Without prejudice to the controls established in the Plant Protection Law, No. 7664, of April 8, 1997, permits to sow, reproduce, exchange, or multiply genetically modified organisms shall be granted by the MAG, through the competent body. To grant such permits and in cases where there is reasonable doubt, based on technical and scientific criteria, about the adverse effects that the transgenic material in the application may have on organic crops present in the area, the State shall request from the producer who has requested a permit to sow transgenics, the corresponding technical evidence to minimize the risk of such effects; this evidence shall be technically assessed for the granting of the permit. As input to establish the necessary technical criteria, the procedure for granting the permit must include a non-binding consultation, by the authorities that must resolve, with the individuals and organizations of organic producers registered with the MAG that have a presence in the area.
When organic production farms or those in transition to organic production are exposed to a threat of contamination with transgenic organisms, the MAG must define protection measures, such as adequate physical barriers, containment areas, and management plans, that protect and guarantee the integrity of the area; likewise, it shall oversee the application of such measures. In all cases, if contamination occurs, it must be documented in the farm records and the organic producer shall immediately communicate with the certifying agency. The products in such a situation must be identified and separated from the rest.
If unauthorized production of transgenics is confirmed in areas adjacent to or near organic production areas, MAG officials must immediately take the necessary measures to prevent the contamination of organic crops and the environment. For this, within the framework of due process, they must gather the evidentiary material for any eventual judicial proceedings. For these purposes, the MAG shall have the powers established in Article 42 of the Plant Protection Law, No. 7664, of April 8, 1997. In such cases, the MAG must conduct the corresponding studies, for the purpose of ruling out or determining the damages caused to organic production.
INCENTIVES