Bill 665.

Summary.

The bill establishes minimum safety distances and buffer zones for the application of agrochemicals throughout the country. Its stated purpose is to protect human health, water resources, and the environment. It defines critical areas as surfaces potentially exposed to ground application of pesticides near schools, homes, apiaries, animals, water sources, forest nurseries, aquaculture areas, and protected areas, as well as other areas designated by the competent authority. It defines a safety strip or buffer zone as an area subject to regulation of ground applications of synthetic pesticides in order to protect those critical areas.

The proposed provisions are matters of public order and social interest. They would bind any individual or legal entity, public or private, engaged in handling, mixing, or applying agrochemicals by ground or aerial methods. The bill therefore covers activities preceding application as well as application itself, while setting specific distances for ground and aerial methods.

For ground application, the bill prohibits the use of synthetic pesticides, herbicides, or fertilizers with mechanized equipment, tractors, or backpack sprayers within a 75-meter strip. The distance is measured from the boundary of the application area in relation to surface water sources, including rivers, lakes, streams, and other bodies of water, and to groundwater recharge areas. The same strip applies in relation to populated areas, homes, educational facilities, health care facilities, and recreational areas. The bill makes it the mandatory minimum distance for every ground application.

For aerial application of those products using aircraft or unmanned aerial vehicles, including drones, the bill prohibits operations within 1,000 meters of the locations listed for ground application. The distance is measured from the boundary of the application area and is the mandatory minimum for every aerial application. The bill treats both distances as minimum standards for environmental protection and public health. It provides that no executive decree, resolution, regulation, technical standard, permit, license, environmental management instrument, or administrative act may authorize a shorter distance. Administrative acts that breach this rule would be void as a matter of law, without prejudice to any applicable administrative, civil, or criminal liability. The bill sets its entry into force for the day after its promulgation in the Official Gazette (Gaceta Oficial).

The bill concerns public authorities responsible for agriculture, the environment, water resources, and public health. Its provisions could interest or affect agricultural producers, agrochemical applicators, aircraft and drone operators, communities, educational and health care facilities, beekeepers, forest nurseries, and aquaculture activities.