Protection of Maize Under the Mexican Biosafety Law by Alicia Gutiérrez González

Author:Alicia Gutiérrez González
Language: eng
Format: epub
ISBN: 9781935603047
Publisher: University of Akron Press

1. Procedure

The Law envisages three permits for the release of GMO’s into the environment: (i) experimental, (ii) pilot program and (iii) commercial release. All permits must comply with both the requirements provided in the Law and in its Regulation.371The procedure with regard to approval of permits is quite similar. The procedure of authorization372 starts with a request to SAGARPA or SEMARNAT who grant the permits within the scope of their corresponding jurisdiction, including their import. When all requirements are completed, the information is send to the National Register of Biosafety on GMO’s373 for its notation and publication.

The requests374 must include the characteristics of the GMO to be released into the environment; the information concerning the area where such release will take place; the requirements contained in NOM’s; a risk assessment study must be enclosed which must address the possible risks the GMO may cause to biological diversity and to plant, animal and aquaculture health. Furthermore, the requests must also include biosafety measures, monitoring mechanisms and contingency measures with the aim to preserve biodiversity from the unintended release of GMO’s into the environment.

It is worth mentioning that GMO’s that are not allowed in their country of origin shall not be allowed in Mexico either.375 A very important consideration for the authorization of permits, for the release of GMO’s into the environment, is public opinion.376 This is a procedure where public participation is asked for. The public can give their opinion within 20 working days following the submission of the request for authorization. However, the public opinion should be technically and scientifically based.377

In the event of the release of GMO’s into the environment, SAGARPA or SEMARNAT will be in charge. Whereas SAGARPA378 analyses and evaluates all possible risks that activities carried out with GMO’s may cause to animal, plant, and aquaculture health SEMARNAT379 analyses and assesses the possible risks that activities carried out with GMO’s may cause to the environment and biological diversity. SAGARPA monitors the effects that accidental or permitted releases of GMO’s may cause to animal, plant, aquaculture health, and biological diversity.

Regarding monitoring380 SAGARPA must monitor the effects that accidental or permitted releases of GMO’s may cause to animal, plant, aquaculture health, and biological diversity, and SEMARNAT monitors381 the effects on the environment or biological diversity that may be caused by the accidental release of GMO’s.

Regarding authorizations of the release of GMO’s into the environment it is important worth mentioning that SAGARPA may authorize the release of GMO’S into the environment once it has obtained SEMARNAT’s favourable opinion. Likewise, SEMARNAT requires SAGARPA’s authorization in order to approve the release of GMO’s in forests. Both are empowered by the Biosafety Law to suspend382 or revoke permits for the release of GMO’s into the environment, in forests and for bioremediation. They monitor383 GMO’s within areas of their competence and apply measures to restore biological diversity. A decision taken by the SAGARPA or SEMARNAT is based on an analysis of the scientific studies conducted by the applicant and additional scientific considerations of the

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