The Federal Government enacted new rules for the registry, export, research, application, and inspection of pesticides and crop protection products (agrochemicals), as a means to streamline requirements and align their regulatory framework with international best practices.
The Federal Government, through Decree n.º 10.833/2021, enacted new rules for the registry, export, research, application, and inspection of pesticides and crop protection products (agrochemicals), as a means to streamline administrative requirements and align the Brazilian regulatory framework on pesticides with international best practices. The new decree amended Decree n.º 4.074/2002, which rules the dispositions of Law n.º 7.802/1989 (Brazilian Law on Pesticides).
Concerning the registry of pesticides (articles 8 to 22 of Decree n.º 4.074/2002), the previous 120-day deadline for government analysis of any product registration (article 15) was replaced by multiple deadlines depending on product complexity and priority category. Prioritized products require between 6-to-12 months for the conclusion of the registration products, while ordinary products require between 12-to-36 months. Additionally, pesticides and crop protection products destined exclusively for export are now provided simplified registry procedures, being subject to a 60-day registration and other specific dispositions (articles 16 and 17).
In relation to research related to pesticides and crop protection products (articles 23 to 28), the new rules no longer require the approval of a Special Temporary Authorization (RET, in the Portuguese acronym) for research and experimentation when dealing with base ingredients already approved in Brazil by authorized companies and research institutions, except when destined for use in hydro and native forest environments (article 23).
Concerning the application of pesticides for agricultural purposes, article 42-A determined the registration of field pesticides applicators – any person (e.g., worker) responsible for the application or supervision of the application of pesticides (definition in the first article) – within each state-level agriculture government body. A normative act from MAPA will provide its implementation.
With regard to the inspection of pesticides (articles 82 to 92), the new rules established more rigorous penalties for non-conformities, which may be applied without previous notification (warning) and regardless of the adoption of mitigation initiatives. Such penalties may include fines, the suspension of use permits, product registration, and company authorizations.
The decree also amended the rules related to prohibited pesticides, quality control, and labeling requirements, including the incorporation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for toxicology classification.
Note: The Federal Government’s analysis of new pesticides and crop protection products is carried out jointly by the Ministry of Agriculture, Livestock and Supply (MAPA), the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA), and the Brazilian Health Regulatory Agency (ANVISA), as determined by the aforementioned law and decree.
