The Canada Grains Council expressed support for the decision made by the Canada-United States-Mexico Agreement (CUSMA) dispute settlement panel, which sided with the U.S. in its challenge of Mexico’s ban on genetically modified (GM) corn imports.
The controversy began in February 2023, when Mexico enacted a ban on imports of genetically modified corn products, including dough and tortillas, and set plans to reduce the use of GM corn in animal feed and other food applications. The United States swiftly appealed the decision in August 2023, arguing that the ban lacked scientific merit and overlooked established evidence confirming the safety of genetically modified corn. The U.S. has been a key supplier of GM corn to Mexico, with annual imports worth approximately $3 billion, primarily for livestock feed.
Krista Thomas, Vice-President of Trade Policy and Seed Innovation at the Canada Grains Council, highlighted Canada’s role in the dispute as a third-party participant. This involvement allowed Canada to contribute written input and participate in specific aspects of the panel’s deliberations.
“We provided a substantial document of over a hundred pages, which focused on technical aspects of the law, while also showcasing examples where Canada applied international standards in risk assessments. We emphasized how these standards should be applicable to Mexico’s situation, especially as Mexico argued that it had unique circumstances justifying the ban,” Thomas explained.
The dispute resolution panel ultimately concluded that Mexico’s stance on the GM corn ban was not supported by scientific evidence and violated the market access provisions outlined in the CUSMA agreement. Thomas noted that such legal disputes over genetically modified crops have arisen periodically over the years, but science has consistently prevailed in each case.
“It was reassuring to see the panel prioritize scientific expertise in its decision, reinforcing that Mexico’s actions were unjustified,” she said. “While Canada doesn’t export corn to Mexico, this ruling strengthens future predictability for our canola exports and signals the importance of maintaining rule of law and adherence to consistent trade regulations.”
Although Mexico disagreed with the ruling, it has agreed to comply within 45 days. Failure to do so could result in further action from the U.S. Notably, the Mexican government, led by President Claudia Sheinbaum Pardo, has hinted at potential future actions, including a possible ban on the cultivation of GM corn within the country. However, Thomas does not foresee this impacting Canada’s trade relations with Mexico.
Thomas emphasized that the dispute resolution process showcased the shared interests of all parties involved in protecting their agricultural sectors. “Ultimately, we all share a common goal—to ensure the profitability of our farmers while maintaining sustainable practices,” she said. “This case is a reminder of the collaborative history of the three countries in addressing biotech issues. Moving forward, there is significant potential for constructive discussions on utilizing innovations like GM crops to enhance soil health and reduce greenhouse gas emissions.”
The ruling marks a significant moment in the ongoing dialogue between Canada, the U.S., and Mexico regarding the use of genetically modified organisms (GMOs) in agriculture. As the panel’s decision paves the way for greater regulatory clarity, industry leaders are hopeful that the dispute will serve as a catalyst for deeper cooperation on agricultural biotechnology.
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