SENASA suspends sale and use of five pesticides by constitutional mandate

The National Agricultural Health Service (SENASA) has ordered the temporary suspension of the sale, distribution, and use of phytosanitary products containing chlorpyrifos, methomyl, glyphosate, imidacloprid, and clothianidin as active substances, insofar as they are intended for the production of plant-based foods for domestic consumption. The decision was formalized through Directorial Resolution No. D000015-2026-MIDAGRI-SENASA-DIAIA, published in the official newspaper El Peruano on Wednesday, September 30, 2026, in the Legal Norms section, and executes the mandate of Judgment 1111/2026 of the Second Chamber of the Constitutional Court, issued in Case File No. 03269-2023-PA/TC.

The resolution, dated in La Molina on September 9, 2026, and signed by the general director of the Directorate of Agricultural Inputs and Agri-food Safety, Josué Alfonso Carrasco Valiente, specifies that the suspension is precautionary in nature, temporary in character, and subject to review. Paragraph 3 of the judgment orders SENASA to suspend these activities “until the technical-scientific re-evaluation ordered in this judgment is completed and sufficient mechanisms for control, traceability, and sanitary response are implemented.”

The resolutive act is based on Legislative Decree No. 1059, General Law of Agricultural Health; Legislative Decree No. 1387; Supreme Decree No. 001-2015-MINAGRI, which approves the Regulations of the National System of Agricultural Pesticides; and Supreme Decree No. 008-2005-AG. It complements Multiple Memorandum No. D000064-2026-MIDAGRI-SENASA-DIAIA and Report No. D000014-2026-MIDAGRI-SENASA-DIAIA-SIA.

Scope and limits of the suspension

• The measure applies to the activities of sale, distribution, and use, only under the scenario provided by the Constitutional Court.
• It does not imply the suspension or cancellation of the validity of the registrations of these products.
• It does not extend the judicial suspension to storage activities, although these remain subject to inspection.
• The restriction is conditional upon the destination: it only applies to products intended for the production of plant-based foods for domestic consumption.

Inspection, traceability, and sanctions

The Executive Directorates of SENASA must intensify surveillance, inspection, and control, and verify the declared destination of the products. Required data include the identification of the selling or distributing establishment, the product and quantity marketed, the active ingredient, the date of the operation, the identification of the purchaser, the declared destination, the target crop, and the location of the production unit.

The Sub-directorate of Agricultural Supplies shall prepare and publish the official list of pesticides with current registration containing these substances, including trade name, registration number, holder, active ingredient, concentration, and formulation type, on the digital portal www.gob.pe/senasa. The executive directorates shall coordinate with the Provincial Specialized Prosecutor’s Offices for Crime Prevention of the Public Ministry, and shall record the sanctions imposed following the corresponding administrative procedure.

Conditions for lifting the measure

The suspension shall remain in effect until two conditions are met: the completion of the technical-scientific re-evaluation ordered by the Constitutional Court and the implementation of sufficient mechanisms for control, traceability, and sanitary response. The isolated fulfillment of only one of these conditions does not determine the lifting of the measure.

Once the concurrence of both has been verified, SENASA, through the Public Prosecutor’s Office of the Ministry of Agrarian Development and Irrigation, shall bring the circumstance to the attention of the jurisdictional body in charge of the execution of Judgment 1111/2026, providing technical and documentary support, so that said body may determine the continuity, modulation, or lifting of the measure.

The regulation directly impacts farmers, distributors, and consumers: it restricts the use of five active substances widely present in national agriculture until the technical re-evaluation ordered by the Constitutional Court is concluded, and obliges authorized establishments to refrain from marketing them when their destination is the production of plant-based foods for internal consumption.

Source: El Peruano, Legal Norms, Wednesday, September 30, 2026, pág. 9-11 (official reference: 2559460-1).