Seed Counterfeiting: Costs and Dangers to Consider

Q: What is AMSAC’s value to the Mexican agricultural ecosystem, farmers, government, and researchers to improve production?

A: AMSAC is a 53-year-old non-profit representing 90 companies that provide improved seeds for a diverse range of crops, from vegetables and grains to forage and ornamental plants. Our role is to be the industry’s voice and act as the first link in the food production chain, essential for plant-based foods and the animal protein that depends on forage.

Through genetic improvement programs, we incorporate valuable traits directly into seeds. This enables us to create products with specific consumer benefits, such as gluten-free wheat; provide farmers with pest-resistant crops that reduce the need for chemical pesticides; and develop produce with a longer shelf life, thereby minimizing food waste.

These technological advances are vital for efficiently and sustainably feeding a growing global population, projected to reach 150 million in Mexico by 2050, with limited resources. Our contribution to the agricultural ecosystem is providing this strategic input, using science and technology responsibly to make the entire food production process more efficient.

Q: How do AMSAC’s activities complement or create synergies with those of other organizations in the food industry?

A: As members of the National Agricultural Council (CNA), we interact with diverse organizations representing dairy producers, berry growers, avocados, and various vegetable producers. CNA is a key platform for fostering alliances and working jointly on issues affecting the entire value chain, such as aligning our sectoral positions on public policy or for the upcoming USMCA review in 2026. Beyond this, we forge strategic alliances with specific groups, like the Mexican Association of Protected Horticulture for Horticulture (AMHPAC).

This collaboration is vital because our industries are interconnected. For example, we support tomato producers in current US trade disputes, which include the tariff agreement for Mexican tomatoes, because any negative impact on them also affects us as their seed suppliers. We offer our positions and act as a support system for the organizations leading these issues directly. This support is reciprocal; when we lead on an issue specific to the seed sector, these allied organizations provide backing, as we share many common agenda items with various groups.

My role as Vice President of Health and Safety at CNA facilitates these interactions across the agri-food spectrum, including fisheries and aquaculture. This broad engagement enables us to collaborate on matters specific to the seed sector or to support our partners’ priorities, acknowledging that we are all connected.

Q: How advanced is Mexico in terms of techniques and technology to produce modified seeds compared to other countries? 

A: Mexico has excellent programs for improved seed production. We are practically self-sufficient in corn seed, for example, with over 80% of the seed used for food production in Mexico being produced here. We develop seeds specifically adapted for Mexico's diverse conditions, from the tropics of Chiapas to the climate of Sonora. We also have a network of approximately 50 experimental stations and research centers for vegetables, distributed throughout the country.

These centers are part of a global seed production network. A seed variety might begin its development in Sinaloa, undergo further improvement in China, be multiplied in the Netherlands, receive treatment and packaging in the United States, and then return to Mexico for commercial use. This global integration gives us access to the best available genetics in the world, which is why we are so successful in exporting a wide variety of products, like tomatoes.

However, a major area of opportunity for our seed production programs is the adoption of new genetic improvement techniques that are not yet used commercially in Mexico but are already in use elsewhere, like gene editing techniques, which allow for the development of seeds with desired traits much faster, more economically, and with greater precision. This includes building in pest resistance to reduce the need for chemical pesticides, extending the shelf life of produce to reduce food waste, or enhancing nutritional characteristics. 

The capacity to use these techniques exists in Mexico; research institutions like CINVESTAV, CICY, and UNAM are already using them on an experimental basis. The reason they are not used commercially is that Mexico lacks a specific legal and regulatory framework that permits them. It is important to distinguish these techniques from GMO technology, which is treated differently and is already regulated or, in some cases, prohibited in Mexico. We are talking about editing a specific characteristic within the plant's genome.

We need to update our legal framework to use these techniques, which are already available in countries like Argentina, Brazil, Chile, the United States, and Canada. This delay puts us at a competitive disadvantage and could eventually make us dependent on importing technology we could develop ourselves. The situation is currently in a legal gray area; it is neither explicitly prohibited nor clearly permitted. Therefore, we are actively working with the government to define a legal framework that provides certainty for the government and industry investment, ensuring that innovations can safely and effectively reach the market.

Q: What are the most damaging impacts of seed counterfeiting and theft in Mexico, and what factors contribute to their use?

A: We estimate that the use of illegal or counterfeit seeds has an economic impact of US$1.7 billion, which represents 10% of the value of Mexico's seed market. In many cases, the primary reason some farmers turn to counterfeit seeds is the lower price. Unfortunately, the decision is often based on cost without full information, because we believe no one, if fully informed of the risks, would consciously make that choice.

Our priority is to inform people about the serious problems that counterfeit or stolen seeds can cause for farmers. These products likely did not meet necessary quality and sanitation standards. For instance, instead of an expected 95% germination rate, the farmer could obtain rates below 20%, leading to extremely low yields or even total crop failure. It can also introduce pests into the soil, such as nematodes, a common plague in potato seeds, which can contaminate land for many years, rendering it unusable for future cultivation. Furthermore, farmers could even face legal sanctions for using an illegal product, sometimes even if purchased unknowingly.

Q: What is AMSAC doing to prevent the use of pirate and stolen seeds? 

Our focus is on a communication campaign executed through our 90-member companies. We leverage their extensive networks of field staff, distributors, and advisors to educate farmers about these risks, to help them avoid being deceived by counterfeit or stolen seeds. We advise them to always buy from known, formal establishments and avoid suspicious offers, such as unusually cheap seeds sold informally.

We are also collaborating with the government, which is reinforcing this message. Our joint actions extend beyond communication; we work with them to ensure that when we can document and report cases of counterfeiting or theft, the competent authorities will act. This involves regulatory bodies, in particular, the Ministry of Agriculture (SADER) and the National Seed Inspection and Certification Service (SNICS), as well as security forces such as the National Guard and the Ministry of Security (SSPC). We work with these security forces to address more serious cases involving robbery, violence, or the hijacking of entire seed trucks, seeking their crucial support.

Q: What are the main characteristics farmers must look for when acquiring certified seeds?

A: Legal seeds comply with everything stipulated in Mexico's Law of Production and Commerce of Seeds. This law establishes specific characteristics for sanitary quality, ensuring the seed is pest-free; genetic quality, ensuring you receive the exact variety you are buying; and physiological quality, ensuring the seed meets minimum vigor and germination percentage standards. These parameters must be fulfilled and certified. 

Mexico has a two-tiered system. First, there is self-certification, where the company declares on the label that the seed meets these characteristics. Second, there is government certification through SNICS, which issues quality certificates and provides secure labels with features like holograms and watermarks to prevent falsification. Under Mexican law, government certification is not mandatory, and a company can go to market with its self-certification. However, we encourage AMSAC members to also obtain government certification, as it provides an additional layer of assurance.

In practice, distinguishing a legal seed from a counterfeit one involves verifying that labels are original and, crucially, purchasing seeds only from formal, legally established businesses authorized by seed companies or the government, ensuring you get proper documentation like an invoice. A farmer could even conduct their germination tests for added certainty.

Q: Are crops grown from counterfeit seeds eligible for export?

A: The short answer is “absolutely not.” However, the issue is more complex. First, there is no way to link a final product back to the legality of its original seed, so the product itself would not be directly blocked from export on that basis.

The practical barrier, however, is quality. The most probable outcome, if the farmer gets any yield from a counterfeit seed, is a poor-quality product, which would not meet the strict standards required by international markets like the United States or Europe. It would be very difficult for a low-quality product to fulfill the international market’s needs.

Q: What are AMSAC’s goals within the next year, and how do they align with the government’s goal to achieve self-sufficiency in food production?

A: We want to ensure Mexico has a legislative and regulatory framework that is aligned with the current needs of the sector. We are working to establish appropriate regulations for new genetic improvement techniques so that we can leverage them here in Mexico and not fall behind other countries. We are also focused on updating the Federal Law on Plant Varieties, which is 25 years old and not harmonized with international principles like the UPOV 91 convention. Legal certainty is a priority for us because our sector makes long-term investments in genetic improvement programs that can take from 5 to 20 years to yield a return.

Our work also aligns with the national goal of food self-sufficiency. This is especially important as private research must often fill the gap left by reduced public R&D investment. For example, 80% of the rice consumed in Mexico is imported, largely due to a lack of domestic seed R&D. For this and other crops where we are import-dependent, like beans, soy, and yellow corn, developing competitive, locally adapted seed varieties is a key factor in reducing that reliance.

Of course, improved seed is not the only factor. A successful food system also requires financing, technology packages, and the organization of many small-scale producers. While native seeds are valuable and must be conserved, improved seeds are necessary to achieve the high yields required to feed a growing population amid challenges like drought and pests.

As a concrete example, we are participating in a government program to increase corn production in southern Mexico. The program is called Cosechando Soberanía (Harvesting Sovereignty) and provides farmers in targeted municipalities with a complete package that includes improved hybrid seeds, financing, technical assistance, and a guaranteed market with major grain consumers like GRUMA or MASECA. Our member companies participate by providing hybrid corn seeds that help these farmers increase their yields and competitiveness.

The Mexican Association of Seeds (AMSAC) is a civil association with over 50 years of experience promoting the production and use of improved seeds and plant breeding innovation in Mexico. AMSAC represents 85% of the improved seed market. Its membership includes 90 national and international companies involved in seed production, research, commercialization, and related services.