Significant changes in glyphosate and genetically modified corn mexican regulation

13 July 2023

On February 13, 2023, a decree was published in the Federal Official Gazette that brings with it a series of significant modifications and measures related to the use and distribution of glyphosate and genetically modified corn (hereinafter the “Decree”).

In essence, the Decree demands that all organs and entities of the Federal Public Administration must take proactive measures to eradicate the acquisition, application, distribution, promotion and importation of both glyphosate and genetically modified corn. This regulation also extends to agrochemical products that include glyphosate in their composition.

By virtue of the foregoing, the Federal Government has instructed its agencies and entities of the Federal Public Administration to stop the purchase, use, distribution, promotion, and importation of genetically modified corn. In addition, biosafety authorities are instructed to suspend and refrain from granting licenses for the release of genetically modified corn seeds into the environment, as well as from authorizing the use of such seeds.

Implemented Measures

Regarding the use of genetically modified corn for animal feed and the human food industry, no fixed date has been established for its prohibition, which will be applied as soon as a sufficient supply of non-genetically modified corn can be guaranteed and a partial transition to non-genetically modified corn has been carried out. Derived from this, the Decree left without effect a previous decree published on December 31, 2021, which precisely prohibited the use of genetically modified corn until a gradual substitution of genetically modified corn is carried out and it is proven that there is a sufficient level for its supply.

The measures referred to in the Decree are due to the fact that glyphosate can have harmful effects not only on human health, but also on animals that ingest it, as well as on the environment. Having said this, the Government justifies its actions and the publication of the Decree by claiming that it seeks to comply with its commitment to ensure the right to adequate and quality food and health, the protection of the environment, as well as the protection of native corn and rural communities.

Conclusions

With the entry into force of the Decree, the previous decree published on December 31, 2021, which sought a gradual transition to alternatives to glyphosate, is annulled. However, it is important to note that, as has happened with legal provisions published by the Public Administration of this six-year term, the Decree referred to could be subject to dispute.

In light of the above, in Bravo Abogados we would be happy to answer any question you may have regarding this legal alert.

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