Brazil MAPA establishes guidelines for revalidation and reprocessing of technical products, premixes, and agrochemicals

The Brazilian Ministry of Agriculture and Livestock (MAPA) has issued Ordinance No. 1,136, dated June 25, 2024, establishing guidelines for the rework, revalidation, and reprocessing of technical products, premixes, and agrochemicals. Previous legislation (Law 7,802/89, amended by Law 9,974/00) already allowed for the reuse and recycling of unfit products.

″However, there was a lack of specific regulation on the matter, even though this practice is compatible with industrial efficacy requirements and good manufacturing practices,″ observed Lídia Cristina Jorge dos Santos, an attorney and counselor of the Sustainable Agro Scientific Council (CCAS). 

According to her, the legality of these procedures was a subject of much legal debate, particularly regarding the extension of expiration dates for chemical products.

In 2021, Decree 10,833 amended Decree 4,074/02, explicitly establishing that these procedures were possible, provided that the product's registration specifications and quality could be guaranteed. ″However, there was still a need for a clear definition of each of these procedures, and once again, the legislation referred to the need for complementary regulations,″ the specialist recalled.

Finally, the new regulatory framework for pesticides (Law 14,785/23) provided definitions for each of these procedures:

- Rework: Involves the replacement of primary or secondary packaging to update or replace labels and leaflets.

- Revalidation: Extends the product's expiration date.

- Reprocessing: Involves the physical or chemical addition of batches or mixtures to an existing batch.

″Law 14,785/23 also mandated the need for a complementary norm to establish minimum guidelines on how to perform these procedures, and this norm has now been published,″ the attorney added. 

Despite the law's provision, the Ministry of Agriculture and IBAMA (Brazilian Institute of Environment and Renewable Natural Resources) fined many companies for conducting these procedures without proper regulation.

The long-awaited norm specifies that the revalidation procedure, which involves extending the expiration date, ″can be carried out for products that have expired by one or two years, depending on the product type (technical or formulated),″ said Lídia Santos. 

″These products can be revalidated for up to two years, if the registration specifications are maintained. This procedure poses no risk to farmers or the environment, as companies must ensure that the registration specifications are upheld, demonstrated by maintaining the minimum active ingredient content and the maximum impurity levels,″ she explained.

On the other hand, she noted that a stability test would be required, and this procedure can only be performed by authorized manufacturers, formulators, and handlers. The regulation mandates that every procedure must be traceable and subject to inspection.

″The publication of this new regulation is a victory for the environment, as it prevents the incineration of still effective and usable products. This is yet another demonstration of innovation in the agricultural sector and proof that agriculture is indeed sustainable,″ concluded the counselor of the Sustainable Agro Scientific Council (CCAS).

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