Executive Summary:
- On February 13, 2023, a decree was published establishing actions aimed at eliminating the use, sale, distribution, promotion and importation of glyphosate, agrochemicals containing it as an active ingredient, and genetically modified corn.
- Federal Public Administration agencies must refrain from acquiring, using, distributing, promoting and importing genetically modified corn, as well as glyphosate.
- Biosecurity authorities must also 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 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, in order to eliminate the use, sale, distribution, promotion and importation of glyphosate, agrochemicals that contain it as an active ingredient and genetically modified corn.
For the above reasons, 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 same sense, the Decree orders the biosecurity 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, in relation to the use of genetically modified corn for animal feed and the industry for human food, the deadline for prohibiting its use (January 31, 2024) is eliminated, until such time as a gradual substitution of said corn is made and there is sufficient supply.
In order to support the measures implemented, the authorities invoke the alleged harmful effects of glyphosate on human health, the environment and biodiversity, as well as on the human right to nutritious, sufficient and quality food and the protection of native corn, milpa, biocultural wealth, peasant communities and gastronomic heritage.
Finally, the Decree repeals the various "Decree establishing the actions to be carried out by the agencies and entities that make up the Federal Public Administration, within the scope of their powers, to gradually replace the use, acquisition, distribution, promotion and importation of the chemical substance called glyphosate and the agrochemicals used in our country that contain it as an active ingredient, with sustainable and culturally appropriate alternatives, which allow maintaining production and are safe for human health, the country's biocultural diversity and the environment" published in the Official Gazette of the Federation on December 31, 2021.
We consider that the Decree suffers from various constitutional defects that could lead to it being left without effect by the Judicial Branch of the Federation, if the corresponding means of defense are promoted against it.
