Agriculture and Ranching Articles

April 22, 2021

U.S. Agricultural Producers Address Concern as to Declining Trade with Mexico

By Fernando Schoeneck

On March 22, 2021, twenty-seven of the leading associations of agricultural producers in the United States, including the American Farm Bureau Federation, the American Feed Industry Association and the American Seed Trade Associationsent a letter to the U.S. Department of Agriculture Secretary, Thomas Vilsack and the U.S. Trade Representative, Katherine Tai, addressing their concerns as to the declining U.S.-Mexico food and agricultural trade relationship, urgently requesting their attention to this critical issue.  Below is a selection of leading concerns in such trade relationship as highlighted in the letter: 1.         Glyphosate/GM Corn Ban.  The Mexican Presidential decree published in the Official Journal of the Federation on December 31, 2020 (the “Decree”) states the intent and course of action to be taken … read more

April 19, 2021

Decree Amending and Supplementing Article 90 of the Mexican Federal Labor Law

By Pablo Sáenz and Fernanda Magallanes

A Decree published in the Official Journal of the Federation on March 30, 2021, amends and supplements Article 90 to the Mexican Federal Labor Law. The main purpose of this amendment is to guarantee that the yearly review of the minimum wage, is set at a level above the inflation rate. With such change, the minimum wage will never be lower than the inflation rate during its established term, or in other words, during the year for which the minimum wage was set. The amendment’s purpose is to adjust the minimum wage to actual costs of basic goods and services based on sustained and generalized increases in costs reflected in the National Consumer Price Index. Such inflationary increase causes a … read more

February 22, 2021

Mexico Publishes Actions for the Gradual Reduction of Glyphosate and Transgenic Corn

By Fernando Schoeneck

On December 31, 2020 the Mexican government published a decree in the Official Journal of the Federation detailing the actions to be carried out by Federal Public Administration agencies and entities to gradually replace the use, acquisition, distribution, promotion and importation of glyphosate and the agrochemicals used as an active ingredient in Mexico, with sustainable and culturally appropriate alternatives which allow for adequate production that is safe for human health, the biocultural health of the country and the environment (the “Decree”). Such Decree sets forth a transition period to achieve the total replacement of glyphosate, which period began on January 1, 2021 and will end on January 31, 2024. To reduce the impact of the gradual substitution of the use … read more

May 10, 2014

Investing in Real Property with a History of Having Been Communal Property (“Ejido”)

By Jorge Ojeda and Marimar Pérez Cacheaux

 Multiple hotel developments, golf clubs, industrial plants and a whole range of investments in Mexico have been and continue to be developed on tracts of real property which, at one time or another, were communal properties (“ejidos”). One often hears stories of investors who were fooled into believing that they were purchasing private property, when in fact they were being offered to purchase ejido land, which caused many “headaches” for such investors.   The regime of land of communal origin presents various peculiar features, which must be understood. The Agrarian Law (Law) classifies communal properties as real property for communal use, real property for human settlements and real property that is divided into parcels. In principal, only parceled real property … read more

May 14, 2008

Mexico Enacts Decree Amending Article 80 of the Agrarian Law

On April 17, 2008 Mexico published a Decree amending article 80 of the Agrarian Law (Ley Agraria). Such amendment, although seeking to provide greater predictability, actually adds a slight complication to the procedure for transferring communal property (Ejido) rights between ejido community members (ejidatarios). New aspects of the amendment include: (i) consent for the assignment must be ratified before a notary public; (ii) spouses, common law spouses and children must be notified in writing of transfers of ejido rights and any waiver of first refusal rights by spouses, common law partners and children must be in writing and registered in the National Agrarian Registry (Registro Agrario Nacional); and (iii) a requirement to give notice to the ejido commission of any … read more