[1] Broadly, the sanitary and phytosanitary ("SPS") measures covered by the agreement are those aimed at the protection of human, animal or plant life or health from certain risks.
[2] Under the SPS agreement, the WTO sets constraints on member-states' policies relating to food safety (bacterial contaminants, pesticides, inspection and labelling) as well as animal and plant health (phytosanitation) with respect to imported pests and diseases.
[4] The SPS Agreement is an ambitious attempt to deal with NTBs arising from cross-national differences in technical standards without diminishing governments prerogative to implement measures to guard against diseases and pests.
The countermeasures took the form of increased custom duties applied by the US and Canada on certain EU products, including the notorious Roquefort cheese.
In 2004, while the ban on hormone-treated meat was still in place, the EU initiated before the DSB new proceedings seeking the lifting of the countermeasures applied by the US and Canada.
[13] Favouring economic concerns over other important public health policy issues, however, is something that requires close scrutiny by governments and the international community.
The Appellate Body in Japan– Measures Affecting Agricultural Products, stated that the length of a 'reasonable period of time' is to be assessed on a case-by-case basis.