Ministry of Agriculture opens a public inquiry to regulate agricultural aviation in Brazil

March 29, 2023

On March 27, the Secretariat for Agricultural Defense of the Ministry of Agriculture and Livestock (DAS/MAPA) published DAS’s Ordinance #766/2023 in the Federal Register. The ordinance submits to public inquiry a proposal related to Decree-Law #917/1969, which regulates the use of agricultural aviation in Brazil.

The proposal aims to establish the guidelines for creating an agricultural aviation policy, as well as to define the activities included in the scope of agricultural aviation, MAPA inspection procedures, and the duties of inspected parties in such procedures.

In addition, the proposed decree defines as agricultural aviation activity the aerial application of pesticides, fertilizers, seeds and other agricultural inputs; firefighting in all types of vegetation; and populating waters or other uses that may be regulated.

Therefore, if the decree is approved, any activities that include one of those listed will be subject to supervision and control.

With regard to the Ministry’s authority to inspect the use of agricultural aviation, the proposed decree establishes:

  • Registering of aero-agricultural operators;
  • Guidelines for personnel training entities;
  • Inspection and control of agricultural aviation activities and technical staff;
  • Support to state agencies and the Federal District in the control and inspection of pesticides usage in agricultural air operations; and
  • Maintenance of statistics on agricultural aviation activities.

In addition, the proposal clearly provides for the possibility of using provisional measures in inspection processes, as well as providing for the procedures which will follow both the inspection process and any investigation for violations.

The deadline for submitting suggestions to change the proposal is 60 days, ending on May 26. The public can participate by filling out the form available at this link.

Our team is closely monitoring any measures regarding agricultural aviation policy and assisting clients in matter. For more information, please email equipeeh@lickslegal.com.