New Pesticide Law in Brazil

On December 28th, Law 14,785/2023 (“Pesticide Law”) was enacted and became effective, regulating the production, commercialization and use of pesticides in Brazil, revoking Law 7,802/89.

Among the main changes, there are new deadlines for inclusion and modification of product registrations, the exclusion of certain prohibitions previously applicable to the registration of pesticides, and a significant increase in the maximum amount of the fine applicable in case of non-compliance.

We highlight the following key points of the Pesticide Law:

Registration Deadlines

The new law has reduced several deadlines for the completion of registration filings, that used to be between 12 and 36 months, depending on the type of product and the situation. The new deadlines are the following:

• New product – formulated and technical: 24 months.
• Formulated, generic, atypical, for organic farming, based on biological control agents, and pre-mixture: 12 months.
• Identical formulated product: 60 days.
• Other changes: 180 days.

It is expected that existing pending registrations will be processed faster, leading to a significant increase in the market product offerings.

It is important to note that the definition of the above deadlines must be read jointly with the provisions of Law No. 13,874/19 (Economic Freedom Law), which establishes the guarantee of compliance with deadlines in requests to governmental authorities. In case of non-compliance with the deadline by the authority, one may request a court order to expedite the registration process.

Temporary Special Registration

A Temporary Special Registration has been established for new products intended for research and experiments, subject to audits by the registering authority.

Prohibition

Registration of pesticides representing an unacceptable risk to humans or the environment, even with implemented risk management measures, is prohibited. Any pesticide registration requirements must adhere to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS), and the Codex Alimentarius.

Nevertheless, previous provisions that expressly prohibited the registration of products in specific cases were excluded, such as the provisions that prohibited registration of products if Brazil did not have antidotes or ways to prevent residues from posing risks to the environment and public health.

Cancellation for Lack of Use

Another new rule is that the registration holder now has up to 2 years to commence production and commercialization, under penalty of cancellation. Furthermore, the registering authority must be informed of the start of production and commercialization. In case of cancellation, the holder can only apply for a new registration after 1 year.

Sanctions

The Pesticide Law sets forth administrative sanctions for violations of its provisions, including: (i) warning; (ii) fine; (iii) seizure or prohibition of the pesticide; (iv) destruction of the pesticide; (v) suspension or cancellation of registration; (vi) temporary or permanent closure of the establishment; (vii) destruction of plants and foods with excessive use or application of unauthorized products.

Fines range now from BRL 2,000.00 to BRL 2,000,000.00, proportionate to the severity of the offense, which is much higher than the penalty set forth in the previous law (BRL 20,000.00). In case of recurrence, the fine may be doubled.

Other Matters

In addition to the highlights above, the law addresses topics such as commercialization, packaging, labeling, leaflets, and general registration procedures, along with the role of the relevant governmental entities.

Adjuvants, i.e., items used in mixtures with formulated products to improve their application, are out of the scope of the Pesticide Law and will be governed by a specific regulation.

This bulletin is for information purposes only and should not be relied upon to obtain legal advice on any of the topics dealt with here. For additional information, please contact the leaders of the Life Sciences team.

CGM Advogados. All rights reserved.