Report on the impact, use and updating of the Standards and Related Texts of the Codex Alimentarius in the Current National and Regional Technical Regulations

Abstract

This research article is inspired by the need to have data re-garding the use of Codex Alimentarius Standards in the food safety regulatory framework applicable in El Salvador which is comprised of Central American Technical Regulations (RTCA), Salvadorans Technical Regulations (RTS) and Sal-vadoran Mandatory Standards (NSO) in order to assess the impact of updating the Codex Alimentarius Standards, Gui-delines, Codes of Practice and Provisions on Maximum Resi-due Limits (MRLs) in RTCA, RTS and NSO , which make use of Standards and Related Texts of the Codex Alimenta-rius. Thanks to the identification of Codex Regulations used in the current National and Regional Technical Regulations, the degree of harmonization of the regulatory framework in food matters that is applied in El Salvador with international regulations and recommendations was determined, pursuant to the provisions on harmonization of the Agreements on Technical Barriers to Trade-TBT and on the Application of Sanitary and Phytosanitary Measures-SPS of the World Trade Organization-WTO, whose compliance is mandatory in El Salvador, as a member country of the WTO, in addition, to date, there is no evidence of a study similar to the one pre-sented below.The report presents the Standards and Related Texts of the Codex Alimentarius that can be considered by the Com-petent Authorities and pertinent institutions, when updating or reviewing RTCA, RTS and NSO which currently do not use or refer to Codex Alimentarius standards, such identifica-tion was achieved from the technical analysis of the provisions and specifications of each Standard, Guideline, Code of Prac-tice and provisions on Maximum Residue Limits, which are related to the RTCA, RTS and NSO in question, parallel to this review, its presented the results of the comparison of the technical content of the National Regulation that declares to-tal agreement with Codex standards, which have been revised or modified after the publication and validity of the national regulation, are presented so that these changes can also be made. are considered when updating the pertinent technical legal instruments, in compliance with the aforementioned in-ternational commitments.  As the main finding of the investigation, it was identi-fied that the regulatory framework applicable at the national level in food matters is made up of 72 technical legal ins-truments, including 28 RTCA, 14 RTS and 30 NSO, out of this total, 49 technical legal instruments, specifically 22 RTCA, 6 RTS and 21 NSO make use of 50 Codex Alimen-tarius standards, which are derived in General and Product Standards, Guidelines, Codes of Practice and provisions for Maximum Residue Limits (MRLs) of Veterinary Pesticides and Medicines in foods, considering These results, it is stated that 68 % of the food regulations that apply in El Salvador, is harmonized with international regulations and recommen-dations, the foregoing in compliance with the responsibilities and commitments acquired by the country, by ratifying the TBT agreements. and WTO SPS.Despite the fact that more than 50 % of the regula-tions applicable at the national level regarding food use or refer to Codex Texts, it was identified that, in 38 techni-cal legal instruments, the Texts of the Codex Alimentarius to which they correspond or refer have been updated, In other words, 78 % of the food regulatory framework that is harmonized with international recommendations is consis-tent with or refers to outdated versions of Codex Alimentarius Standards and Related Texts, 60 % of the 38 technical legal instruments that refer to outdated versions of Codex Alimen-tarius Texts are impacted by the update of the international standard, due to considerable changes in the provisions or technical content of each standard.In compliance with the legitimate objectives of this in-vestigation, it was identified that 32 % of the regulatory fra-mework in the field of food does not use or does not refer to Texts of the Codex Alimentarius, expressing 6 RTCA, 8 RTS and 9 NSO, of these 23 instruments, 14 Of these, Codex Ali-mentarius standards could be considered for future updating, 15 General and Product Standards, 5 Guidelines, 5 Codes of Practice and provisions on Maximum Residue Limits of Pesticides and Veterinary Drugs that can be considered by the competent authorities are registered. update Technical Regu-lations, for 5 RTCA, 2 RTS and 2 NSO No Related Texts of the Codex Alimentarius related to these instruments were found.To date, only 2 Mandatory Salvadoran Standards have been registered, which are in complete agreement with 2 Co-dex Alimentarius Product Standards that have been modified as a result of international consensus, based on the compari-son of the technical content of the national regulation with the Codex Standard. They identify substantial and pertinent changes that must be considered by the competent authority and the entity in charge of preparing and updating technical regulations in order to guarantee and facilitate compliance with the objectives of guaranteeing consumer health, avoiding unfair practices and facilitating food trade.