Abstract
In this article, the author identifies signs of sanitary and phytosanitary measures in the WTO rules and comes to the conclusion that these are measures of non-tariff regulation of international trade developed by the state, used to protect the life or health of people, animals or plants from actual risks of pests, diseases, harmful organisms, additives, pollutants, toxins or pathogens negative impact on them on the territory of a WTO member state. Scientific justification and proper risk assessment are prerequisites for the recognition of sanitary and phytosanitary measures by a WTO member. For the first condition, quantitative and qualitative criteria of scientific justification are taken into account, including the sufficiency and completeness of scientific data. The second condition means testing both this scientific rationale (the position must be recognized in doctrine and meet the requirements of the scientific community) and reasoning in risk assessment, which must be objective and consistent.
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