MercoPress. South Atlantic News Agency

Lula enacts so-called “poison law” in Brazil

Brazil is the largest consumer of pesticides worldwide

Brazilian President Luiz Inácio Lula da Silva Thursday signed into law the so-called “pesticides bill” easing down restrictions on the use of those chemicals, albeit with partial vetoes, it was reported in Brasilia.

The new law deals with the control, inspection, and oversight of these products in a move to grant greater decision-making powers to the Agriculture Ministry, it was explained. However, vetoes were applied to 14 sections of a dozen articles.

Also dubbed the “poison law” by its detractors, the text went through tough negotiations between the Senate and Lula's government, which managed to keep the term “agrotoxic” within the final wording. The Lower House had replaced it with the more neutral “pesticide” and “ phytosanitary product”.

The massive use of pesticides by Brazilian producers paves the way for those in Europe who oppose a free trade agreement between the European Union and the South American Common Market (Mercosur).

”After consulting the competent ministries, the president decided to veto some devices (points of the law), to guarantee adequate integration between productive needs, healthcare, and environmental balance,” said the Planalto Palace in a statement.

After the veto, the National Health Surveillance Agency (Anvisa) and the environmental agency Ibama will continue to play a decisive role in the scrutiny of agrochemicals before their release for public consumption, it was also explained.

Lula also struck a provision exempting companies from including information on packaging, which could lead to the reuse of pesticides and encourage “misinformation” about the products. Nevertheless, some pesticides, particularly those with proven carcinogenic effects, or capable of producing mutations, or that cause environmental damage, will not be automatically banned. Instead, the ban will cover products that present an “unacceptable risk” to humans or the environment, which was deemed too vague by the text's opponents.

“What will be worth now is a risk analysis, without explaining who will do that and how,” said Suely Araujo, former president of Ibama, while Karen Friedrich, a toxicologist and member of the Brazilian Collective Health Association, assessed that “ ”The law makes it easier to register the most toxic products.”

With the new rule, in addition, pesticides intended exclusively for export may be manufactured in the country without prior authorization.

The president's vetoes may be reviewed by Congress.

The bill had been in the Lower House since 1999. It was updated in 2022 by the so-called ruralist caucus with the support of then-President Jair Bolsonaro.

According to Agencia Brasil, the South American country is the largest consumer of pesticides in the world. Between 2019 and 2022, 2,181 new registrations were released, which corresponds to an average of 545 per year. In 2023, the country approved 505 new pesticide registrations, according to the Agriculture Ministry. With the new legislation, the number is expected to grow.