An improved trade dispute process will also benefit produce exporters. “There will be a clear dispute resolution process, and we think this will extend to sanitary and phytosanitary disputes,” Owen explains.
SANITARY AND PHYTOSANITARY PROTOCOLS
The dispute process for sanitary and phytosanitary protocols will be improved under TPP, as member countries have committed to a framework outside the World Trade Organization (WTO) governing body for these issues.
Vietnam, for instance, issued import restrictions last June tied to many processed fruit and vegetable products. And although the TPP is not yet in force, the United States did not file a complaint with the WTO, but entered into discussions with Vietnam, stressing that these restrictions had little scientific basis for processed crops.
Most of the more contentious food safety issues involve beef, pork, or poultry and don’t concern the produce industry. But even with a more science-based dispute resolution process, which should make disputes easier to resolve, it does not mean TPP barriers disappear. “Any country has the legal right to protect itself against invasive pests and diseases,” explains the Northwest Horticultural Council’s Powers, and every country has its own presumptions when it comes to sanitary and phytosanitary measures and food safety.
It does mean most future safety-related disputes should be easier to resolve, but a number of barriers will still be in play because the TPP does not address specific sanitary or phytosanitary barriers, and the resolution process may be lengthy. “For the fresh potato industry, addressing sanitary and phytosanitary issues will remain very, very difficult in spite of TPP,” says John Keeling, chief executive officer of the National Potato Council.
Still, the potato industry, like other ag interests, welcomed new sanitary guidelines as a movement toward solutions. “The TPP agreement takes an important step in addressing the very difficult issue of resolving plant health disputes by focusing on scientific analysis and creating a more certain dispute resolution process,” comments Cully Easterday, the National Potato Council’s vice president for trade, after the TPP text was released.
THE PATH FORWARD
There may be other possible pitfalls, according to De Young. “As with any such agreement, there are pros and cons. Not all will find the TPP a benefit to their economic interests.”
China would fall into this category. “While China is not currently a part of the partnership, it has the ability to join in the future,” he notes.
