Santamarina Steta

Decree on glyphosate and genetically modified corn

Executive Summary

  • On February 13, 2023, the decree was published. It establishes actions that seek to eliminate the use, sale, distribution, promotion, and import of glyphosate, agrochemicals that contain it as an active ingredient, and genetically modified corn.
  • The dependencies of the Federal Public Administration must refrain from acquiring, using, distributing, promoting, and importing genetically modified corn, as well as glyphosate.
  • Likewise, biosafety authorities must revoke and refrain from granting permits and authorizations related to genetically modified corn seeds and grains.

On February 13, 2023, the "Decree establishing various actions regarding glyphosate and genetically modified corn" (the "Decree") was published in the Official Gazette of the Federation, which entered into force on the day after its publication.

The Decree establishes the actions that must be carried out by the agencies and entities of the Federal Public Administration to eliminate the use, sale, distribution, promotion, and import of glyphosate, agrochemicals that contain it as an active ingredient, and genetically modified corn.

Therefore, the Federal Public Administration agencies are ordered to refrain from acquiring, using, distributing, promoting, and importing genetically modified corn, as well as glyphosate or agrochemicals that contain it as an active ingredient.

In this sense, the Decree orders the biosafety authorities to revoke and refrain from granting permits for the release into the environment of genetically modified corn seeds and authorizations for the use of genetically modified corn grain.

Likewise, regarding the use of genetically modified corn for animal feed and the industry for human food, the deadline to prohibit its use (January 31, 2024) is prohibited, until a gradual replacement of said corn is made and the supply is sufficient.

To support the measures implemented, the authorities invoke the alleged harmful effects of glyphosate on people's health, the environment, and biodiversity, as well as the human right to nutritious, sufficient, and quality food and the protection of native corn, of the milpa, of the biocultural wealth, of the peasant communities, and the gastronomic heritage.

Finally, through the Decree, the various "Decree establishing the actions that must be carried out by the agencies and entities that make up the Federal Public Administration, within the scope of its powers, to gradually replace the use, acquisition, distribution, promotion, and importation of the chemical substance called glyphosate and of the agrochemicals used in our country that contain it as an active ingredient, for sustainable and culturally appropriate alternatives, which allow production to be maintained and are safe for human health, the biocultural diversity of the country and the environment" published in the Official Gazette of the Federation on December 31, 2021.

We believe that the Decree suffers from various unconstitutionality defects that may lead to being rendered null and void by the Federal Judiciary if the corresponding means of defense is promoted against it.

Authors

Mariano Calderón

Partner

mcalderon@s-s.mx

Diego Vázquez

Associate

dvazquez@s-s.mx