The Second Chamber of the Constitutional Court (TC in Spanish) ordered the National Agrarian Health Service (Senasa) to temporarily suspend the sale, distribution, and use of phytosanitary products containing active substances such as chlorpyrifos, methomyl, glyphosate, imidacloprid, and clothianidin, intended for the production of food for internal consumption.
In the ruling (Exp. No. 03269-2023-PA/TC), it also declares the existence of an unconstitutional state of affairs, concluding that the state response to the health and environmental risks generated by these products is structurally insufficient to guaranty the safety of plant-based foods.
The decision was made after declaring the amparo lawsuit filed by the Apurimeña Association of Consumers and Users (AACU in Spanish) and other organizations to be well-founded, as it was proven that there was a violation of fundamental rights to health, life, integrity, the enjoyment of a balanced and adequate environment, and consumer protection, due to insufficient state oversight and regulation of the use of certain pesticides in the production of food intended for domestic consumption.
Likewise, it ordered Senasa, with the participation of the Ministry of Agrarian Development and Irrigation (MIDAGRI in Spanish), the Ministry of Health, and other competent entities, to carry out a comprehensive reevaluation of these substances within a period of 90 business days, considering the available scientific evidence, toxicological information, regulatory experience, and findings on pesticide residues in food.
He also ordered that, within a period of 180 business days, Senasa, Midagri, the Ministry of Health, the Presidency of the Council of Ministers, and local governments develop and implement an inter-institutional plan to strengthen food safety, which includes the reinforcement of supervision and inspection, health response protocols, access to specialized laboratories, and mechanisms for publicizing monitoring results.
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