Regulation as a Non-tariff Barrier to Trade in Food between the United States and the European Union

Government oversight of the food chain in both the United States and the European Union works to ensure that food is available, affordable, safe, and nutritious. As a result, many of the controls applied in both markets are fundamentally similar. There will always be differences, however, in the tactical details of requirements that evolve in separate regimes, and regulatory professionals need to be aware of these differences to facilitate trade. Although many of the fundamentals are shared, there are notable points of divergence in the control mechanisms for determining what is acceptable in the food chain, particularly with regard to ingredients and contaminants. It is helpful to understand the basis for these differences by viewing them in the context of the respective U.S. and EU institutions tasked with food control. These differences cause friction in trade, as demonstrated by data on import alerts and refusals. Although there are important initiatives underway to harmonize some aspects of food control, the overall trajectory remains on a path toward increased divergence, not just between the United States and the European Union, but also globally. In many cases such divergence may not provide real benefits to consumer protection and may negatively impact the ability to meet basic needs for an available and affordable food supply.