USTR argues that Mexico‘s instruction to gradually substitute GM corn used for other human consumption purposes and for animal feed (Substitution Instruction) violates the USMCA.

The Corn Decree 2023 instructs Mexican authorities to gradually replace GM corn used for animal feed and human consumption other than for nixtamalization or flour production.

This instruction to gradually replace GM corn used for other purposes of human consumption and for animal feed is reflected in the Maize Decree 2023 and in the Mexican legal regime governing the importation and sale of non-crop GM products.

Animal Feed

In USTR’s view, this measure appears to be inconsistent with the following provisions of the USMCA:

First, Article 9.6.3, because Mexico does not base its measure on relevant international standards, guidelines or recommendations, nor on an adequate risk assessment.

Secondly, Article 9.6. 6 (a), because Mexico does not ensure that its measure is applied only to the extent necessary to protect human, animal or plant life or health.

Also Article 9.6.6 (b), because Mexico fails to ensure that its measure is based on relevant scientific principles, taking into account relevant factors.

To the extent that Mexico has conducted a risk assessment, Article 9.6. 7 because Mexico did not conduct its risk assessment with respect to an SPS regulation in a manner that is documented and provides other Parties with an opportunity to comment.

To the extent that Mexico has conducted a risk assessment, Article 9.6.8 because Mexico has not ensured that each risk assessment it conducts is appropriate to the circumstances and takes into account relevant guidance from the WTO SPS Committee and relevant international standards, guidelines and recommendations.

Article 9.6.10, because Mexico did not select an SPS measure no more trade restrictive than required to achieve the level of protection that the Party has determined to be appropriate.

Article 2.11, because Mexico adopts or maintains a prohibition or restriction on the importation of a good of another Party.