“Just in the first three months of this year, there were 21 approvals through court decisions released by Anvisa”
Flavio Hirata is a partner at AllierBrasil, an agribusiness consulting firm, with a degree in agronomic engineering from Esalq/USP, and a specialist in pesticide registration. AllierBrasil is a pesticide registration consulting firm, which organizes technical and commercial visits, exhibitions and lectures on agribusiness and pesticide registration in India, China and Brazil, with the aim of promoting Brazilian agriculture.
The new Pesticides Law No. 14,785, of December 27th, 2023, established deadlines for the conclusion of product registration evaluations.
Deadlines for conclusion of registration claims and their amendments
Law No. 14785, from December 27th, 2023
The time for registration approval is still very long. According to the approvals of the toxicological evaluations by Anvisa, published in the Federal Official Gazette of Brazil in 2024, the time to complete evaluations varies from 5 to 8 years in the cases of Formulated Products based on Equivalent Technical Products (generic products).
In addition, in order to speed up access to the market, companies continue to resort to court decisions against the Federal agencies. Just in the first three months of this year, there were 21 toxicological evaluation approvals through court decisions released by Anvisa.
Approval of acts of toxicological evaluation of pesticides in compliance with court decisions (2024)
Source: Anvisa, adapted by AllierBrasil
66% of the approvals of evaluations by Anvisa through legal action are from 4 companies, Rainbow, with 24%; and Adama, Perterra and Cropchem with 14% each.
Approvals by Anvisa through court decisions (2024)
Source: Anvisa, adapted by AllierBrasil
According to a study regarding the registration requests approved through legal action in 2022, prepared by AllierBrasil and Mazza & Manente de Almeida Advogados, five Courts were responsible for 50% of the injunction approvals. In 2024, until 03/27/2024, one out of eight Courts accounted for 33.33% of the 21 approvals.
Expectations are high regarding the new Pesticide Law and the deadlines for completing the evaluations of the registration processes. In the last two years, a significant number of companies, mainly from China and India, have shown interest in accessing the Brazilian market.
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