On August 19, 2020, the highlighted Decree was published, introducing a series of modifications to the Regulation of Industrial and Sanitary Inspection of Animal Products (RIISPOA/2017).

According to the Honorable Secretary of Agricultural Defense, José Guilherme Leal, most of the changes made were motivated by the need to streamline inspection procedures for greater efficiency in providing services to society.

In this context, in addition to the establishment of permanent inspection measures and increased accountability for animal origin establishments, among others, what draws attention is how these changes affect ongoing sanctioning processes.

After all, several provisions – their clauses and paragraphs – were repealed starting from Title XI, which addresses Responsibilities, Precautionary Measures, Offenses, Penalties, and Administrative Proceedings. That is to say, from Article 494 onwards of RIISPOA/2017.

In this regard, as an example, what treatment will be given to a sanctioning process – in the appeals stage – considering that the citation and judgment in the first instance were based on a repealed clause of Article 515 of RIISPOA/2017?

Undoubtedly, significant technical and legal discussions will take place in favor of regulatory maturity, which instills legal certainty for all parties involved. Especially for establishments dealing with animal products when facing allegations, as they are in a vulnerable position vis-à-vis the State (Article 2, IV, of Law No. 13,874, dated September 20, 2019).

*Source: https://www.gov.br/agricultura/pt-br/assuntos/noticias/governo-publica-decreto-que-altera-o-regulamento-da-inspecao-industrial-e-sanitaria-dos-produtos-de-origem-animal

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