Expertise in the Classification of Plant Products: New MAPA Ordinance Establishes Requirements and Procedures

On August 1, 2023, the MAPA (Ministry of Agriculture and Livestock) Ordinance No. 600/2023 will come into effect, establishing requirements and procedures for requesting expertise in the classification of plant products, their by-products, and economically valuable residues. The publication in the Official Gazette occurred on Monday, July 24, 2023.

The expertise can be requested when the company is accused of a violation related to discrepancies between the product specifications and the analytical results obtained through classification inspection.

The expertise will be carried out by analyzing a counter-sample, upon request from the interested party, which must be presented within 20 (twenty) days from the knowledge of the Infraction Notice, providing mandatory documents listed in the aforementioned Ordinance and allowing the appointment of a technical assistant.

The request for expertise may also be denied when considered “irrelevant,” “unnecessary,” or “delaying.” However, the Ordinance seems imprecise in this aspect by presenting a single normative concept for these three different situations: “The expertise will be considered irrelevant, unnecessary, or delaying when it involves physical-chemical analyses that include tests for residues, contaminants, identity, and microbiological aspects in the product, considering the nature and characteristics of the analyzed substances.”

The company whose expertise is granted will be notified by the official laboratory through the electronic address (e-mail) listed in the fiscal documents (CNPJ) – thus, we recommend keeping it regularly updated and monitored.

The full text of the Ordinance in the Official Gazette can be accessed here: https://www.in.gov.br/web/dou/-/portaria-mapa-n-600-de-21-de-julho-de-2023-498137658.

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