ANVISA extends the use of Paraquat in Brazil. Collegiate Board Resolution - RDC nº 428 (07/10/2020)

ANVISA’s board of directors extends the use of Paraquat. 5 directors unanimously voted to extend applications up to July 31st, 2021, depending on crop and region. This is valid only for the products already purchased by farmers. The oficial resolution shall be released in the next days.

 

UNION OFFICIAL JOURNAL
Published on: 08/10/2020 | Edition: 194 | Section: 1 | Page: 67
Body: Ministry of Health / National Health Surveillance Agency / Collegiate Board

Amends Collegiate Board Resolution – RDC No. 177, of September 21, 2017, which provides for the prohibition of the active ingredient Paraquate in agrochemical products in the country and for transitional risk mitigation measures, to deal with the use of stocks held of Brazilian farmers of products based on the active ingredient Paraquate for crop management in the 2020/2021 agricultural harvest.

THE COLLEGIATE DIRECTORATE OF THE NATIONAL HEALTH SURVEILLANCE AGENCY, in the use of the powers conferred by arts. 7, item III, and 15, items III and IV, of Law No. 9,782, of January 26, 1999, and considering the provisions of art. 53, item VI and §§ 1 and 3, of the Internal Regulation, approved by the Collegiate Board Resolution – RDC No. 255, of December 10, 2018, resolves to adopt the following Collegiate Board Resolution, as decided in a meeting held on 7 October 2020, and I, Deputy Chief Executive Officer, determine its publication:

Art. 1st This Resolution provides for the amendment of Collegiate Board Resolution – RDC No. 177, of September 21, 2017, to deal with the use of stocks held by Brazilian farmers of products based on the active ingredient Paraquate for the management of crops in the agricultural harvest 2020/2021.

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Art. 2nd The Collegiate Board Resolution – RDC No. 177, of 2017, is effective with the following changes:

Art. 2nd The import, production and commercialization of technical products and formulated based on the active ingredient Paraquate are prohibited after 3 (three) years from the date of publication of this Resolution. “(NR)”

Art. 2nd-A The use of technical products and formulated based on the active ingredient Paraquate, according to the specific region and culture, is forbidden as of the end of the maximum terms of use set out in the Annex.

Single paragraph. Farmers’ cooperatives may distribute, exclusively to their members, the formulated products referred to in the caput up to 15 (fifteen) days before the end of the maximum period provided for in the Annex, in which their use in the respective culture and Region is allowed. “( NR)

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Art. 10. Companies holding registration for products based on the active ingredient Paraquate must collect the stocks of these products in packages of volume equal to or greater than 5 (five) liters existing in commercial establishments until October 22, 2020. “(NR)” Art. 10-A. Companies holding registration of products based on the active ingredient Paraquate must collect the stocks of these products in packages of volume equal to or greater than 5 (five) liters, existing in the possession of farmers, up to 30 (thirty) days after the expiration that allows its use in the respective culture and Region. “(NR)

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Art. 3rd The companies that hold product registration based on the active ingredient Paraquate must maintain the risk mitigation measures defined in arts. 7, 11 and 12 of the Collegiate Board Resolution – RDC No. 177, 2017.

Art. 4th The normative guidelines for monitoring and inspection regarding the use and collection of products based on the active ingredient Paraquate will be established by means of Joint Normative Instruction – INC, approved by the National Health Surveillance Agency and by the Ministry of Agriculture, Livestock and Supply, pursuant to of Law No. 7,802, of July 11, 1989, and of Decree No. 4,074, of January 4, 2002.

§ 1st The Joint Normative Instruction – INC must be prepared and published by October 22, 2020.

§ 2nd The Joint Normative Instruction – INC must contain at least the strategies for risk management in the face of occupational exposure, cancellation of records by the Ministry of Agriculture, Livestock and Supply – MAPA, monitoring and inspection, involving the competences and responsibility of the federal agency of the agriculture.

Art. 5th The use of products based on the active ingredient Paraquate by farmers, cooperatives and companies is prohibited under the following conditions:

I – without registration with the Ministry of Agriculture, Livestock and Supply – MAPA; or
II – without the procedures that guarantee the occupational safety of workers and without compliance with the guidelines contained in the Joint Normative Instruction – INC referred to in art. 4th.

Art. 6th The other restrictions provided for in the Collegiate Board Resolution – RDC No. 177, of 2017, are maintained.

Art. 7th Companies, farmers or cooperatives that are unable to meet the guidelines of this Resolution and the Joint Normative Instruction referred to in art. 4 ° must formally communicate, within 10 (ten) days after the publication of this Resolution, the stock of products formulated based on the active ingredient Paraquate.

§ 1st The formal communication provided for in the caput must be directed to the respective State, District or Municipal Secretary of Agriculture, or equivalent body, and to the company that holds the product registration.

§ 2nd The holder of the registration of the product formulated based on the active ingredient Paraquate has up to 30 (thirty) days after receiving the communication referred to in § 1 for the collection of the product in the possession of the company, the farmer or the cooperative.

Art. 8th The distribution by farmers’ cooperatives to their members is authorized and the use by farmers, members and companies of products based on the active ingredient Paraquate from September 22, 2020 until the date of publication of this Resolution is authorized.

Art. 9th Failure to comply with the provisions contained in this Resolution constitutes a health violation, under the terms of Law No. 7,802, of July 11, 1989, without prejudice to the applicable civil, administrative and penal responsibilities.

Art. 10. §§ 1, 2 and 3 of art. 2 and the sole paragraph of art. 10 of the Collegiate Board Resolution – RDC No. 177, September 21, 2017.

Art. 11. This Resolution takes effect on the date of its publication.

 

CROP REGION PHASE OUT

until

Soybean Midwest, South, Southeast May 31st, 2021
Soybean North, Northeast July 31st, 2021
Cotton North, Northeast, South, Southeast, Midwest February 28th, 2021
Blackbeans North, Northeast, South, Southeast, Midwest March 31st, 2021
Corn North, Northeast, South, Southeast, Midwest March 31st, 2021
Sugar-cane North, Northeast, South, Southeast, Midwest April 30th, 2021
Coffee North, Northeast, South, Southeast, Midwest July 31st, 2021
Wheat South, Southeast, Midwest August 31st, 2021
Potato North, Northeast, South, Southeast, Midwest May 31st, 2021
Apple South, Southeast October 31st, 2021
Citrus Northeast, South, Southeast March 31st, 2021