ANNEX 704.3

Agricultural Grading and Marketing Standards

Each Party shall comply with Sections I and II.

Section I

United States and Mexico

1. When either the United States or Mexico adopts or maintains

a measure regarding the classification, grading or marketing of a

domestic agricultural good, it shall, with respect to the like

agricultural good imported from the territory of the other

destined for processing, accord treatment no less favorable than

the treatment it accords under the measure to the domestic

agricultural good destined for processing. The importing Party

may also adopt or maintain measures to ensure that such imported

good is processed.

2. Paragraph 1 shall be without prejudice to the rights of

either the United States or Mexico under the GATT or under

Article 301 of this Agreement with respect to measures concerning

the classification, grading or marketing of an agricultural good

(whether or not destined for processing).

3. Mexico and the United States agree to form a Working Group

to review, in coordination with the Committee on

Standards-Related Measures established under Chapter 9, the

operation of grade and quality standards regarding agricultural

goods as they affect the other Parties to this Agreement, and to

resolve issues which may arise. This Working Group shall report

to the Committee on Agriculture established under Article 708,

and shall meet at least once a year or as otherwise agreed by the

two Parties.

Section II

Canada and Mexico

Mexico and Canada agree to form a Working Group to review,

in coordination with the Committee on Standards-Related Measures

established under Chapter Nine (Standards-Related Measures), the

operation of grade and quality standards regarding agricultural

goods as they affect the other Parties to this Agreement, and to

resolve issues which may arise. This Working Group shall report

to the Committee on Agriculture established under Article 708,

and shall meet at least once a year or as otherwise agreed by the

two Parties.

ANNEX 704.4

Special Safeguards

Section I

Mexican Special Safeguard Goods

MEXICO HTS NUMBER DESCRIPTION

0103.91.99 Live swine, weighing less than

50 kilograms each, except

purebred breeding animals and

those with pedigree or

selected breed certificate

0103.92.99 Live swine, weighing 50

kilograms or more each, except

purebred breeding animals and

those with pedigree or

selected breed certificate

0203.11.01 Meat of swine, carcasses and

half-carcasses, fresh or

chilled

0203.12.01 Hams, shoulders or cuts

thereof, with bone in, fresh

or chilled

0203.19.99 Other swine meat, fresh or

chilled

0203.21.01 Meat of swine, carcasses and

half-carcasses, frozen

0203.22.01 Hams, shoulders and cuts

thereof, with bone in, frozen

0203.29.99 Other swine meat, frozen

0210.11.01 Hams, shoulders and cuts

thereof with bone in, salted,

in brine, dried or smoked

0210.12.01 Bellies (streaky) and cuts

thereof, salted, in brine,

dried or smoked

0210.19.99 Other swine meat, salted, in

brine, dried or smoked

0710.10.01 Potatoes, uncooked or cooked

by steaming or boiling in

water, frozen

0712.10.01 Dried potatoes, whole cut,

sliced, broken or in powder,

but not further prepared

0808.10.01 Apples, fresh

2004.10.01 Potatoes prepared or preserved

otherwise than by vinegar or

acetic acid, frozen

2005.20.01 Potatoes prepared or preserved

otherwise than by vinegar or

acetic acid, not frozen

2101.10.01 Extracts, essences or

concentrates, of coffee, and

preparations with a basis of

these extracts, essences or

concentrates or with a basis

of coffee

Section II

U.S. Special Safeguard Goods

U.S. HTS NUMBER DESCRIPTION

Note: A new U.S. HTS number will be established for each item

0702.00.XX Tomatoes (except cherry

tomatoes), fresh or chilled;

if entered during the period

from November 15 to the last

day of the following February,

inclusive

0702.00.XX Tomatoes (except cherry

tomatoes), fresh or chilled;

if entered during the period

from March 1 to July 14,

inclusive

0703.10.XX Onions and shallots, fresh or

chilled (not including onion

sets and not including pearl

onions not over 16 mm in

diameter) if entered January 1

to April 30, inclusive

0709.30.XX Eggplants (aubergines), fresh

or chilled, if entered during

the period from April 1 to

June 30, inclusive

0709.60.XX "Chili" peppers; if entered

during the period from October

1 to July 31, inclusive

(current 0709.60.00.20)

0709.90.XX Squash, fresh or chilled; if

entered during the period from

October 1 to the following

June 30, inclusive

0807.10.XX Watermelons, fresh; if entered

during the period from May 1

to September 30, inclusive

Section III

Canadian Special Safeguard Goods

Canadian HTS NUMBER DESCRIPTION

0603.10.90 Fresh cut flowers

0702.00.91 Tomatoes n.e.s., fresh or

chilled (dutiable period)

0703.10.31 Onions or shallots, green

(dutiable period), fresh

0707.00.91 Cucumber, fresh or chilled,

n.e.s. (dutiable period)

0710.80.20 Broccoli and cauliflowers,

blanched or not, frozen

0811.10.10 Strawberries, for processing,

frozen

0811.10.90 Strawberries, frozen, other

than for processing

2002.90.00 Tomatoes, other than whole

(tomato paste)

ANNEX 709

Country-Specific Definitions

For purposes of this Subchapter, sugar and syrup goods means:

(a) for imports into Mexico, goods classifiable under

current subheadings 1701.11.01, 1701.11.99, 1701.12.01,

1701.12.99, 1701.91 (except those that contain added

flavoring matter), 1701.99.01, 1701.99.99, 1702.90.01,

1806.10.01 (except those with a sugar content less than

90 per cent) and 2106.90.05 (except those that contain

flavoring matter) of the Mexican Tariff Schedules;

(b) for imports into the United States, goods classifiable

under current subheadings 1701.11.03, 1701.12.02,

1701.91.22, 1701.99.02, 1702.90.32, 1806.10.42, and

2106.90.12 of the U.S. Harmonized Tariff Schedule,

without regard to the quantity imported; and

(c) for imports into Canada, goods classifiable under

current subheadings 1701.11.10, 1701.11.20, 1701.11.30,

1701.11.40, 1701.11.50, 1701.12.00, 1701.91.00,

1701.99.00, 1702.90.31, 1702.90.32, 1702.90.33,

1702.90.34, 1702.90.35, 1702.90.36, 1702.90.37,

1702.90.38, 1702.90.40, 1806.10.00 (except those with a

sugar content less than 90 per cent) and 2106.90.20

(except those that contain flavoring matter) of the

Canadian Tariff Schedule.

Subchapter B - Sanitary and Phytosanitary Measures

Article 751: Scope

In order to establish a framework of rules and disciplines

to guide the development, adoption and enforcement of sanitary

and phytosanitary measures, this Subchapter applies to any such

measure of a Party that may, directly or indirectly, affect trade

between the Parties.

Article 752: Relation to Other Chapters

Articles 301 (National Treatment), 309 (Import and Export

Restrictions) and 310 (Non-Discriminatory Administration of

Restrictions), and the provisions of Article XX(b) of the GATT as

incorporated into Article 2101(1), do not apply to any sanitary

or phytosanitary measure.

Article 753: Reliance on Non-Governmental Entities

Each Party shall ensure that any non-governmental entity on

which it relies in applying a sanitary or phytosanitary measure

acts in a manner consistent with this Subchapter.

Article 754: Basic Rights and Obligations

Right to Take Sanitary and Phytosanitary Measures

1. Each Party may, in accordance with this Subchapter, adopt,

maintain or apply any sanitary or phytosanitary measure necessary

for the protection of human, animal or plant life or health in

its territory, including a measure more stringent than an

international standard, guideline or recommendation.

Right to Establish Level of Protection

2. Notwithstanding any other provision of this Subchapter,

each Party may, in protecting human, animal or plant life or

health, establish its appropriate level of protection in

accordance with Article 757.

Scientific Principles

3. Each Party shall ensure that any sanitary or phytosanitary

measure that it adopts, maintains or applies is:

(a) based on scientific principles, taking into account

relevant factors including, where appropriate,

different geographic conditions;

(b) not maintained where there is no longer a scientific

basis for it; and

(c) based on a risk assessment, as appropriate to the

circumstances.

Non-Discriminatory Treatment

4. Each Party shall ensure that a sanitary or phytosanitary

measure that it adopts, maintains or applies does not arbitrarily

or unjustifiably discriminate between its goods and like goods of

another Party, or between goods of another Party and like goods

of any other country, where identical or similar conditions

prevail.

Unnecessary Obstacles

5. Each Party shall ensure that any sanitary or phytosanitary

measure that it adopts, maintains or applies is applied only to

the extent necessary to achieve its appropriate level of

protection, taking into account technical and economic

feasibility.

Disguised Restrictions

6. No Party may adopt, maintain or apply any sanitary or

phytosanitary measure with a view to, or with the effect of,

creating a disguised restriction to trade between the Parties.

Article 755: International Standards and Standardizing

Organizations

1. Without reducing the level of protection of human, animal,

or plant life or health, each Party shall use, as a basis for its

sanitary and phytosanitary measures, relevant international

standards, guidelines or recommendations with the objective,

among others, of making its sanitary and phytosanitary measures

equivalent or, where appropriate, identical to those of the other

Parties.

2. A Party's sanitary or phytosanitary measure that conforms to

a relevant international standard, guideline or recommendation

shall be presumed to be consistent with Article 754. A measure

that results in a level of sanitary or phytosanitary protection

different from that which would be achieved by a measure based on

a relevant international standard, guideline or recommendation

shall not for that reason alone be presumed to be inconsistent

with this Subchapter.

3. Notwithstanding paragraph 1 and in accordance with the other

provisions of this Subchapter, a Party may adopt, maintain or

apply a sanitary or phytosanitary measure that is more stringent

than the relevant international standard, guideline or

recommendation.

4. Where a Party has reason to believe that a sanitary or

phytosanitary measure of another Party is adversely affecting or

may adversely affect its exports and the measure is not based on

a relevant international standard, guideline or recommendation,

it may request, and the other Party shall provide in writing, the

reasons for such measure.

5. Each Party shall, to the greatest extent practicable,

participate in relevant international and North American

standardizing organizations, including the Codex Alimentarius

Commission, the International Office of Epizootics, the

International Plant Protection Convention, and the North American

Plant Protection Organization, with a view to promoting the

development and periodic review of international standards,

guidelines and recommendations.

Article 756: Equivalence

1. Without reducing the level of protection of human, animal,

or plant life or health, the Parties shall, to the greatest

extent practicable and in accordance with this Subchapter, pursue

equivalence of their respective sanitary or phytosanitary

measures.

2. Each importing Party:

(a) shall treat a sanitary or phytosanitary measure adopted

or maintained by an exporting Party as equivalent to

its own where the exporting Party, in cooperation with

the importing Party, provides to the importing Party

scientific evidence or other information, in accordance

with risk assessment methodologies agreed upon by those

Parties, to demonstrate objectively, subject to

subparagraph (b), that the exporting Party's measure

achieves the importing Party's appropriate level of

protection;

(b) may, where it has a scientific basis, determine that

the exporting Party's measure does not achieve the

importing Party's appropriate level of protection; and

(c) shall, upon the request of the exporting Party, provide

its reasons in writing for a determination under

subparagraph (b).

3. For purposes of establishing equivalency, each exporting

Party shall, upon the request of an importing Party, take such

reasonable measures as may be available to it to facilitate

access in its territory for inspection, testing, and other

relevant procedures.

4. Each Party should, in the development of a sanitary or

phytosanitary measure, consider relevant actual or proposed

sanitary or phytosanitary measures of the other Parties.

Article 757: Risk Assessment and Appropriate Level of

Protection

1. In conducting a risk assessment, each Party shall take into

account:

(a) relevant risk assessment techniques and methodologies

developed by international or North American

standardizing organizations;

(b) relevant scientific evidence;

(c) relevant processes and production methods;

(d) relevant inspection, sampling, and testing methods;

(e) the prevalence of relevant diseases or pests, including

the existence of pest-free or disease-free areas or

areas of low pest or disease prevalence;

(f) relevant ecological and other environmental conditions;

and

(g) relevant treatments, such as quarantines.

2. Further to paragraph 1, each Party shall, in establishing

its appropriate level of protection regarding the risk associated

with the introduction, establishment or spread of an animal or

plant pest or disease, and in assessing such risk, also take into

account the following economic factors, where relevant:

(a) loss of production or sales that may result from such

pest or disease;

(b) costs of control or eradication of the pest or disease

in its territory; and

(c) the relative cost-effectiveness of alternative

approaches to limiting risks.

3. Each Party, in establishing its appropriate level of

protection:

(a) should take into account the objective of minimizing

negative trade effects; and

(b) shall, with the objective of achieving consistency in

such levels, avoid arbitrary or unjustifiable

distinctions in such levels in different circumstances,

where such distinctions result in arbitrary or

unjustifiable discrimination against a good of another

Party or constitute a disguised restriction on trade

between the Parties.

4. Notwithstanding paragraphs (1) through (3) and Article

754(3)(c), where a Party conducting a risk assessment determines

that available relevant scientific evidence or other information

is insufficient to complete the assessment, it may adopt a

provisional sanitary or phytosanitary measure on the basis of

available relevant information, including from international or

North American standardizing organizations and from sanitary or

phytosanitary measures of other Parties. Such Party shall, within

a reasonable period after information sufficient to complete the

assessment is presented to it, complete its assessment, review

and where appropriate revise the provisional measure in light of

such assessment.

5. Where a Party is able to achieve its appropriate level of

protection through the phased application of a sanitary or

phytosanitary measure, it may, upon the request of another Party

and in accordance with this Subchapter, allow for such a phased

application, or grant specified exceptions for limited periods

from such measure, taking into account the requesting Party's

export interests.

Article 758: Adaptation to Regional Conditions

1. Each Party shall adapt any of its sanitary or phytosanitary

measures relating to the introduction, establishment, or spread

of an animal or plant pest or disease, to the sanitary or

phytosanitary characteristics of the area where a good subject to

such measure is produced and the area in its territory to which

such good is destined, taking into account any relevant

conditions, including those relating to transportation and

handling, between such areas. In assessing such characteristics

of an area, including whether an area is, and is likely to

remain, a pest-free or disease-free area or an area of low pest

or disease prevalence, each Party shall take into account, among

other factors:

(a) the prevalence of relevant pests or diseases in that

area;

(b) the existence of eradication or control programs in

that area; and

(c) any relevant international standard, guideline or

recommendation.

2. Further to paragraph 1, each Party shall, in determining

whether an area is a pest-free or disease-free area or an area of

low pest or disease prevalence, base such determination on

factors such as geography, ecosystems, epidemiological

surveillance, and the effectiveness of sanitary or phytosanitary

controls in that area.

3. Each importing Party shall recognize that an area in the

territory of the exporting Party is, and is likely to remain, a

pest-free or disease-free area or an area of low pest or disease

prevalence, where the exporting Party provides to the importing

Party scientific evidence or other information sufficient to so

demonstrate to the satisfaction of the importing Party. For this

purpose, each exporting Party shall provide reasonable access in

its territory to the importing Party for inspection, testing and

other relevant procedures.

4. Each Party may, in accordance with this Subchapter:

(a) adopt, maintain or apply a different risk assessment

procedure for a pest-free or disease-free area than for

an area of low pest or disease prevalence; or

(b) make a different final determination for the

disposition of a good produced in a pest-free or

disease-free area than for a good produced in an area

of low pest or disease prevalence,

taking into account any relevant conditions, including those

relating to transportation and handling.

5. Each Party shall, in adopting, maintaining or applying a

sanitary or phytosanitary measure relating to the introduction,

establishment, or spread of an animal or plant pest or disease,

accord a good produced in a pest-free or disease-free area in the

territory of another Party no less favorable treatment than it

accords a good produced in a pest-free or disease-free area, in

another country, that poses the same level of risk. Such Party

shall use equivalent risk assessment techniques to evaluate

relevant conditions and controls in the pest-free or disease-free

area and in the area surrounding that area and take into account

any relevant conditions, including those relating to

transportation and handling.

6. Each importing Party shall pursue an agreement with an

exporting Party, upon request, on specific requirements the

fulfillment of which allows a good produced in an area of low

pest or disease prevalence in the territory of an exporting Party

to be imported into the territory of the importing Party and

achieves the importing Party's appropriate level of protection.

Article 759: Control, Inspection and Approval Procedures

1. Each Party, with respect to any control or inspection

procedure that it conducts:

(a) shall initiate and complete such procedure as

expeditiously as possible and in no less favorable

manner for a good of another Party than for a good of

such Party or a like good of any other country;

(b) shall publish the normal processing period for each

such procedure or communicate the anticipated

processing period to the applicant upon request;

(c) shall ensure that the competent body

(i) upon receipt of an application, promptly examines

the completeness of the documentation and informs

the applicant in a precise and complete manner of

any deficiency,

(ii) transmits to the applicant as soon as possible the

results of the procedure in a form that is precise

and complete so that such applicant may take any

necessary corrective action,

(iii) where the application is deficient, proceeds

as far as practicable with such procedure if

the applicant so requests, and

(iv) informs the applicant, upon request, of the

status of the application and the reasons for any

delay;

(d) shall limit the information the applicant is required

to supply to that necessary for conducting such

procedure;

(e) shall accord confidential or proprietary information

arising from, or supplied in connection with, such

procedure conducted for a good of another Party

(i) treatment no less favorable than for a good of

such Party, and

(ii) in any event, treatment that protects the

applicant's legitimate commercial interests, to

the extent provided under the Party's law;

(f) shall limit any requirement regarding individual

specimens or samples of a good to that which is

reasonable and necessary;

(g) should not impose a fee for conducting such procedure

that is higher for a good of another Party than is

equitable in relation to any such fee it imposes for

its like goods or for like goods of any other country,

taking into account communication, transportation and

other related costs;

(h) should use criteria for selecting the location of

facilities at which a procedure is conducted that do

not cause unnecessary inconvenience to an applicant or

its agent;

(i) shall provide a mechanism to review complaints

concerning the operation of such procedure and to take

corrective action when a complaint is justified;

(j) should use criteria for selecting samples of goods that

do not cause unnecessary inconvenience to an applicant

or its agent; and

(k) shall limit such procedure, for a good modified

subsequent to a determination that such good fulfills

the requirements of the applicable sanitary or

phytosanitary measure, to that necessary to determine

that such good continues to fulfill the requirements of

such measure.

2. Each Party shall apply, with such modifications as may be

necessary, paragraphs 1(a) through (i) to its approval

procedures.

3. Where an importing Party's sanitary or phytosanitary measure

requires the conduct of a control or inspection procedure at the

level of production, an exporting Party shall, upon the request

of the importing Party, take such reasonable measures as may be

available to it to facilitate access in its territory and to

provide assistance necessary to facilitate the conduct of the

importing Party's control or inspection procedure.

4. A Party maintaining an approval procedure may require its

approval for the use of an additive, or its establishment of a

tolerance for a contaminant, in a food, beverage or feedstuff,

under such procedure, prior to granting access to its domestic

market for a food, beverage or feedstuff containing such additive

or contaminant. Where such Party so requires, it shall consider

using a relevant international standard, guideline or

recommendation as the basis for granting access until it

completes such procedure.

Article 760: Notification, Publication and Provision of

Information

1. Further to Articles 1802 and 1803, each Party proposing to

adopt or modify a sanitary or phytosanitary measure of general

application at the federal level shall:

(a) at least 60 days prior to the adoption or modification

of such measure, other than a law, publish a notice and

notify in writing the other Parties of the proposed

measure and provide to the other Parties and publish

the full text of the proposed measure, in such a manner

as to enable interested persons to become acquainted

with the proposed measure;

(b) identify in such notice and notification the good to

which the proposed measure would apply, and provide a

brief description of the objective and reasons for such

measure;

(c) provide a copy of such proposed measure to any Party or

interested person that so requests and, wherever

possible, identify any provision that deviates in

substance from relevant international standards,

guidelines or recommendations; and

(d) without discrimination, allow other Parties and

interested persons to make comments in writing and

shall, upon request, discuss such comments and take the

comments and the results of such discussions into

account.

2. Each Party shall seek, through appropriate measures, to

ensure, with respect to a sanitary or phytosanitary measure of a

state or provincial government:

(a) that, at an early appropriate stage, a notice and

notification of the type referred to in paragraphs 1(a)

and (b) are made prior to their adoption; and

(b) observance of paragraphs 1(c) and (d).

3. Where a Party considers it necessary to address an urgent

problem relating to sanitary and phytosanitary protection, it may

omit any step set out in paragraph 1 or 2, provided that, upon

adoption of a sanitary or phytosanitary measure, it shall:

(a) immediately provide to the other Parties a notification

of the type referred to in paragraph 1(b), including a

brief description of the urgent problem;

(b) provide a copy of such measure to any Party or

interested person that so requests; and

(c) without discrimination, allow other Parties and

interested persons to make comments in writing and

shall, upon request, discuss such comments and take

such comments and the results of such discussions into

account.

4. Except where necessary to address an urgent problem referred

to in paragraph 3, each Party shall allow a reasonable period

between the publication of a sanitary or phytosanitary measure of

general application and the date that it becomes effective to

allow time for interested persons to adapt to such measure.

5. Each Party shall designate a government authority

responsible for the implementation at the federal level of the

notification provisions of this Article, and shall notify the

other Parties thereof. Where a Party designates two or more

government authorities for such purpose, it shall provide to the

other Parties complete and unambiguous information on the scope

of responsibility of each such authority.

6. Where an importing Party denies entry into its territory of

a good of another Party because it does not comply with a

sanitary or phytosanitary measure, the importing Party shall

provide a written explanation to the exporting Party, upon

request, that identifies the applicable measure and the reasons

that the good is not in compliance.

Article 761: Inquiry Points

1. Each Party shall ensure that there is one inquiry point that

is able to answer all reasonable enquiries from other Parties and

interested persons, and to provide relevant documents, regarding:

(a) any sanitary or phytosanitary measure of general

application, including any control or inspection

procedure or approval procedure, proposed, adopted or

maintained in its territory at the federal, provincial,

or state government level;

(b) such Party's risk assessment procedures and factors it

considers in conducting such assessment and in

establishing its appropriate levels of protection;

(c) the membership and participation of such Party, or its

relevant federal, provincial or state government

authorities in international and regional sanitary and

phytosanitary organizations and systems, and in

bilateral and multilateral arrangements within the

scope of this Subchapter, and the provisions of such

systems and arrangements; and

(d) the location of notices published pursuant to this

Subchapter or where such information can be obtained.

2. Each Party shall ensure that where copies of documents are

requested by another Party or by interested persons in accordance

with this Subchapter, they are supplied at the same price, apart

from the actual cost of delivery, as the price for domestic

purchase.

Article 762: Technical Cooperation

1. Each Party shall, upon the request of another Party,

facilitate the provision of technical advice, information and

assistance, on mutually agreed terms and conditions, to enhance

that Party's sanitary and phytosanitary measures and related

activities, including research, processing technologies,

infrastructure and the establishment of national regulatory

bodies. Such assistance may include credits, donations and

grants, for the purpose of acquiring technical expertise,

training and equipment to allow the Party to adjust to and comply

with a Party's sanitary or phytosanitary measure.

2. Each Party shall, on the request of another Party:

(a) provide to that Party information on its technical

cooperation programs regarding sanitary or

phytosanitary measures relating to specific areas of

interest; and

(b) consult with the other Party during the development of,

or prior to the adoption or change in the application

of, any sanitary or phytosanitary measure.

Article 763: Limitations on the Provision of Information

Nothing in this Subchapter shall be construed as requiring a

Party to:

(a) communicate, publish texts or provide particulars or

copies of documents other than in an official language

of such Party; or

(b) furnish any information the disclosure of which would

impede law enforcement or otherwise be contrary to the

public interest or would prejudice the legitimate

commercial interests of particular enterprises.

Article 764: Committee on Sanitary and Phytosanitary Measures

1. The Parties hereby establish a Committee on Sanitary and

Phytosanitary Measures, comprising representatives of each Party

who have responsibility for sanitary and phytosanitary matters.

2. The Committee should facilitate:

(a) the enhancement of food safety and improvement of

sanitary and phytosanitary conditions in the

territories of the Parties;

(b) activities of the Parties pursuant to Articles 755 and

756;

(c) technical cooperation between the Parties, including

cooperation in the development, application and

enforcement of sanitary or phytosanitary measures; and

(d) consultations on specific matters relating to sanitary

or phytosanitary measures.

3. The Committee:

(a) shall, to the extent possible, in carrying out its

functions, seek the assistance of relevant

international and North American standardizing

organizations to obtain available scientific and

technical advice and minimize duplication of effort;

(b) may draw upon such experts and expert bodies as it

considers appropriate;

(c) shall report annually to the Commission on the

implementation of this Subchapter;

(d) shall meet upon the request of any Party and, unless

the Parties otherwise agree, at least once each year;

and

(e) may, as it considers appropriate, establish and

determine the scope and mandate of working groups.

Article 765: Technical Consultations

1. A Party may request consultations with another Party on any

matter covered by this Subchapter.

2. Each Party should use the good offices of relevant

international and North American standardizing organizations,

including those referred to in Article 755(5), for advice and

assistance on sanitary and phytosanitary matters within their

respective mandates.

3. Where a Party requests consultations regarding the

application of this Subchapter to a Party's sanitary or

phytosanitary measure, and so notifies the Committee, the

Committee may facilitate such consultations, if it does not

consider the matter itself, by referring the matter for

non-binding technical advice or recommendations to a working

group, including an ad hoc working group, or to another forum.

4. The Committee should consider any matter referred to it

under paragraph 3 as expeditiously as possible, particularly

regarding perishable goods, and promptly forward to the Parties

any technical advice or recommendations that it develops or

receives concerning the matter. The Parties involved shall

provide a written response to the Committee concerning the

technical advice or recommendations within such time as the

Committee may request.

5. Where the involved Parties have had recourse to

consultations facilitated by the Committee under paragraph 3,

such consultations shall, upon the agreement of the Parties

involved, constitute consultations conducted for purposes of

Article 2006 (Consultations).

6. The Parties confirm that a Party asserting that a sanitary

or phytosanitary measure of another Party is inconsistent with

the provisions of this Subchapter shall have the burden of

establishing such inconsistency.

Article 766: Definitions

For purposes of this Subchapter:

animal includes fish and wild fauna;

appropriate level of protection means the level of protection of

human, animal or plant life or health in the territory of a Party

that the Party considers appropriate;

approval procedure means any registration, notification or other

mandatory administrative procedure for:

(a) approving the use of an additive for a stated purpose

or under stated conditions; or

(b) establishing a tolerance for a stated purpose or under

stated conditions for a contaminant,

in a food, beverage or feedstuff prior to permitting the use of

such additive or the marketing of a food, beverage or feedstuff

containing such additive or contaminant;

area means a country, part of a country or all or parts of

several countries;

area of low pest or disease prevalence means an area in which a

specific pest or disease occurs at low levels;

contaminant includes pesticide and veterinary drug residues and

extraneous matter;

control or inspection procedure means any procedure used,

directly or indirectly, to determine that a sanitary or

phytosanitary measure is fulfilled, including sampling, testing,

inspection, evaluation, verification, monitoring, auditing,

assurance of conformity, accreditation, registration,

certification, or other procedure involving the physical

examination of a good, of the packaging of a good, or of the

equipment or facilities directly related to production, marketing

or use of a good, but does not mean an approval procedure;

international standard, guideline or recommendation means a

standard, guideline or recommendation:

(a) regarding food safety, adopted by the Codex

Alimentarius Commission, including one regarding

decomposition elaborated by the Codex Committee on Fish

and Fishery Products, food additives, contaminants,

hygienic practice, and methods of analysis and

sampling;

(b) regarding animal health and zoonoses, developed under

the auspices of the International Office of Epizootics;

(c) regarding plant health, developed under the auspices of

the Secretariat of the International Plant Protection

Convention in co operation with the North American

Plant Protection Organization; or

(d) established by or developed under any other

international organization agreed upon by the Parties;

pest includes a weed;

pest-free or disease-free area means an area in which a specific

pest or disease does not occur;

plant includes wild flora;

risk assessment means an evaluation of:

(a) the potential for the introduction, establishment or

spread of a pest or disease and associated biological

and economic consequences; or

(b) the potential for adverse effects on human or animal

life or health arising from the presence of an

additive, contaminant, toxin or disease-causing

organism in a food, beverage or feedstuff;

sanitary or phytosanitary measure means a measure that a Party

adopts, maintains or applies to:

(a) protect animal or plant life or health in its territory

from risks arising from the introduction, establishment

or spread of a pest or disease,

(b) protect human or animal life or health in its territory

from risks arising from the presence of an additive,

contaminant, toxin or disease-causing organism in a

food, beverage or feedstuff,

(c) to protect human life or health in its territory from

risks arising from a disease-causing organism or pest

carried by an animal or plant, or a product thereof,

(d) prevent or limit other damage in its territory arising

from the introduction, establishment or spread of a

pest,

including end product criteria; a product-related processing or

production method; a testing, inspection, certification or

approval procedure; a relevant statistical method; a sampling

procedure; a method of risk assessment; a packaging and labelling

requirement directly related to food safety; and a quarantine

treatment, such as a relevant requirement associated with the

transportation of animals or plants or with material necessary

for their survival during transportation; and

scientific basis means a reason based on data or information

derived using scientific methods.