On June 27, 2024, the Ministry of Agriculture and Livestock (MAPA) published Ordinance No. 1,136, dated June 25, 2024, which establishes guidelines for the rework, revalidation, and reprocessing of technical products, pre-mixtures, and pesticides. This measure aims to improve the management and use of products in the agricultural sector, promoting sustainability and efficiency in resource utilization.

Legal Context

Ordinance No. 1,136 complements existing legislation, specifically Law 7,802/89, amended by Law 9,974/00, which already provided for the possibility of reusing and recycling unsuitable products. This update is crucial to ensure that reuse and revalidation processes are conducted safely and effectively, minimizing environmental impacts and maximizing economic and operational benefits for rural producers. In 2021, Decree 10,833 amended Decree 4,074/02, expressly establishing the possibility of these procedures, provided that the specifications of the registration and the quality of the products are guaranteed.

Main Guidelines of Ordinance No. 1,136

The new ordinance establishes strict requirements to ensure the quality and safety of reprocessed technical products and pesticides. The guidelines include:

1. Rework: Procedures to correct flaws or defects in technical products, including the replacement of primary or secondary packaging for label and leaflet updates or replacements.
2. Revalidation: The process of confirming that products, even after their initial expiration period, still retain their properties and effectiveness. Expired products for one or two years can be revalidated for up to two years, provided the registration specifications are maintained.
3. Reprocessing: A set of actions to reuse products that, for some reason, cannot be used in their original form. This includes the physical or chemical addition of batches or batch mixtures to an existing batch.

Expected Impacts

With the implementation of this ordinance, several benefits are expected for the agricultural sector:

• Sustainability: The reuse and recycling of products contribute to waste reduction and promote more sustainable practices in the field.
• Cost Reduction: Producers can save by reusing products that would otherwise be discarded, increasing the economic efficiency of agricultural operations.
• Safety and Quality: The strict criteria established by the ordinance ensure that reprocessed products meet the same safety and efficacy standards as new products.

Challenges and Considerations

Although the benefits are significant, the application of the new ordinance also presents challenges. Companies and producers will need to invest in technologies and processes to ensure compliance with the new guidelines. Additionally, inspection and monitoring by competent authorities will be crucial to ensuring compliance with standards and the safety of products used in the field.

Viviane Kunisawa, partner in the regulatory area, highlights the importance of this initiative: “This regulation is an essential step for modernization and sustainability in the agricultural sector. Allowing still effective products to be revalidated and reused not only reduces waste but also demonstrates a commitment to environmental responsibility. This shows that Brazilian agribusiness is in line with global best practices in sustainability.”

Ordinance No. 1,136 represents an important advancement in the regulation of technical products and pesticides, aligning with global trends in sustainability and efficient resource use. Its effective implementation will depend on collaboration between the government, companies, and rural producers, aiming for a more sustainable and efficient future for Brazilian agriculture.