ความสอดคล้องของมาตรการห้ามนำเข้าเนื้อสุกรที่ใช้สารเร่งเนื้อแดง ของประเทศไทย ภายใต้พันธกรณีขององค์การการค้าโลก

Abstract

β-agonist, also known as the “red meat substance”, is able to stimulate growth rates in animals by creating greater lean meat (or red meat) portions in animals whilst reducing the animals’ “fatty parts”.  This substance has considerable advantages for livestock farmers.  However, its use can have negative effects on consumers’ health, especially among elderly consumers, those with high-blood pressure and those suffering from heart-disease, amongst others.

The Thai government has a long-established policy for almost 30 years of eliminating all forms of health risks associated with β-agonist residues in the domestic food supply chain.  It has measures banning the import of food products containing β-agonist, including pork and related products from countries which allow the use of       β-agonist in livestock farming.  However, the Thai government is currently encountering pressure from a number of trading partners to reconsider these measures and to provide free market access to imported pork and related products.  The main justification from the trading partners is that Thailand’s present measures and policy regarding β-agonist are unfair and a breach of its obligations under World Trade Organisation (WTO) law.

This article’s focus is to study the current Thai laws relating to the import ban on pork and related products containing β-agonist. It analyses whether Thailand’s measures are consistent with WTO obligations. It also provides preliminary recommendations to the Thai government and competent authorities to amend legal provisions and develop a domestic health risk management policy to prevent β-agonist from entering the domestic food supply chain, by emphasising the legal provisions and guidelines that can be drawn up whilst remaining in compliance with Thailand’s obligations under WTO law.