Bill aims to regulate the production of bioinputs in Brazil

Bill No. 658/2021 (“PL No. 658/2021”), authored by deputy Zé Vitor (PL-MG), which provides for the classification, treatment and production of bio-inputs through on-farm biological management and ratifies The National Bioinput Program, established by Decree No. 10.375/2020, can benefit Brazilian agribusiness, providing not only increased productivity in the sector, but also contributing to more sustainable agriculture.

The proposal aims to regulate the production activity of bioinputs - a product, process or technology of plant, animal or microbial origin, intended for use in the production, storage and processing of agricultural products, in aquatic production systems or planted forests , which positively interfere with the growth, development and response mechanism of animals, plants, microorganisms and derived substances and which interact with physical-chemical and biological products and processes - which currently lacks specific legislation on the subject .

Among the provisions set out in PL nº 658/2021, we can highlight that the terms of this law apply to all cultivation systems, including conventional and organic, covering production intended exclusively for own consumption. Another point is that bioinputs are divided by biological risk class (from 1 to 4).

With the PL, the activities included in on-farm biological management are classified as risk level 1 (low individual and community risk), depending on the installation of biofactories and must be carried out within the rural establishment. The development of on-farm biological management activities will depend on the monitoring of a qualified professional as technical manager, in order to ensure that the entire process meets the necessary technical and legal requirements. 

Another point that draws our attention in the text of the PL is that the installation and operation of biofactories on rural properties is exempt from environmental licensing, as long as the property where the enterprise is located is regularized or undergoing regularization, in accordance with Law No. 12.651 /2021, which deals with the protection of native vegetation. Brazil has rich biodiversity that can be explored, as long as the environment and applicable legislation are respected.

We need to encourage the production of bioinputs with technical and legal procedures that take into account the principles of reasonableness and proportionality, but at the same time ensure the adoption of good management and production practices. In this sense, the PL provides that on-farm biological management must be conducted using an isolate, lineage, strain or strain of microbiological control agent (“AMC”) obtained directly from an official germplasm bank or from another source capable of guarantee its identity and origin, notably from pre-fermented bio-input. 

In this process, direct obtaining from nature is permitted if the aim is to conduct research, development and agronomic efficiency studies. Batches produced by rural producers must be identified in reports containing information on the date of manufacture, quantity produced, identification, origin and quantity of bio-inputs used, such as strains or pre-fermented bio-inputs.

Active ingredients and biofermented products produced by rural producers under the concept of on-farm biological management are exempt from any notification or registration. Applications for registration of products and authorizations for the production of products covered by this law, with the Ministry of Agriculture, Livestock and Supply (“MAPA”), will have their own and priority processing, with special priority being given to applications requested by family farmers.

The text is currently awaiting analysis by the Finance and Taxation Commission, and will subsequently go to the Constitution, Justice and Citizenship Commission, the Federal Senate and, finally, the Presidency of the Republic. There is still a long way to go, but there is no doubt that the topic is gaining more and more support, making the need for a regulatory framework increasingly evident.

By Meghy Sayuri Sugiura; Senior environmental lawyer at Martinelli Advogados