Article 401 of Ecuador’s 2008 Constitution declares the country free of transgenic crops and seeds. It prohibits the cultivation of Genetically Modified (GM) crops and protects farmers’ rights to access GM-free seeds and crops, and ensures that their farmer seeds and seed systems are not contaminated.

In 2018, the presence of transgenic soybean crops was verified in several farms in Los Rios province by non-governmental and peasant organizations. Two campesino organizations (Centro Agrícola de Quevedo and Federación de Centros Agrícolas del Litoral) in collaboration with the Ombudsman's Office and Acción Ecológica as a witness, filed an action for protection against the presence of GM crops. On 18 January 2019, the criminal judicial unit based in Quevedo canton issued a judgment order for the Los Rios province to remain a territory free of transgenic crops and seeds.

In June 2017, Ecuador’s National Assembly approved the “Organic Law on Biodiversity, Seeds, and Promotion of Sustainable Agriculture.” However, Article 56 of the Organic Law sidestepped the provisions of Article 401 and that it permitted GM cultivation for research purposes. As a result, several social movements appealed to the Constitutional Court, citing the unconstitutionality of the Organic law.

In January 2022, the Constitutional Court of Ecuador declared Article 56 of the Law on Seed, Agrobiodiversity, and Sustainable Agriculture unconstitutional through Judgment No. 22-17-IN.