G/SPS/GEN/1792  
18 June 2020 
(20-4289) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original:  Spanish  
 
  
RESTRICTIONS ON EXPORTS OF CHOCOLATE AND COCOA PRODUCTS  
DUE TO THE APPLICATION OF MAXIMUM LEVELS OF CADMIUM  
WITHOUT SCIENTIFIC JUSTIFICATION  
COMMUNICATION FROM PERU  
The following communication , received on  18 June 2020, is being circulated at the request of the 
delegation of Peru. 
 
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1.  Peru wishes to remind WTO Members that the purpose of the Codex Alimentarius is to protect 
consumer health and ensure fair practices in the food trade . In this connection , Peru wishes to 
address the develop ment and discuss ion of  maximum  levels of cadmium in chocolate and cocoa 
products within the Codex  Committee on Contaminants in Food  (CCCF) , as well as the importance 
of having  an international standard for a sector that is of great  social and economic significance  to 
Peru, as 90,000 families in the country are economically dependent  on it. Many of these families  live 
in areas with high levels of poverty , where comprehensive and su stainable programmes for the 
development of alternatives to coca leaf production are run . 
2.  First, the lack of a Codex standard for maximum levels of cadmium in chocolate and cocoa has 
led to  the adoption  of standards , by countries , that are not necessarily supported by proper scientific 
evidence , resulting in  sanitary measures that more are trade  restrictive than necessary . 
3.  Peru is facing a number of difficulties as a result of different standards being applied to  its cocoa 
powder exports . For example, maximum  cadmium levels of 0.4mg/ kg are applied to both cocoa 
powder  and chocolate with a cocoa content of  40%, despite the fact that, in  the final uses of both  
products , the concentrations of cocoa consumed  differ significantly . Moreover, maxim um cadmium  
levels  of 0.6 mg/kg are applied to cocoa powder used in chocolate powde r, even though the 
importing country's regulation s only appl y to the fin al product . 
4.  This situation  has, in some cases,  led import ers to apply the  maximum levels of cadmium 
established in these  standards to products that are not necessarily covered  by them, in order  to 
avoid po ssible  restrictions from their respective governments . This situation not only affects safety, 
a legitimate goal of this typ e of sanitary measure, but also fair, transparent and predictable trade . 
5.  Additionally , importers require producers to submit  an analysis of the cadmium in their beans , 
despite the fact that  such a requirement is not specified in any  existing standar d. This leads to  
importers reducing purcha se prices  with n o real grounds for doing so . 
6.  Levels of cadmium for chocolate and cocoa products have become a point of negotiati on for cocoa 
beans, even though  they do not apply to these products . This has had an impact on the areas of 
Peru grow ing the largest quantity of high -quality hybrid, cr iollo and native varieties . 
7.  Moreover , maximum levels of cadmium for chocolate and cocoa products are still being discussed 
under the CCCF  discussions . However, Peru regrets that, during  these  discussions, some countries 
have submitted proposals that are not supported by proper scientific evidence . G/SPS/GEN/1792  
- 2 - 
  8.  Peru therefore wishes to stress that any proposed  Codex standard must be develope d in a 
transparent manner  and based on  science  and the data collected . It should  also be noted  that the 
existence , prior to the discussion beginning at the committee level,  of proposed draft s that are not 
based on data provided by countries is counterproductive . This situation creates distrust between 
countries, delays the adoption of an international standard and leads to the possibility of no 
consensus  being reached at the next meeting of the CCCF, thereby bringing  to an indefinite halt 
work to establish maximum levels of cadmium in chocolate and cocoa products . This is despite  the 
fact that it was agreed that a criterion of proportionality  would be applied when  establish ing these 
levels . 
9.  Peru therefore  invites WTO Members to coordinate with their respective health  authorities, in 
order  to achieve consensus by honouring  the agreement to apply  a criterion of proportionality  when  
establis hing, at the next meeting of the CCCF in 2021,  maximum levels o f cadmium for the following 
categories : (1) cocoa powder ready for consumption containing or declaring  100% total cocoa solids 
and (2) chocolate containing  between 30% and 50% of total dry cocoa solids . 
10.  Peru requests the Codex Secretariat to ensure  that the development of all Codex standards is 
based on science and data, in order to guarantee safety and avoid unjustified barriers to trade.  
11.  Lastly , Peru asks WTO Members hav ing already established maximum levels of cadmium for 
chocolate and cocoa prod ucts to review their standards  on the  basis of the findings  presented within 
the CCCF , and to inform their trade operators that in no case do these standards apply to cocoa 
beans . 
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