Inside Mexico's Ambitious Food Security Law

April 17, 2024, marked a turning point in Mexico's legislative approach to food security and citizens’ right to food, as the General Law on Adequate and Sustainable Food (LGAAS) was officially published in the Official Gazette of the Federation. After more than a decade of political debate, advocacy, and international influence, the law embodies Mexico's first comprehensive policy to ensure food access and sustainability, reflecting a dynamic shift in how the government intends to address food issues, hunger, and nutrition.

The LGAAS is not simply the product of recent political efforts but rather the culmination of a multi-faceted movement in Mexican law and policy, dating back to Mexico’s 2011 constitutional recognition of the right to food. This foundational principle, which acknowledges every citizen’s right to adequate and sustainable nutrition, was catalyzed by the Food and Agriculture Organization of the United Nations (FAO) in 2009 through the creation of the Parliamentary Front against Hunger (FPH). Formed in conjunction with legislators from Latin America and the Caribbean, the FPH sought to inspire legislative action on food security, pushing for laws that addressed hunger and food sustainability across the region.

Mexico's FPH chapter, formed shortly after this initiative in 2011, began working with civil society organizations, academics, and research institutions to define and advocate for a comprehensive regulatory framework to guarantee food as a human right. This coalition has since provided valuable input and technical expertise, informing the legislative process across different sessions of Congress and serving as a consistent voice for a policy that addresses the root causes of hunger and food insecurity.

The road to the LGAAS was paved with years of collaboration and consistent advocacy, with the FPH playing a critical role in bringing together voices from different sectors. Civil society organizations and academics contributed technical expertise, while legislators, including those from the executive branches, lent political support, thereby ensuring that the initiative was backed by a solid consensus. This broad support structure helped the LGAAS overcome previous legislative hurdles, marking it as a distinctive step forward in Mexico’s food policy.

This cross-sector approach to legislation meant that the law was grounded not only in political aspirations but also in the complex realities of the Mexican food system. In fact, one of the early milestones for the FPH was a 2012 forum on the right to food, which set the stage for deeper conversations about necessary transformations in Mexico’s food system. This forum pinpointed key areas of reform, including consumption, distribution, and food production. It also highlighted the pressing need to address gaps within public institutions responsible for food policies. These insights were reiterated on the global stage during the 2021 World Food Systems Summit, underscoring that comprehensive solutions for food security would require transformative policies at both the national and international levels.

The LGAAS, comprising 111 articles across nine titles, sets out an ambitious agenda for Mexico’s food system, targeting the country’s most critical food challenges. At the core of the legislation lies a commitment to strengthening three fundamental components of the national food system: food consumption, distribution, and production. The law aims to reconfigure these areas to foster equitable food access, fair market practices, and sustainable agriculture, promising a more resilient and transparent food supply chain.

• Consumption: The law addresses consumption by promoting nutritional education and healthier food choices, aiming to tackle high obesity and malnutrition rates in Mexico. These objectives align with existing public health initiatives, creating synergies across government programs.
• Distribution: To ensure that food reaches all sectors of society, especially marginalized communities, the LGAAS mandates policies that enhance food logistics and market fairness, addressing longstanding supply chain disparities.
• Production: The law advocates for sustainable agricultural practices, aiming to reduce environmental impact and promote local production. This not only supports small-scale farmers but also aligns with Mexico’s environmental goals by reducing reliance on imported goods and promoting local agriculture.

One of the LGAAS’s most innovative provisions is the establishment of the National Intersectoral System for Health, Food, Environment, and Competitiveness (SINSAMAC). The intersectoral approach embodied by SINSAMAC reflects an understanding that food security is intertwined with health, environmental stewardship, and economic competitiveness. This body, tasked with coordinating policy across these domains, represents a concrete attempt to break down the bureaucratic silos that often hinder comprehensive policy implementation.

SINSAMAC’s role includes creating cohesive policies that address the multifaceted challenges of food security while coordinating efforts across government ministries, non-governmental organizations, and industry stakeholders. This integrated system could serve as a model for other nations facing similar challenges, as it demonstrates the effectiveness of collaborative governance in tackling complex social issues.

The LGAAS calls for the creation of a National Food Policy, a guiding document designed to unify Mexico’s food security goals, establishing benchmarks for progress and laying the groundwork for future reforms. Additionally, the law outlines measures for responding to food emergencies, such as natural disasters or supply chain disruptions. In these cases, the LGAAS mandates swift, coordinated responses to mitigate the risk of food shortages, providing a safety net for vulnerable populations.

In recognition of the need for accountability, the LGAAS also includes provisions for sanctions against those who fail to uphold the law’s standards. These sanctions apply to both public and private entities, setting a precedent for transparency and responsibility in Mexico’s food system. Violations related to food production, distribution, and consumption that contravene the law’s objectives will now face legal consequences, a move intended to ensure that the legislative intent is translated into real-world practice.

How Mexico's LGAAS Law Aims to Transform National Nutrition

From its outset, the LGAAS underscores an interlinked approach to food policy, reinforcing the essential nature of food access as a human right that affects, and is affected by, the quality of health, the environment, water resources, and children’s welfare. Section II of Article 1 solidifies this, noting that food policies must prioritize these interconnected rights. By embedding this interdependence into the law, the LGAAS ensures that any state policy related to adequate nutrition recognizes food’s impact on well-being, the environment, and society’s future, particularly the needs of children.

This holistic view was a central driver behind the creation of the National Intersectoral System for Health, Food, Environment, and Competitiveness (SINSAMAC), a coordinating body aiming to harmonize actions across sectors. SINSAMAC’s role is to oversee sustainable policies and support food systems that respect human rights and health, moving Mexico closer to a balanced, sustainable food environment.

Under Article 2, the LGAAS introduces a comprehensive definition of adequate nutrition, noting that it is achieved through the “consumption of nutritious, sufficient, and quality foods.” This definition aligns with international conventions Mexico has signed and recognizes food as a cultural pillar. This provision means that nutrition must not only meet physiological needs but also respect and integrate cultural values, which can affect food preferences and practices.

The law goes further by setting out the core elements of the right to food in Article 3, emphasizing that it must be safeguarded individually and collectively. This distinction empowers individuals to demand respect for their right to food and allows for organized social participation to support collective access. Moreover, the law asserts that the right to food must not undermine other basic needs, cementing it as a cornerstone of a more equitable and balanced societal framework.

One of the most significant sections of the LGAAS is Article 4, which breaks down the elements of food accessibility. The article emphasizes three forms of food access—availability, physical access, and economic access—each serving as a key aspect of the broader right to food.

• Availability (Section II of Article 4): This concept of availability stipulates that individuals should be able to feed themselves directly, either by working the land or through sustainable biodiversity management, water access, and traditional knowledge. This right includes direct food production, empowering individuals and communities to create sustainable food sources through affordable, efficient means.
• Physical Access (Section III of Article 4): Physical access addresses geographical and infrastructural limitations, ensuring that all people can access food or resources to obtain it within a reasonable reach.
• Economic Access (Section IV of Article 4): In Mexico, where income disparities are pronounced, the notion of economic access holds particular significance. The law mandates a balance between individual or family income and food costs to avoid jeopardizing other basic needs. This economic access clause further reinforces the need for policies that boost wages and provide stable income sources, ensuring food affordability for all.

The law also addresses the concept of sustainability (Section VI of Article 4), requiring that food production practices be biodiversity-friendly, with a reduced environmental footprint. This sustainability provision underscores the importance of ecological health in food policy, stressing that Mexico’s resources should be protected to guarantee food access for future generations.

With Article 7, the LGAAS establishes the right to a basic standard of food security, mandating food access for all people at risk of hunger, malnutrition, or food shortages. This provision aligns with Mexico’s Sustainable Development Goals and targets the country’s high hunger rates, emphasizing that food is a fundamental right.

To support vulnerable groups further, the law directs the federal, state, and municipal governments to establish community kitchens, as laid out in Article 10. These kitchens will be a critical community resource, offering reliable access to nutritious food and supporting families in need.

The LGAAS places particular focus on children and expectant mothers, groups most susceptible to the impacts of food insecurity. Article 14 mandates the development of comprehensive nutrition policies that ensure these populations receive adequate food. Additionally, Article 16 guarantees that children in basic education have access to nutritious food, either free of charge or at subsidized rates, a critical reform for the nation’s public schools that have often lacked resources to meet these needs.

The emphasis on children’s nutrition continues in Article 18, which requires educational programs to include information on healthy eating, promoting local food consumption and production that align with agroecological practices.

As a part of its nutritional standards, the LGAAS calls for “regulatory food baskets” outlined in Articles 23 to 26, defining minimum requirements for food items that preserve health, including whole grains, legumes, fruits, vegetables, and sustainably sourced animal products. These standards not only aim to improve public health but also favor foods produced locally or seasonally, bolstering regional economies while reducing transportation-related emissions.

Local food production is further supported through Article 37, which requires public entities to source at least 15% of their food and raw materials from small and medium-sized producers. This provision strengthens sustainability efforts while giving local producers a significant foothold in the market.

To address potential food shortages or disruptions, Article 40 establishes a strategic reserve program of essential grains and seeds. By maintaining reserves, the government can ensure a stable food supply during emergencies, a forward-thinking measure in a world increasingly impacted by climate volatility and supply chain disruptions.

To bolster self-sufficiency, Articles 42 to 46 promote regional food production, prioritizing family and community farming with a focus on environmental sustainability and self-determination for small producers. Additionally, the law requires policies that consider gender equality and fair workload distribution, supporting women in farming communities and strengthening rural economies.

The LGAAS is an ambitious and forward-looking law, but its success will depend on effective implementation, cross-sector collaboration, and ongoing public support. It calls on federal, state, and local governments to take immediate, coordinated action to realize the law’s objectives, while inviting civil society, academics, and communities to hold authorities accountable. The law is a landmark in recognizing food as an essential human right—one that Mexico is now poised to protect and guarantee for all citizens.

In-text Citation: (Guzmán Flores, 2024, pp. 43-45)