STC Number - 334
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MRLs for roasted and powdered coffee

Maintained by: Chinese Taipei
Raised by: India
Supported by: Colombia; European Union
First date raised: July 2012 G/SPS/R/67 paras 20-23
Dates subsequently raised: October 2012 (G/SPS/R/69 para 58)
Number of times subsequently raised: 1
Relevant documents: G/SPS/N/TPKM/255 G/SPS/N/TPKM/255/Add.1
Products covered: 09 Coffee, tea, mate and spices
Primary subject keyword: Food safety
Keywords: Food safety; Human health; Maximum residue limits (MRLs); Mycotoxins; Ochratoxin; Risk assessment
Status: Not reported
Solution:
Date reported as resolved:

Extracts from SPS Committee meeting summary reports

In July 2012, India stated that Chinese Taipei's Food and Drug Administration had notified a draft regulation on tolerance levels of mycotoxins in food which would amend the tolerance level for ochratoxin A in coffee (G/SPS/N/TPKM/255). The draft set an MRL of 5 ppb for mycotoxin in roasted coffee powder and instant coffee. Codex had not prescribed limits for ochratoxin A in coffee, and only the European Union had notified MRLs for ochratoxin A at 5 ppb and for soluble coffee at 10 ppb. The uniform limit for roasted and ground coffee, as well as soluble coffee, set by Chinese Taipei seemed arbitrary and not based on scientific evidence, as during the manufacture of soluble coffee ochratoxin A was concentrated, leading to a higher presence of this compound than in ground coffee. Chinese Taipei's requirements would adversely affect India's growing exports of coffee. India urged Chinese Taipei's competent authority to take into consideration India's comments when finalizing the measure on tolerances of mycotoxins in foods.

The European Union shared the concerns of India, and had submitted comments on the SPS notification. The new levels proposed for ochratoxin A in soluble coffee would need to be scientifically justified. Chinese Taipei was encouraged to notify again the new amended measure to the SPS Committee so that all trading partners could comment on the amended proposed level.

Colombia requested Chinese Taipei to provide the technical basis on which the limits for ochratoxin A had been set, and recalled that Codex had not yet established limits for this toxin.

Chinese Taipei stated that in recent years consumption of coffee had increased and that the tropical climate of Chinese Taipei favoured the growth of mould on this product. The government had carried out a local background survey and a risk assessment on ochratoxin A in coffee, taking into account the measures of other countries, before drafting the proposed requirement. The draft standard was notified to the WTO on 19 April 2012, with a deadline for comments of 11 June 2012. Nonetheless, Chinese Taipei would still accept further comments on the draft, and encouraged India to submit its comments in writing to the competent authorities.

In October 2012, the European Union reported that its specific trade concern on Chinese Taipei's MRLs for Roasted and Powdered Coffee (No. 334) had been resolved following the publication by Chinese Taipei of a modified draft regulation, notified in G/SPS/N/TPKM/255/Add.1. The European Union thanked Chinese Taipei for its co-operation in resolving the concern. Chinese Taipei expressed appreciation for the EU intervention and the comments submitted by Members. Chinese Taipei had finalized the tolerance for Ochratoxin A in roasted and powdered coffee at 5 parts per billion (ppb). The standard had been in effect since 28 August 2012 and the WTO had been notified accordingly. Chinese Taipei wished to continue to collaborate with Members on SPS issues. The Chair congratulated the European Union and Chinese Taipei on the resolution of the concern and thanked them for informing the Committee. Members were encouraged to inform the SPS Committee on the resolution of trade concerns.