Transgenic Maize MON 87403: The EU Revokes Its Authorization and Forces Action

Key data

Importers, manufacturers and distributors of food and feed that use transgenic maize MON 87403 have an immediate obligation: to stop placing on the market any product that contains it, consists of it or is produced from it. Implementing Decision (EU) 2026/738, published on 31 March 2026 and effective from 27 March, revokes the authorization that the Commission itself had granted in 2019 through Implementing Decision (EU) 2019/1307.

This is not a future restriction or an announced transitional period: the revocation is already in force. Any company that continues to distribute or manufacture with this ingredient has been operating outside the European legal framework since that date.

What does this regulation establish?

Decision 2026/738 fully revokes the marketing authorization for genetically modified maize MON 87403 in the European Union market. The prohibition covers three categories of products:

• Products that contain maize MON 87403
• Products that consist of maize MON 87403
• Products produced from maize MON 87403

The scope is twofold: it affects both food for human consumption and animal feed. There are no exceptions by product type or volume of use.

The regulation expressly repeals Implementing Decision (EU) 2019/1307, which was the legal instrument that had authorized the marketing of this transgenic maize seven years ago. The comparison between both regulations is straightforward:

The direct implications of the revocation include obligations regarding labelling, traceability and stock control. Companies must not only cease commercialization: they must be able to demonstrate that they have acted in accordance with the regulation.

Economic and operational impact

The impact is not only regulatory: it has direct consequences on the operations and costs of affected companies.

The main areas of cost and operational impact are:

• Supply chain review: Identifying which suppliers, ingredients or raw materials incorporate maize MON 87403 requires internal auditing and communication with suppliers.
• Stock management: Current stocks of products containing this ingredient cannot continue to be marketed. This may result in direct losses from immobilized products or those that must be withdrawn.
• Labelling and traceability updates: Traceability systems must reflect the absence of this ingredient. Product labelling must be reviewed if it referenced this maize or if new substitute ingredients require new declarations.
• Search for authorized alternatives: The animal feed sector and the agri-food industry that depended on imports of transgenic maize MON 87403 must identify alternative varieties with current authorization in the EU, which may involve supplier changes and contract renegotiation.
• Risk of penalties: Non-compliance may result in administrative penalties and the withdrawal of products from the European market, with the associated reputational and economic costs.

Who is affected?

Decision 2026/738 directly affects all companies operating in the value chain of products incorporating maize MON 87403:

• Importers of transgenic maize MON 87403 or derived products from third countries
• Food manufacturers for human consumption that use this maize as an ingredient or raw material
• Feed manufacturers for animals that incorporate maize MON 87403 in their formulations
• Distributors that have products with this ingredient in their catalogue or warehouses
• Companies in the agri-food sector dependent on transgenic maize imports that must reformulate products or change suppliers

Practical example

A compound feed manufacturer for pigs that uses transgenic maize MON 87403 as an energy component in its standard formulation faces the following situation from 27 March 2026:

• It cannot continue to market batches of feed already manufactured that contain MON 87403, even if they were produced before the revocation entered into force.
• It must review all its supply contracts with maize suppliers to identify whether the source is MON 87403 and replace them with varieties with current authorization in the EU.
• It must update its traceability system to certify that new batches do not incorporate this transgenic maize.
• If an inspection detects a product with MON 87403 on the market after 27 March, the company is exposed to administrative penalties and the forced withdrawal of the product from the European market.

The same scenario applies to an importer of processed foods from countries where MON 87403 remains authorized: they must verify the composition of each product before introducing it into the EU market.

What should companies do now?

1. Audit the supply chain immediately: Identify all ingredients, raw materials and finished products that contain, consist of or are derived from maize MON 87403. Request declarations of conformity from suppliers.
2. Cease the marketing of affected products: Withdraw from the market any product with maize MON 87403 that is in distribution or at point of sale. Do not wait to exhaust existing stocks.
3. Manage and document current stocks: Record affected stocks, assess the economic impact and determine the destination of products that cannot be marketed.
4. Identify authorized alternatives: Seek maize varieties or substitute ingredients with current authorization in the EU to reformulate affected products or feed.
5. Update labelling and traceability systems: Ensure that new products or formulations comply with labelling requirements and that traceability systems reflect the absence of MON 87403.
6. Review contracts with suppliers and customers: Verify whether current contracts make explicit reference to maize MON 87403 and manage any necessary amendments or terminations.
7. Document all actions taken: In the event of an inspection, the company must be able to demonstrate that it acted diligently from the date the revocation entered into force (27 March 2026).

Official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026D0738