about the myths surrounding the activities of the CodexCommission. Details and registration information are available atwww.supplysideshow.com/east or by calling (800) 454-5760.