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Agriculture and food production in Mexico: GM corn ban, biosafety permits, plant varieties and farm land shares

Argentina. For full detail on Argentina, go to The Argentine Thread.

Last verified: 2026-10-26 · Status: Changing

Agribusiness is open to foreign capital, but companies that own farm, livestock or forest land may issue at most 49 percent foreign held series T shares, and land holdings are subject to constitutional size limits. Since the constitutional reform of 17 March 2025, corn grown in Mexico must be free of transgenic modification, and any other use of GM corn must be assessed under biosafety law; releasing any GM organism into the environment needs a permit after a 20 business day public comment period. New plant varieties can be protected for 18 years (perennials) or 15 years (other species), which matters for seed, fruit and vine investors.

USD conversions use MXN 18.6638 per US dollar, the US Federal Reserve H.10 noon buying rate in New York for 23 October 2026 (FRED series DEXMXUS), the latest observation available when this page was verified. Legal conversions in Mexico use the Banxico FIX, which differs slightly. Conversions are for orientation only. Fines set in UMA use the 2026 daily UMA of MXN 117.31 published by INEGI in the DOF of 9 January 2026.

Key facts

GM corn cultivation allowed	No Constitución art. 4, reformed DOF 17 March 2025, as of 2026-10-26 · in force
Public comment period on GMO release permit applications	20 business daysLBOGM art. 33, as of 2026-10-26 · in force
Plant variety protection for perennial species	18 yearsLFVV art. 4, as of 2026-10-26 · in force
Plant variety protection for other species	15 yearsLFVV art. 4, as of 2026-10-26 · in force
Foreign ownership cap in series T shares of land holding companies	49 %LIE art. 7, section III, item r), as of 2026-10-26 · in force

The rule

1. GM corn. The Constitution states that Mexico is the center of origin and diversity of corn, that its cultivation in Mexico must be free of genetic modifications produced with techniques that overcome natural barriers of reproduction or recombination, such as transgenics, and that any other use of genetically modified corn must be assessed under the law to be free of threats to biosafety, health and Mexico's biocultural heritage. The State must promote rural development with native seeds and the milpa system, for land use free of GM corn crops.
Cost to do it: No fee; the rule bars an activity.
Example: A seed company cannot sell transgenic corn seed for planting in Mexico; non GM hybrid corn seed remains allowed. / No currency amount applies.Constitución Política, arts. 4 and 27 section XX, reformed DOF 17 March 2025, Art. 4, third paragraph; art. 27, section XX, 2025-03-17 official text · verified 2026-10-26 · changed: The reform of 17 March 2025 wrote the ban on planting GM corn into the Constitution.

2. GMO release permits. Experimental release, pilot program release and commercial release of genetically modified organisms into the environment, including imports for those purposes, each require a permit from the competent ministry. Applications are entered in the biosafety registry and published; anyone, including state governments, may submit technically supported opinions within 20 business days. The ministry may grant the permit with additional monitoring and safety measures, or deny it if requirements are not met, information is false or incomplete, or the risks would seriously harm health, biodiversity or animal, plant or aquaculture health. Deadlines may be extended when a prior health ministry authorization is needed.
Cost to do it: Permit duties are under the Ley Federal de Derechos; not restated here.
Example: A cotton seed developer applying for a pilot release permit must expect public comments for 20 business days after its application is published. / No currency threshold applies.Ley de Bioseguridad de Organismos Genéticamente Modificados, DOF 18 March 2005, last reform DOF 11 May 2022, Arts. 32 to 35, 2022-05-11 official text · verified 2026-10-26

3. Plant variety rights. Breeders of new plant varieties registered with the agriculture ministry obtain the exclusive temporary right to exploit the variety and its propagating material, directly or through licensees, for 18 years for perennial species (forest, fruit, vines and ornamentals, with their rootstocks) and 15 years for other species, counted from issue of the breeder's title.
Cost to do it: Title duties are under the Ley Federal de Derechos; not restated here.
Example: A berry company introducing a new blueberry variety in Jalisco can license it to growers for 18 years from the title date. / No currency threshold applies.Ley Federal de Variedades Vegetales, DOF 25 October 1996, last reform DOF 11 May 2022, Art. 4, section II, 2022-05-11 official text · verified 2026-10-26

4. Farm land owned by companies. Foreign investment may hold up to 49 percent of the series T shares of companies that own agricultural, livestock or forest land; the cap cannot be exceeded through trusts, agreements or pyramids. Companies holding rural land are also subject to the constitutional size limits on small property, covered on the real estate pages.
Cost to do it: No fee; structure the land holding company with series T shares from incorporation.
Example: A US avocado grower forms one Mexican company to own orchards (foreign holding at most 49 percent of series T shares) and a separate 100 percent owned company for packing and export. / No currency threshold applies.Ley de Inversión Extranjera, art. 7, section III, item r); Constitución Política, art. 27, section IV, LIE art. 7, section III, item r), 2024-05-27 official text · verified 2026-10-26

Worked example

An Argentine agribusiness group exporting seeds and agricultural inputs to Mexico can set up a 100 percent owned Mexican distributor and register its plant varieties for 15 years of protection, but cannot sell transgenic corn seed for planting. If it buys farm land, the land company's foreign held series T shares must stay at or below 49 percent. Tariff treatment of trade between the two countries is covered on the trade pages and, for the Argentine side, on The Argentine Thread.

Step by step

1. Separate land ownership (series T, 49 percent foreign cap) from operations and processing (open).
2. Check whether any product involves GM organisms; plan permit applications and public comment time.
3. Register new varieties to secure 15 or 18 years of exclusive rights.
4. Review land size limits and ejido rules before acquiring rural land.

Common traps

Importing GM corn seed for planting: barred by the Constitution since 17 March 2025.
Holding farm land in an operating company with more than 49 percent foreign series T shares (LIE art. 7).

Sources

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