Guo Guihuan

Hebei Law Science 2016(5)

Abstract: There are internationally two GMF labeling systems: mandatory labeling and voluntary labeling. The GMF mandatory labeling system has negative effect on the international trade. there are three factors affect the legitimate of the measure under WTO agreements. The first factor is whether the GMF and non-GMF are “like product”; the second factor is whether the measure violates the nondiscriminatory treatment obligation; the third factor is whether the measure is more than necessary trade restrictions.

Keywords: WTO; genetically modified food; consumer right to know; voluntary labeling;

mandatory labeling

This article can be divided into three parts.

The first part introduces the legislative basis of GMF mandatory labeling system. In America, the basis of labeling system is scientific rationality. Because there is no effective evidence to prove the insecurity of GMF, so whether to have GMF labeling, it would be voluntary. While, in some European country, in order to protect the consumers right to know, they apply to the mandatory labeling system.

The second part introduces the laws which regulate the mandatory labeling system. Firstly, GATT 1994 as the basic agreement to adjust the goods trade, it certainly regulate the food labeling measures. Secondly, TBT definitely stipulates that according to its mandatory, food labeling measure can be divided into technical regulation and technical norms. Thirdly, we cannot prove the risk of GMF, so GMF labeling measures cannot apply to SPS. As for the relationship of GATT1994 and TBT, TBT has priority.

The final part is about the factors that GMF mandatory labeling measures gain justifiability under WTO. Firstly, it is whether GMF and non-GMF are “like product”. Secondly, it is whether the measure violates the nondiscriminatory treatment obligation or it just because of the legitimate regulatory distinctions. Thirdly, it is whether the measure is more than necessary trade restrictions.