There are no approved gene edited crops or prospects for approval in the near future. Currently, they fall under highly restrictive laws established for transgenic GMOs, similar to the European Union and New Zealand.
Mexico has not reported any biotechnology food or feed products approvals since May 2018. Herbicide-tolerant and insect-resistant cotton is the only GE crop currently planted in Mexico, and while production reached a record in 2018/2019, the lack of updated seed availability coupled with additional challenges in the sector reduced production since then by about 33 percent. Mexico has rejected or delayed all new permit applications for cultivation of genetically engineered cotton since 2019, citing the European-inspired precautionary principle.
GE regulation responsibility falls under the authority of Mexico’s National Science and Technology Council (CONACYT). CONACYT manages the National Biosafety Registry (NBR), and authorizes the consumption of GE products, and it manages permitting the planting of GE seeds. In 2021 the NBR was updated by a presidential decree which called for the phase-out of the herbicide glyphosate and the importation of GE corn for both human and animal consumption for feed by January 2024.
Also in 2021 Mexico’s health agency denied a permit for a new glyphosate-tolerant corn variety developed by Bayer/Monsanto. Around the same time, Mexico’s highest court upheld an injunction on the cultivation of genetically modified corn because it poses a credible threat to Mexico’s rich store of native corn biodiversity through uncontrolled cross-pollination. That injunction has been in place since 2013. The government has said that the GE corn would be replaced by sustainable and ‘culturally appropriate’ alternatives, although there is not enough domestic production to meet current demand, especially of feed corn.
Mexico’s announced intention to ban GE crops is complicated by the United States-Mexico-Canada Agreement (USMCA) entered into force on July 1, 2020 after several years of negotiations. Covered products encompass products created with newer genome editing and other genetic engineering techniques, which are identified in the text as including modern biotechnology used for the deliberate manipulation of an organism to introduce, remove, or modify one or more heritable characteristics of a product for agriculture and aquaculture use and that are not technologies used in traditional breeding and selection.”
The article defines “modern biotechnology” as “the application of: (a) in vitro nucleic acid techniques, including recombinant DNA and direct injection of nucleic acid into cells or organelles; or (b) fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombination barriers and that are not techniques used in traditional breeding and selection. The agreement does not require a party to mandate an authorization for a product of agricultural biotechnology to be on the market.
To succeed in an enforcement action against Mexico under this article, the U.S. would need to establish a specific obligation that Mexico failed to carry out or show that a benefit it could reasonably have expected to receive under the USMCA was “nullified or impaired” by Mexico’s actions. In December 2022, the Mexican government showed signs of backtracking on the ban decree to allow GE corn to be purchased for feed after backlash by the US government citing USMCA. No progress is being made on research or approvals of gene-edited products.
Products/Research
There are no gene edited crops in development.
Regulatory Timeline
2020: United States-Mexico-Canada Agreement (USMCA) entered into force on July 1, which has provisions on ‘Agricultural Biotechnology’.
2016: The Mexican state of Yucatan declares itself a “GMO” free zone, including all genetically engineered crops and products. The Decree was issued without the SAGARPA endorsement and is challenged by the Federal Government.
2013: Planting genetically modified maize in Mexico prohibited, pending the outcome of a lawsuit.
2012: SAGARPA and SEMARNAT publish the Agreement to Determine the Centers of Origin and Centers of Genetic Diversity of Corn in Mexico. This Agreement restricts the storage and movement of GE corn and includes a map delineating areas where the use of GE corn seed is forbidden.
2005: Mexican Biosafety Law is passed, which regulates the research, production, and marketing of biotech-derived products.
2002: Mexican Senate ratifies Cartagena Protocol on Biosafety (CPB), which obligates Mexico to pass domestic legislation harmonizing its domestic laws with international obligations. This led to the passing of the Mexican Biosafety Law in 2005.
NGO Reaction
NGOs are active detractors of biotechnology in Mexico. In addition, many consumers have concerns about the integrity of Mexico’s native corn species because corn is a symbol of heritage.
Additional Resources
- Library of Congress summary of Mexico gene regulations includes detailed analysis of the country’s evolving biosafety laws and liabilities
- USDA Biotechnology Annual 2021: Mexico
Updated: 03/06/2023
