Law on self-control in agricultural defense was published today

Law 30/12 was published in the Official Gazette of the Union today (14.515/2022). It provides for self-control programs for private agents regulated by agricultural defense, one of the topics that has generated a lot of controversy in recent times.

According to the law, "agent" is a natural or legal person, public or private, who carries out or participates, directly or indirectly, in the following processes throughout the production chains of the agricultural sector: (a) production, transportation, processing, storage, distribution and marketing; (b) import, export, national transit, international and customs transit; (c) transformation and industrialization; (d) diagnosis, teaching, research and experimentation; or (e) provision of services and other processes.

Private agents will now be able to develop self-control programs to guarantee the safety, identity, quality and safety of their products. It will be up to them to ensure the implementation, maintenance, monitoring and verification of these self-control programs.

It is important to keep in mind that "self-control" was defined in the law as the private agent's ability to implement, execute, monitor, verify and correct procedures, production processes and distribution of agricultural inputs, food and products of animal origin or vegetable, with a view to guaranteeing its harmlessness, identity, quality and safety.

Furthermore, this law amended Law 9.972/00, which regulates classification of plant products. It now allows classification to also be carried out by municipalities and inter-municipal or interstate public consortia -- directly or through specialized bodies or companies. And by individuals and legal entities specialized in the activity. This without excluding those previously authorized.

Still in relation to Law 9.972/00, it is possible for the supervision of the classification to be carried out, through delegation of competence from the Ministry of Agriculture, by municipalities, public consortia or states.

Law 14.515/22 comes into force as of its publication (30/12/2022). Except: (a) in relation to the chapter on the procedure for public acts releasing establishments and products (effective within 60 days of publication); and (b) in relation to the irregular introduction of animals and plants in Brazil (effects within 90 days of publication).

The full text of Law 14.515/22 can be read at the link below: