• Leave unapplied two articles of health law for unconstitutional

A federal court points out that there is a risk of propagation of 63 quaternary varieties

CITY OF MEXICO (04 / AUG / 2017) .- A federal court ordered the Ministry of Agriculture, Livestock, Rural Development, Fisheries and Food (SAGARPA) to prevent the entry of fresh potatoes from the United States as a latent risk to Biodiversity and the potential risk of propagation of 63 quarantine pests to the detriment of the Mexican countryside.

In addition, the court's mandate includes leaving two articles of the Regulation of the Federal Plant Protection Act unenforceable because they are unconstitutional.

In resolving the amparo 586/2016, the judicial authority determined that the responsible authorities have acted with omission to breach the sentence previously issued by this body in a collective amparo, which prohibited the entry of fresh potatoes from the neighboring country of the north , As it constitutes a latent risk to biodiversity and soil contamination due to the probable propagation of at least 63 quarantine pests contained in the tuber.

The Federal Judicial Council underlined in bulletin that more than a year after the issuance of the first sentence, the measures implemented as phytosanitary barriers both in the Regulation of the Federal Plant Protection Law and in Systems Approach Theory do not mitigate Risk and are contrary to the risk analysis carried out by the scientific body of the SAGARPA, the National Consultative Phytosanitary Council (Conafi).

Although previously producers in the northern area of ​​Sinaloa promoted collective protection, the judge corroborated that the authorities acted with full knowledge that the Regulation of the Federal Plant Protection Law contains the same provisions as previously described as unconstitutional, and that Resulted in the repeal of the Mitigation Agreement for being totally inoperative against the dispersion of said pests on March 19, 2014.