The environmental infraction records check is a Brazil local law check that OriginsNext runs for each farm on an Order. It lists the environmental infraction notices published by IBAMA (the Brazilian Institute of Environment and Renewable Natural Resources) that are on the farm's land or that name the CNPJ (Cadastro Nacional da Pessoa Jurídica, the Brazilian company registration number) of the farm's owner, and saves the result as Evidence for that farm. You set it up through an Order's compliance requirements, using the template Local law compliance (farm), and start it from the Order's Compliance tab. This article explains how to set up the check, start it and read the results.
Note: The environmental infraction records check is information only. Every notice it lists appears under Information and does not count as a finding, so this check never gives a farm Findings identified on its own. It checks farms in Brazil.
What the environmental infraction records check looks for
The check looks at IBAMA's infraction notices from the last 10 years. A notice is listed when:
its penalised area shares land with the farm's boundary;
its location point is inside the farm's boundary, shown as Location point inside the farm, with no shared land figures; or
it names one of the CNPJs recorded for the farm's owner.
Each notice is listed under Information, which reads "Noted for your records. These matches do not count as findings." A notice that shares only a small edge of the farm, 0.5 ha or less that is also 1% or less of the farm, and does not name the owner's CNPJ, is marked Small edge overlap. Other notices are marked Infraction record.
If the farm's owner has no CNPJ on file, only the land is checked, and the result says "The farm owner has no CNPJ on file, so only the land was checked." A farm recorded as 4 ha or less, with a latitude and longitude but no boundary, is checked at its point, and the result notes "Checked at the farm's point (4 ha or less), not a boundary." A farm with neither a boundary nor such a point is checked against the owner's CNPJs only: the result notes "Only the owner's CNPJs were checked.", any notices that name those CNPJs are still listed, and the result is Not checked, with "No farm boundary or point was available to check its land." To have the farm's land checked, add its boundary.
OriginsNext does not keep an individual's CPF or name from the register, so a notice issued to a person does not name them.
Set up the check on an Order
To set up the environmental infraction records check, add a supporting requirement that uses the template Local law compliance (farm) to an Evidence Template used on Orders, then add that Evidence Template to the Order's compliance requirements:
Go to Evidence Tracking > Templates and open the Evidence Template you use on the Order, or click + Add evidence template to create one.
In the Supporting evidence requirements table, click Add requirement. The Add supporting evidence requirement window opens.
Enter a Requirement name, for example IBAMA infraction records, and set Applied to to Location.
In Supporting evidence requirement, choose Local law compliance (farm).
Set Check against, for example to Ordered product locations, and in Location type choose the type you use for farms, for example Farm.
Under Modules required for compliance, tick Environmental infraction records. You can tick other checks on the same requirement too, for example Environmental embargoes.
Click Add requirement, then save the Evidence Template.
Open the Order, go to the Compliance tab and click Edit next to Order compliance requirements. In Evidence requirements, tick the Evidence Template and click Save.
For the other fields in the window, see How do I configure supporting requirements on an Evidence Template? For adding requirements to an Order, see How do I add compliance requirements to an Order?
Start the check
To start the environmental infraction records check on an Order:
Open the Order and go to the Compliance tab.
Under Order compliance requirements, click the requirement. Its panel lists the Order's farms.
Click Start Environmental infraction records assessment. If the requirement has more than one check ticked, the button reads Start assessment. One check runs for each farm, and its result is saved as Evidence for that farm.
The panel then sums up the checks, and each farm's row shows its result. Because the notices are information only, this check reads No findings even when it lists notices. Click View on a row to open the farm's result and see them.
If a farm has no boundary or point and its owner has no CNPJ on file, the check cannot run there, and the farm's row shows Boundary required. When you start the checks again, an environmental infraction records result runs again if the owner's CNPJs have changed since it ran.
Read the result
Each farm's result is Evidence numbered with the prefix LAW-. In the evidence details, the check has its own card, Environmental infraction records. The card shows its outcome first, then a line Owner's CNPJs looked up with each CNPJ of the owner that was checked, if the owner has a CNPJ on file. The card starts closed: click Show details to open it and Hide details to close it.
The details show:
The register edition the check used, and the note "A result is a snapshot of the register edition shown. A newer edition does not change it; run the check again to use it."
Checked boundary: a map of the farm's boundary that was checked, with Download boundary (GeoJSON), which downloads the farm's boundary only. Land that a notice shares with the farm is shown in the information colour, and a notice matched by its location point is shown as a marker.
Information: each notice, headed by its notice number, with labelled fields such as Matched by (Farm boundary, Location point inside the farm or CNPJ of the owner), Shared land, Share of farm, Notice number, Agency, Type, Severity, Status, Form status, System status, Infraction date, Issued on, Fine (R$), Municipality, State, Offence, Conservation unit, Offender and Linked embargo terms. A notice that names one of the owner's CNPJs shows that CNPJ, including a notice matched on the farm's land. A notice shows only the fields the register records for it.
The coded fields use these values:
Field | Values |
Type | Flora, Fauna, Fishing, Federal Technical Registry, Environmental administration, Environmental control, Environmental quality, Licensing, GMOs and biopiracy, Conservation unit, Urban planning and cultural heritage, Pollution and other environmental offences, Other |
Severity | Low, Medium, Serious |
Status | Issued, Cancelled |
Form status | Issued, Cancelled, Deleted, Replaced |
System status | Printed, Deleted |
A check that has not run at a farm yet says "This check has not run at this farm yet."
Note: Anyone who can open the result can see its details, including the owner's CNPJs that were looked up. If the farm's evidence is shared with a buyer, the buyer can see them too.
Important: The environmental infraction records check lists notices from the IBAMA register edition shown, for your information. A listed notice is a screening result, not a legal finding, and how you use it in your due diligence is your decision.
For the environmental embargoes check, see How do I check a farm in Brazil for IBAMA environmental embargoes? For the forced labour register and indigenous lands checks, see How do I check a farm in Brazil against the forced labour register? and How do I check a farm in Brazil against indigenous lands? For what each status means, see What do the Evidence status labels mean?