MAPA Introduces Alternative to Sanctions for Agricultural Establishments

by | May 3, 2024 | Client Alert, Life Sciences

On April 15, the Ministry of Agriculture, Livestock and Food Supply (MAPA), through its Secretary for Agricultural Defense, published Ordinance 1.091/2024 in the Federal Official Gazette, which establishes criteria for establishments signing terms of commitment as an alternative to sanctions from earlier administrative proceedings.

This measure allows establishments that were penalized with activity suspension during administrative proceedings—due to violations of Decree No. 9,013, issued on March 29, 2017, which governs the industrial and sanitary inspection of animal-origin products—to avoid enforced sanctions if they have not yet been implemented.

The affected establishment, through a legal representative or constituted attorney, may request the signing of the commitment agreement within 10 days of the date on which the it is officially notified of the enforcement of the penalty and of the possibility of signing the commitment agreement.

The establishment seeking the commitment agreement will need to pay a fine. This fine, which replaces the activity suspension penalty, varies based on whether the fined party is an individual or a corporation, and on the corporation’s size. In case the fine is not paid within 30 days, the establishment will be included in the Union’s Active Debt, and its activities suspended.

The Ordinance has been in force since April 15, and administrative proceedings have resumed since that date.

Please do not hesitate to contact us if you have any questions or if you want us to analyze a particular case. We will be glad to assist you.


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