“If there is a central Ministry of Agriculture and Livestock system, where states and companies can have easy access and find up-to-date information, it will certainly help a lot…”
Luís Carlos Ribeiro is executive director of the National Association of Phytosanitary Products Companies – Aenda, an agronomist from the Federal and Rural University of Rio de Janeiro, M.Sc. in plant health defense, and specialist in plant protection from the Federal University of Viçosa.
Luís Ribeiro, executive director of Aenda
AgriBrasilis – Why did the State of São Paulo decide not to register pesticides anymore?
Luis Ribeiro – According to the Agricultural Defense Coordination of the State of São Paulo (CDA), this determination was based on a legal opinion from the legal department of the Department of Agriculture. The CDA will continue to perform the registration of pesticide companies.
AgriBrasilis – Is it possible for other States to adopt the same procedure?
Luis Ribeiro – This will depend on each State’s Agricultural Defense agency. Some States that contacted us mention that they are awaiting a position from the State Attorney General’s Office (PGE). There are some States that have informed that, since the State laws have not been repealed, they will continue with the State registration work as normal.
“The previous Law (No. 7802/89) was a milestone responsible for the great development in everything related to the registration of products and the performance of the ministries involved and the States”
AgriBrasilis – “The publication of the pesticide registration on the website of the Federal registrant agency authorizes the commercialization and use in the States and the Federal District.” What is Aenda’s interpretation of this passage of Law No. 14785/23?
Luis Ribeiro – The previous Law (No. 7802/89) was a milestone responsible for the great development in everything related to the registration of products and the performance of the ministries involved and the States, because through it there was the implementation of State laws for pesticides, with the exception of the States of Paraná and Rio Grande do Sul, which already had their laws.
In the State laws, there is a need to register the products registered in the Ministry of Agriculture and Livestock (MAPA). Each State has its own system for inspecting the internal transportation, marketing, storage and use of products. These laws have not been repealed. The information on the registered products is already part of Agrofit [Brazilian web data platform on pesticides], but the States also comply with their own legislation.
We are following the implementation of the new Law. The companies comply with the Federal government, aiming to approve new registrations and changes to existing ones, but also respect State laws, which have not been repealed. We are waiting to see how this situation will turn out.
Aenda, along with other entities, is collaborating with the Ministry of Agriculture and working to offer a harmonized proposal for future regulation.
AgriBrasilis – Does the Pesticide Law No. 14785/23 set a precedent for the regulated sector to demand the end of State registration?
Luis Ribeiro – The sector respects the legislation in force. Companies monitor what happens at the Federal and State levels on a daily basis. We cannot demand the end of registrations. The matter depends on a legal decision from the responsible institutions.
If there is a central system for the Ministry of Agriculture, where States and companies can have easy access and find up-to-date information, this will certainly help a lot, but the question remains whether the States will continue to act according to their own laws. It is important that this item is well solved, because it is in the States that the products are transported, stored, indicated in oficial agronomic recommendations, sold and used. Any irregularity can generate infraction notices and even fines.
On a monthly basis, State issues are discussed in a meeting coordinated by Aenda at the Group for State Regulatory Affairs. The implementation of the new law is a constant subject in the meetings and we seek to harmonize information received from the States. As with any beginning of the implementation of a Federal law, with great involvement of different sectors, it takes some time for everything to be defined.
AgriBrasilis – Can charges of fees related to the State registry be considered in divergence from the law?
Luis Ribeiro – We understand that, if there is no longer a need to provide the State registration, logically it is no longer appropriate to charge a fee. But if the States understand that, due to the State laws remaining in force, it is up to them to maintain their internal product controls, even if there is a central system implemented by MAPA, then we will have to respect that. There is no doubt that the matter is a legal one. We can only wait.
AgriBrasilis – Do you consider that the State registration is necessary for the correct transportation, storage, commercialization and use of pesticides? Why?
Luis Ribeiro – Today, with the State systems in operation, yes. If the central system is properly updated, and if all State inspectors have easy access to information, regardless of where they are, this will certainly help in the activities, but this is a personal position of mine. This decision is up to each State’s Agricultural Defense Agency.
AgriBrasilis – What are the other important points that have changed with the new Pesticide Law?
Luis Ribeiro – The implementation of the Globally Harmonized System (GHS) for process analysis; the implementation of defined deadlines for completion of different processes; Special Taxation Regime (RTE) approval only for new products; the non-need for efficacy studies for equivalent products with the same type of formulation, the same indication for use and the modality of application already registered; end of component registrations; the establishment registration, which is carried out directly by the Ministry of Agriculture; updating the procedure for revaluation/re-analysis; registration for identical products only by the Ministry of Agriculture; RRR definitions (Reprocessing; Rework; Revalidation).
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