São Paulo law on transgenic labeling is judged constitutional

By majority, the Plenary of the Federal Supreme Court (STF) dismissed the Direct Action of Unconstitutionality (ADI) 4619, filed by the National Confederation of Industry (CNI) against State Law 14.274/2010, of São Paulo, which provides for labeling. of transgenic products. The decision was made in the virtual session that ended on 9/10.

For the marketing of products intended for human or animal consumption or used in agriculture, the standard requires the presence of information on the existence of genetically modified organisms when this is equal to or greater than 1%. Current federal legislation on the subject imposes the same obligation for products with a transgenic index above 1%.

In the action, the CNI alleged that the rule creates parallel regulations that are explicitly contrary to current federal legislation and goes beyond the constitutional authorization to fill gaps and detail conduct (residual and complementary competence). According to the entity, the state law would have opened “its own and exclusive market” in São Paulo for the sale of transgenic products”.

Consumer defense

The majority of the Plenary followed the vote of the rapporteur, minister Rosa Weber, in the sense that the São Paulo law focuses on production and consumption, with content relating to the protection and defense of health, matters within the competence of the Union, the states and the Federal District , as provided for in the Federal Constitution (article 24, items V and XII). “State legislation is limited to prescribing obligations strictly related to consumer protection and defense, without interfering in properly commercial aspects”, she pointed out.

The minister also pointed out that there is nothing in the standard that represents a relaxation of the minimum safety conditions required in federal legislation for the obligation to provide information on the labels of products of transgenic origin. “On the contrary, what is happening is the implementation of criteria that are more protective and favorable to the consumer and the protection of the right to health”, she stressed.

Result

Ministers Edson Fachin, Ricardo Lewandowski, Marco Aurélio, Cármen Lúcia and Celso de Mello followed the rapporteur. Ministers Alexandre de Moraes, Luís Roberto Barroso, Luiz Fux and Gilmar Mendes voted for the full validity of the action, as they understood that the state standard established an additional obligation in the duty to label products and presents additional requirements that conflict with federal legislation on the subject. Minister Dias Toffoli voted to declare four articles of the law unconstitutional.