Unnecessary Obstacles. Each importing Party shall ensure that any phytosanitary or zoosanitary measure it adopts, applies or maintains is applied only to the extent necessary to achieve its appropriate level of protection, taking into account technical and economic feasibility.
Unnecessary Obstacles. Nothing in this subchapter may be construed as prohibiting any private person, Federal agen- cy, or State agency from engaging in standards- related activities that do not create unnecessary obstacles to the foreign commerce of the United States. No standards-related activity of any pri- vate person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the stand- ards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, es- sential security, environmental, or consumer in- terests and if such activity does not operate to exclude imported products which fully meet the objectives of such activity. (Pub. L. 96–39, title IV, § 401, July 26, 1979, 93 Stat. 242; Pub. L. 103–465, title III, § 351(b), Dec. 8, 1994, 108 Stat. 4955.) Amendments 1994—Pub. L. 103–465 added subsec. (a), designated ex- isting provisions as subsec. (b), and inserted subsec. (b) heading. Effective Date of 1994 Amendment Section 352 of title III of Pub. L. 103–465 provided that: ‘‘This subtitle [subtitle F (§§ 351, 352) of title III of Pub. L. 103–465, amending this section and sections 2532, 2544, 2571, and 2573 of this title and repealing provisions set out below] and the amendments made by this sub- title take effect on the date on which the WTO Agree- ment enters into force with respect to the United States [Jan. 1, 1995].’’ Effective Date Section 454 of Pub. L. 96–39, which provided that this subchapter was to take effect on Jan. 1, 1980, if the Agreement on Technical Barriers to Trade entered into force with respect to the United States by that date, was repealed by Pub. L. 103–465, title III, § 351(g), Dec. 8, 1994, 108 Stat. 4957.
