Question
State A and State B are both members of the WTO. State A, concerned that its nationals are being poisoned by chemical growth stimulants fed
State A and State B are both members of the WTO. State A, concerned that its nationals are being poisoned by chemical growth stimulants fed to livestock to make them grow faster and heavier, enacted legislation that forbids its livestock producers from using these stimulants and also forbids the sale of any meat from animals fed growth stimulants within its territory. The law also forbids the importation of any animal fed a growth stimulant or any product from such an animal. Additionally, the legislation requires importers of State A to certify that the animals have never been fed a growth stimulant.
The livestock producers in State B have been using growth stimulants for many years to grow larger animals at a lower cost, and they believe any possible health risk to consumers is insignificant. Because State B's livestock producers are no longer able to export their animals or the products from those animals to State A, they have asked their government to consult with State A. However, the consultation with State A proved unsuccessful. State B then asked their government to take action through the WTO on their behalf. WTO's Dispute Settlement Body appointed a Dispute Settlement Panel at State B's request. State B claims State A's legislation forbidding the importation of any animal fed a growth stimulant or any product from such an animal violates GATT 1994.
Question:
Discuss under GATT 1994, how should the WTO panel rule?
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