Pesticide Registration Through Court Decisions Continue in Brazil

Just in the first three months of this year, there were 21 approvals through court decisions released by Anvisa”

Guest Author: Flavio Hirata, partner at AllierBrasil, a pesticide registration consulting firm. Email: flavio.hirata@uol.com.br

15 April 2024, Brazil: The new pesticide law in Brazil (Law No. 14785) implemented from 27^th December 2023 has established deadlines for the conclusion of product registration evaluations. The time for registration approval is still very long as per the new law. According to the approvals of 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).

Deadlines for conclusion of registration claims and their amendments

Registration type	Deadline for the conclusion of the evaluation
New Product – Formulated	24 months
New Product – Technical	24 months
Formulated Product	12 months
Generic Product	12 months
Identical Formulated Product	60 days
Equivalent Technical Product	12 months
Atypical Product	12 months
Temporary Special Registration (RET)	30 days
Product for Organic Farming	12 months
Product Based on Biological Control Agent	12 months
Pre-Mixture	12 months

Also, to speed up access to the market, companies continue to resort to court decisions against 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)

Registrant	Brand name	Product	Date of Resolution by Anvisa
PERTERRA	EREDITÀ	Trifloxystrobin + prothioconazole	03/27/2024 – Published in Federal Official Gazette on 04/01/2024
PERTERRA	ATRAZINA 900 WG PERTERRA	Atrazine 900 g/kg WG	03/22/2024 – Published in Federal Official Gazette on 03/25/2024
ADAMA	BALTIC	Amicarbazone + isoxaflutole	03/14/2024 – Published in Federal Official Gazette on 03/18/2024
SYNCROM	RIDGE 88 SG	Glufosinate – ammonium salt 880 g/kg SG	03/01/2024 – Published in Federal Official Gazette on 03/04/2024
PERTERRA	LUFENURON 50 EC PERTERRA	Lufenuron 50 g/L EC	02/29/2024 – Published in Federal Official Gazette on 03/04/2024
XINGFA E WENDA	GLIFA 720 WG	Glyphosate 720 g/kg WG	02/29/2024 – Published in Federal Official Gazette on 03/04/2024
RAINBOW	COMPRAY FULL	Clomazone 500 g/L EC	02/29/2024 – Published in Federal Official Gazette on 03/04/2024
RAINBOW	POLESTAR XTRAL	Trifloxystrobin 490 + cyproconazole 210 g/kg WG	02/29/2024 – Published in Federal Official Gazette on 03/04/2024
RAINBOW	ACEWAY	Acetamiprid + bifenthrin	02/22/2024 – Published in Federal Official Gazette on 02/26/2024
ADAMA	CRONNOS ULTRA OD	Mancozeb +picoxystrobin + tebuconazole OD	02/22/2024 – Published in Federal Official Gazette on 02/26/2024
CROPCHEM	TACUAR 240 EC	Clodinafop-propargyl 240 g/L EC	02/22/2024 – Published in Federal Official Gazette on 02/26/2024
ADAMA	ALLURE BR	Clomazone + diuron + hexazinone	02/08/2024 – Published in Federal Official Gazette on 02/14/2024
CROPCHEM	CLODINAFOPE 240 EC CROPCHEM II	Clodinafop 240 g/L EC	02/08/2024 – Published in Federal Official Gazette on 02/14/2024
TRADECORP	CARIMBO 360 CS	Clomazone 360 g/L CS	02/08/2024 – Published in Federal Official Gazette on 02/14/2024
SYNCROM	DOMADO 88 SG	Glufosinate – ammonium salt 880 g/kg SG	02/01/2024 – Published in Federal Official Gazette on 02/05/2024
RAINBOW	ETHROLE	Ethiprole 200 g/L SL	02/01/2024 – Published in Federal Official Gazette on 02/05/2024
PROREGISTROS	GLUFOS-WYN 880	Glufosinate – ammonium salt 880 g/kg	02/01/2024 – Published in Federal Official Gazette on 02/05/2024
RAINBOW	ATESALOR XTRA	Amicarbazone 700 g/kg WG	02/01/2024 – Published in Federal Official Gazette on 02/05/2024
CROPCHEM	DHARMA 100 SL	Cyproconazole 100 g/L SL	02/01/2024 – Published in Federal Official Gazette on 02/05/2024
SOLUS	ACEFATO SOLUS 970 SG	Acephate 970 g/kg SG	01/29/2024 – Published in Federal Official Gazette on 01/30/2024
ALAMOS	GLUFOSINATO 200 SL ALAMOS	Glufosinate 200 g/L SL	01/03/2024 – Published in Federal Official Gazette on 01/08/2024

Out of the total approvals, 66% of the approvals of evaluations by Anvisa through legal action are from 4 companies, that is 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 27^th March 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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