U.S. Issues Response to EU Precautionary Principle

March 23, 2000

U.S. officials are critical of the European Union for insisting on a "precautionary principle" on food safety but not defining the principle. Without a clear definition, they say, the principle could be used to prohibit or inhibit trade.

"We have seen the (EU) Commission's statements that the lack of a definition does not have to cause legal uncertainty and that a definition is to be formulated over time by its courts and policymakers." But that's not enough, U.S. officials said in the response.

"Because the commission is introducing its proposed precautionary principle in international fora and with respect to international agreements, understanding its application would be particularly useful for the work of the Codex," the response continued. "If this proposed `principle' is to have value in international settings, it must b evaluated based on how it will be applied in practice and what measures would be implemented by applying it."

U.S. officials raised 27 points with the EU on the subject.

In another document on the same subject, the United States said, "Precaution and science-based risk analyses are long standing and important traditions of U.S. food safety policy and decision making. U.S. food safety statutes, regulations and policies are risk-based and have precautionary approaches embedded in them."

That 10-page document is a rationale on how and why the United States maintains its food safety system in the context of all three branches of government. "The U.S. routinely and effectively deals with technological advances, emerging problems and food safety incidents. It is enhancing early warning systems about pathogens in food. The legislation granting authorities to agencies generally enables them to revise regulations and guidance consistent with advances in technology, knowledge and need to protect consumers."