IV 

109TH CONGRESS 

1ST SESSION H. RES. 562 

Reaffirming the position of the Government of the United States that the 

sanitary and phytosanitary guidelines for vitamin and mineral food supplements adopted by the Codex Alimentarius Commission at its Twentyeighth Session from July 4–9, 2005, are not binding on the United 

States. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2005 

Mr. BRADLEY of New Hampshire submitted the following resolution; which 

was referred to the Committee on Energy and Commerce 

RESOLUTION 

Reaffirming the position of the Government of the United 

States that the sanitary and phytosanitary guidelines 

for vitamin and mineral food supplements adopted by 

the Codex Alimentarius Commission at its Twenty-eighth 

Session from July 4–9, 2005, are not binding on the 

United States. 

Whereas the United States is a party to the Agreement on 

the Application of Sanitary and Phytosanitary Measures, 

as described in section 101(d)(3) of the Uruguay Round 

Agreements Act (19 U.S.C. 3511(d)(3)), and annexed to 

the Agreement Establishing the World Trade Organization entered into on April 15, 1994; 
2 

•HRES 562 IH 

Whereas sanitary and phytosanitary measures relate to protecting human, animal, and plant life and health from 

the risk of plant- or animal-borne pests or diseases, or 

additives, contaminates, toxins, or disease-causing organisms in foods, beverages, or feedstuffs; 

Whereas the Agreement on the Application of Sanitary and 

Phytosanitary Measures establishes general requirements 

and procedures to ensure that sanitary and phytosanitary 

measures are intended to protect against the risk asserted rather than to serve as a disguised trade barrier; 

Whereas Article 3 of the Agreement on the Application of 

Sanitary and Phytosanitary Measures recognizes that 

member countries of the World Trade Organization 

(WTO) often apply different sanitary and phytosanitary 

measures and calls for each WTO member country to use 

relevant international standards as a basis for establishing its sanitary and phytosanitary measures and thus 

to harmonize the different sanitary and phytosanitary 

measures on as wide a basis as possible to facilitate 

trade; 

Whereas the Codex Alimentarius Commission is an international sanitary and phytosanitary standard-setting organization of the Food and Agriculture Organization 

(FAO) and the World Health Organization (WHO) of the 

United Nations; 

Whereas at the Twenty-eighth Session of the Codex 

Alimentarius Commission from July 4–9, 2005, in Rome, 

the Commission adopted sanitary and phytosanitary 

guidelines for vitamin and mineral food supplements; 

Whereas guidelines adopted by the Codex Alimentarius Commission are not binding on any country unless the coun-
3 

•HRES 562 IH 

try chooses to incorporate the guidelines into their laws 

or regulations; and 

Whereas the Government of the United States has not incorporated, and has indicated that it will not incorporate, 

into its laws or regulations the sanitary and 

phytosanitary guidelines for vitamin and mineral food 

supplements adopted by the Codex Alimentarius Commission: Now, therefore, be it 

1 Resolved, That the House of Representatives reaf2 firms the position of the Government of the United States 

3 that the sanitary and phytosanitary guidelines for vitamin 

4 and mineral food supplements adopted by the Codex 

5 Alimentarius Commission at its Twenty-eighth Session 

6 from July 4–9, 2005, are not binding on the United 

7 States. 

Æ