Court bans use of herbicide 2,4-D in Campanha Gaúcha

The Regional Environmental Court has banned the use and application of the herbicide 2,4-D in the Campanha Gaúcha region. It also banned the product within 50 meters of grape and apple crops in other regions of Rio Grande do Sul. The decision is valid until the state demonstrates the creation of a monitoring system and establishes exclusion zones to prevent the product from drifting.

The ruling complied with the request of the Rio Grande do Sul Apple Producers Association and the Campanha Gaúcha Fine Wine Producers Association. The organizations reported severe damage to sensitive crops caused by the herbicide's wind-driven movement.

Judge Patricia Antunes Laydner set a 120-day deadline for the state to present and implement the monitoring system. Failure to comply will result in a daily fine of R$10, which will be transferred to the Fund for the Reconstitution of Damaged Assets (FRBL).

According to the judge, 2,4-D is widely used in soil preparation for soybeans. However, reports of drift have highlighted an imminent risk to viticulture and fruit growing. She stated that measures adopted so far, such as awareness programs and technical standards, have not been sufficient.

The judge highlighted the economic, social, and cultural importance of grape and apple production, especially in the Campanha Gaúcha region. According to the ruling, the region has strategic potential that goes beyond agricultural production, including tourism and cultural value.

The state government argued that the release of 2,4-D is the responsibility of the federal government and cited the "Zero Drift" program as a preventative measure. It also alleged potential negative impacts on the state's agriculture. Even so, the court recognized the state's jurisdiction to legislate on the environment and reinforced the government's obligation to act preventively.

The action is being processed under number 5118121-39.2020.8.21.0001.