Respective roles of FS regulations agencies and FS standards agencies in Africa

Building upon the Strategic Objectives of the FNSSA, particularly:

• a. Strengthening food policy, legal, and institutional frameworks
• b. Promoting a food safety culture through evidence-based advocacy
• c. communication and information sharing to enhance consumer awareness and empowerment.

It is crucial that the objectives of the African food safety strategy are aligned with established global benchmarks. The European Union (EU) presents a valuable model for both conceptualization and practical implementation. This alignment necessitates adherence to the principles established by the World Trade Organization (WTO) governing food trade, specifically through the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and the Agreement on Technical Barriers to Trade (TBT Agreement). These agreements distinctly differentiate between food safety and food quality, with the SPS Agreement addressing the former and the TBT Agreement addressing the latter.

This distinction carries significant implications for legislative frameworks and the allocation of responsibilities. Food safety is the responsibility of relevant governmental authorities, encompassing the formulation of legislation, the establishment of maximum contaminant levels, and the rigorous monitoring of compliance. This is predicated on the fundamental consumer expectation that food products are safe for consumption and will not cause adverse health effects, whether immediate or long-term.

Conversely, food quality specifications are designed to meet diverse consumer acceptance criteria. Food traders are obligated to meet these requirements and clearly communicate them through comprehensive food labeling. Consequently, private sector entities have emerged to address these specific consumer demands related to food quality. It is important to note that these quality specifications are generally non-binding, as stipulated by the General Agreement on Tariffs and Trade (GATT), in contrast to the legally binding technical regulations issued by competent governmental bodies, which are primarily concerned with food safety.

A notable observation is the prevalence of non-governmental food standards within the European Union (Table 1). This contrasts with many African nations, where food standards bodies are often governmental entities (Table 2), potentially imbuing their standards with a mandatory status that may deviate from the consensus within the WTO framework.

Therefore, reserving the mandate for governmental bodies to establish and enforce legislation pertaining to food safety, while assigning the role of food safety standard to the private sector organizations, would secure the separation of entities responsible for setting food quality specifications, and enable to recognize that the monitoring of food quality through labeling constitutes a contractual agreement between the seller and the buyer. Any deviation from these labeled specifications should be considered a fraudulent practice, falling under the purview of private law concerning fraud penalties, which is also subject to oversight by governmental regulatory agencies.

WTO Framework: Distinguishing Food Safety and Quality

In the World Trade Organization (WTO) framework, food safety measures and food quality requirements are governed by distinct agreements:

1. Food Safety (SPS Agreement): The Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) applies to laws, regulations, and procedures aimed at protecting human, animal, or plant life or health from risks such as pathogens, contaminants, and diseases. Given their public health implications, these measures are typically mandatory. The SPS Agreement mandates that countries base their SPS measures on scientific principles and risk assessment.
2. Food Quality (TBT Agreement): The Agreement on Technical Barriers to Trade (TBT Agreement) applies to product characteristics not directly related to food safety, such as quality, composition, labeling, and packaging. Measures under the TBT Agreement can be mandatory (technical regulations) or voluntary (standards), depending on whether compliance is legally required.

A critical distinction within WTO terminology, particularly under the TBT Agreement, lies between technical regulations and standards. Technical Regulations (Mandatory) are legally binding documents outlining product characteristics, processes, or production methods. Standards (Voluntary) are documents approved by a recognized body that provide guidelines without requiring mandatory compliance.

Private organizations often develop voluntary standards addressing nutritional composition, sensory attributes, cultural or religious requirements, and environmental or ethical considerations. Producers choose to comply based on market demand.

Table 1: Bodies Responsible for Quality Standards in European Countries (All Private)

Table 2: Government-Established Bodies Responsible for Quality Standards in Africa