CBDA 2022 - New Brazilian agrochemical law to bring modern, safer, and cheaper molecules

Bill No. 2699, pending in the Brazilian Senate, will allow into Brazil more modern, safe, and cheaper agrochemicals, according to experts participating in the Brazilian Congress of Agribusiness Law (CBDA), which AgroPages in Brazil covered.

According to the panelists, the proposal is considered consistent and broad legislation as it addresses all processes related to pesticides: from research, experimentation, labeling, registration, and classification, through storage and transport, to commercialization, control, inspection, and disposal of packaging.

The experts participating in the CBDA on Wednesday, April 6, assessed that the legislation updates the game's rules and allows rural producers to access more advanced molecules in a shorter time. This would result in an even more significant advance than Brazilian agribusiness in productivity, efficiency and quality.

“There is nothing more natural than improving the law that deals with this issue, as pesticides are one of the pillars of support for the technological revolution in agriculture. The producer uses this input because he needs it”, evaluated Christian Lohbauer, president of CropLife Brasil.

Aline Sleutjes, president of the Agriculture Committee in the Chamber of Deputies, commented that the new molecules can increase production in a smaller area and at lower costs. “We use old products because, on average, it takes eight years to approve a product. The new molecules are cheaper and more efficient. In other countries, the average pass rate is one to two years.”

Regarding the most common criticisms of the PL, Lohbauer explained that the project does not remove power from the regulatory agencies – National Health Surveillance Agency (ANVISA) and the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama), it only centralizes procedures.

In this sense, Roberto Sant’Anna, partner at Dannemann Siemsen Advogados, commented that there is a change in the dynamics of the computerized system, which will distribute information to regulatory agencies and the Ministry of Agriculture, Livestock, and Supply. Previously, each organ had its control. “The powers of each agency are maintained, with Ibama guaranteeing environmental safety and ANVISA guaranteeing human health.”

For Sleutjes, the legislation does not reduce the level of responsibility of the bodies, it only speeds up the process so that, in a maximum of two years, the country has new products. She also stressed that she would follow scientific rigor and transparency in the analysis and approval procedures, stimulating the country's competitiveness with safer products.

During the Agricultural Defensives panel, mediated by José Guilherme Tollstadius Leal, Secretary of Agricultural Defense at the Ministry of Agriculture, Livestock and Supply (MAPA), Helder Rebouças, Legislative Consultant at the Federal Senate, provided political analysis of the topic. He said that the college of leaders of the Federal Senate will have a leading role in evaluating the matter and that the election year may affect the PL vote. If the issue is left for next year, another variable will be the change in the composition of the Federal Senate. From a technical point of view, he commented on the more intense participation of Embrapa if there is a discussion in Senate Committees. And in legal terms, he talked about the possibility of limiting the actions of states and municipalities.

Regarding Rebouças’ last consideration, Sant’Anna explained that states can legislate in some cases, but they can legislate in the voids when there is a federal law. “The PL defines state competencies,” he pointed out. Regarding the registration made by states, he clarified that, as the information will be shared, the need to make a state registration no longer makes sense, except in cases of local particularity.” In his view, one of the biggest concerns of the states should be in the inspection of the use of pesticides.

Another common market criticism is that the temporary registration provided for in the PL, will be a general release. Lohbauer explained that Article 3 sets out very clearly on this topic. “The company can apply for temporary registration, while there is no final opinion, as long as the product is approved in three OECD (Organization for Economic Cooperation and Development) countries for that crop for which it is intended. The strict rules for risk analysis follow exactly as in other countries,” he said in conclusion.

(Editing by Leonardo Gottems, reporter for AgroPages)