3.131.  Procedures for preparing sanitary and phytosanitary (SPS) measures are stipulated in the 2020 LIC, which repealed the 1992 Federal Law on Metrology and Standardization, as well as specific laws on the subject. Some of these laws were amended during the review period, for example, the Federal Law on Plant Health, the Federal Law on Animal Health and the Law on Health. However, as in the case of the LIC[266], some of the regulations necessary for the implementation of the amendments have not been updated (Table 3.19). The regulatory authorities publish lists of the products subject to animal health requirements, as well as the different requirements, on their websites. The legal basis for these lists are Decisions ("modules"), which are modified to take into account changes in the plant and animal health situation

3.132.  The bodies responsible for drafting and implementing SPS measures remain the same as in 2017 (Table 3.20). The Directorate‑General of Standards of the SE is the national enquiry point designated by Mexico in the framework of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).[267] The national agricultural health, safety and quality policy seeks to maintain and improve agri‑food health and safety conditions, through surveillance systems to reduce the risk of pests being introduced, epidemics and contamination, by controlling and eradicating existing ones, and by adopting good practices in the production and primary processing of products

3.133.  In Mexico, SPS measures are established by means of a NOM. The procedure for preparing NOMs on plant and animal health, fisheries, biosafety and agri‑food safety matters is the same as that used for other NOMs. The objective of these is to prevent, control and combat pests and diseases that affect plant, animal, aquaculture and fishery species. Each unit prepares the preliminary drafts; and the respective subcommittees (which comprise the National Advisory Committee on Agri‑food Standardization (CCNNA) of SADER or the National Advisory Committee on Environmental and Natural Resource Standardization (COMANART) of SERMANAT) carry out the relevant reviews and amendments, respond to comments and approve draft NOMs and, if it is deemed necessary, submit them for consideration to the CCNNA or COMANART. Interested parties may also submit proposals for preliminary drafts of NOMs. In these cases, the CCNNA carries out the appropriate evaluation and submits the preliminary draft for consideration to the subcommittee. The NOMs are reviewed every five years or earlier, in order to update them in line with scientific and technological developments and animal health campaigns. In urgent cases, an emergency NOM can be prepared directly without the need for a preliminary draft or a draft. Emergency NOMs are valid for six months and may be renewed for a further six months

3.134.  According to the authorities, plant and animal health requirements are based on scientific principles and/or international recommendations[268] and, as appropriate, on a risk analysis based on the phytosanitary and/or animal health situation in the geographical areas concerned, as well as of adjoining areas and areas with which there are trade flows

3.135.  In Mexico, phytosanitary, animal health and aquacultural health requirements for imports are published in Decisions and/or NOMs, through the Phytosanitary Requirements Module, the Animal Health Requirements Module and the Aquacultural Health Requirements Module.[269] The requirements for the import of phytosanitary, animal health and aquaculture and fishery goods are available online under the three aforementioned SENASICA Modules.[270] These Modules consist of a catalogue of documents, called phytosanitary, animal health and aquaculture and fisheries requirement sheets, drawn up to prevent the entry of animal, plant and aquaculture and fishery diseases and pests into Mexico.[271] In the event of a plant or animal health emergency that poses a risk to plant or animal health in the country, SENASICA updates or modifies the risk mitigation measures under the relevant Module, which enter into force immediately. In addition, in the event of an animal health emergency, the National Animal Health Emergency Mechanism (DINESA), which tackles diseases and coordinates those involved in order to avoid further damage to livestock and, as the case may be, to public health.[272] Goods subject to phytosanitary or animal health requirements must also come from authorized countries that have sanitary services recognized by SADER.[273]

3.136.  In 2021, Mexico had 74 NOMs relating to animal and plant health in force, 29 of which concerned animal health and aquaculture, 32 plant health, 9 agri‑food safety and 4 forest health.[274] Between 2017 and 2021, Mexico notified 91 (regular) SPS measures to the WTO, of which none were urgent. Products included rice and various fresh fruits, grains, plants and seeds. Mexico also notified amendments to 64 SPS measures that had already been notified. In the same period, six specific trade concerns on measures adopted by Mexico, affecting imports of chilies, shrimps, pork products/swine meat (two instances), hibiscus flowers and casein products were submitted to the SPS Committee.[275]

3.137.  At the point of entry into the country, before customs clearance, importers of agricultural, vegetable, aquaculture and fishery products must demonstrate to the DGIF of SENASICA, or in the case of forestry products the Federal Environmental Protection Agency (PROFEPA) SERMANAT, that the imported goods comply with the requirements indicated under the corresponding Modules.[276] Where import requirements for products of animal or plant origin are not specified in the Modules on animal health or plant health import requirements, or in the case of aquaculture or fishery goods, are not specified in a NOM or in a Decision, SENASICA must be contacted, or, in the case of forestry products, SEMARNAT.[277] To verify compliance with the requirements, a documentary inspection (through the VUCEM) and physical inspection are carried out. Despite the fact that the document review is digital, importers must submit the original documents when the physical inspection is carried out.[278] If the requirements are met, the competent authority issues the relevant verification certificate or record. The interested party may request that this be sent electronically (Table 3.21). In the event of a pest or disease that threatens the health of plants, animals or aquaculture and fishery species, import sanitary certificates may be rescinded and the necessary safety measures will be taken

3.138.  For products that do not require a prior import permit, a sanitary certificate issued by the competent authority in the country of origin must be submitted and the Ministry of Health (SSA) must be notified of the entry and destination of the goods

3.139.  Most goods subject to sanitary regulations also require non‑automatic import licences (prior permits) (Section 3.1.6). Thus, compliance with the phytosanitary and animal health requirements does not exempt the importer from the obligation to obtain the permits required by other Ministries

3.140.  The Interministerial Commission on Biosafety and Genetically Modified Organisms (CIBIOGEM) is responsible for establishing policies on biotechnology safety and the safe use of GMOs.[279] These activities are regulated by the Law on Biosafety of GMOs and its implementing regulations. The importation of GMOs for experimental release into the environment, for pilot programmes or for commercial use, requires a permit issued by SADER and SEMARNAT, after a risk analysis has been conducted (Article 66 of the Law on Biosafety of GMOs). Subsequent imports do not require new permits, provided they concern the same GMO and the same area of release into the environment (Article 58 of the Law on Biosafety of GMOs)

3.141.  The marketing, importing and processing of GMOs intended for human use or consumption require authorization from COFEPRIS of the SSA. This Commission carries out a risk assessment, in accordance with scientific protocols, to determine the safety of GMOs and their products for human consumption. GMOs or products containing GMOs, which are intended for direct human consumption, must bear an explicit reference to GMOs and the label must include their food composition or nutritional properties, where these differ significantly from conventional products. SADER issues NOMs specifying labelling for seeds or other material intended for sowing, cultivation and agricultural production, containing GMOs (Article 101 of the Law on Biosafety of Genetically Modified Organisms)

3.142.  In order to ensure safety in food production processes, Mexico uses NOMs and NMXs that refer to various tools, such as the Hazard Analysis and Critical Control Points (HACCP) system, which specify the minimum requirements for good hygiene practices that must be observed in the production process for foods, beverages or food supplements and their raw materials in order to avoid contamination throughout the process