Regulation of Law No. 29811 on the Moratorium on the Entry and Production of Living Modified Organisms, Extended by Law No. 31111 (Supreme Decree No. 012-2023-MINAM)

Supreme Decree No. 012-2023-MINAM, published on December 29, 2023, approves the new Regulation of Law No. 29811 establishing a moratorium on the entry and production of living modified organisms (LMOs) in Peru, extended by Law No. 31111 until December 31, 2035. The regulation prevents the entry and production of LMOs intended for cultivation or breeding, including aquatic organisms, that may be released into the environment, subject to legally established exceptions. It governs border controls, surveillance and monitoring of LMOs, sampling and detection testing, biosafety measures, risk management, inspections and administrative sanctions. It establishes responsibilities for the Ministry of the Environment (MINAM), the Environmental Assessment and Enforcement Agency (OEFA), the National Agricultural Health Service (SENASA), the National Institute for Agricultural Innovation (INIA), the National Fisheries Health Agency (SANIPES), the customs and tax authority (SUNAT), and other competent institutions. It also provides for interinstitutional coordination, information exchange, early warning mechanisms, and scheduled and unscheduled surveillance to prevent the release or spread of LMOs into the environment. The regulation seeks to protect biological diversity and strengthen national biosafety capacities. It replaces the regulation approved by Supreme Decree No. 008-2012-MINAM, subject to the expressly retained provision, and repeals Supreme Decrees No. 010-2014-MINAM and No. 006-2016-MINAM. It does not impose a general prohibition on all products derived from LMOs and does not establish subsidies, credit facilities, commercial promotion or programs encouraging productive adoption of genetically modified organisms.