I. Regulatory context and paradigm shift
The Board of Directors of the Brazilian Health Regulatory Agency issued Board Resolution (RDC) No. 1,038/2026, which addresses sanitary safety in airports and aircraft and establishes obligations for airport operators, airlines and third-party service providers. The rule fully revokes RDC No. 2, of January 8, 2003, which had approved the Technical Regulation for sanitary inspection and control in airports and aircraft, and will enter into force 150 days after publication. RDC No. 2/2003 placed a strong emphasis on sanitary documentation, on-site inspection and detailed operational annexes. Its central focus was to prevent the introduction and spread of diseases and to control vectors. RDC No. 1,038/2026 shifts that focus to “sanitary safety,” defined as maintaining good sanitary practices in order to promote and protect public health, preventing and controlling risks.
The regulation is now structured around obligations of regulated agents, with technical-operational plans and a Quality Management System (QMS) as the backbone for larger airports and operations. The change represents a paradigm shift: from the traditional model of inspection and documentary control (based on prescriptive charts and checklists) to a model of sanitary risk and quality management, centered on obligations, plans and accountability across the chain of service providers.
II. Main innovations of RDC No. 1,038/2026
- Scope: applies to private or public legal entities carrying out airport administration, scheduled and non-scheduled airlines carrying passengers or cargo, third-party service providers, assignees and lessees, as applicable.
- New airport classification: introduces a classification into domestic, international and designated airports. Additionally, classifies airports by number of passengers processed (Classes I, II, III and IV), pursuant to RBAC No. 153, calibrating requirements to size and risk.
- Quality Management System (QMS) – core innovation: entirely new, the QMS is mandatory for operators of Class III and IV airports and designated airports, and for scheduled passenger airlines operating aircraft with sanitary or hydraulic installations.
- Chain accountability and outsourcing: regulates the relationship with third-party service providers in detail, through: (i) formal contracts defining functions and responsibilities; (ii) subcontracting subject to prior assessment and approval by the original contracting party; (iii) the contracting party being responsible for the compliance of activities, including those of subcontractors; qualification, selection, approval and monitoring documented in the QMS. Provides for individual or joint liability among airport operators, airlines and service providers, according to the nature of the infraction, the degree of control and the sanitary risk involved.
- Mandatory registration with ANVISA: registration of airports (by operators) and of air operators (by airlines) with ANVISA becomes mandatory. Updates must be submitted annually and whenever there are changes, including the list of third-party service providers.
III. What does this mean for the sector?
RDC No. 1,038/2026 raises the sanitary-compliance standard in the airport and aviation sector, with direct implications for infrastructure operators, airlines and service providers.
Airport operators, airlines and service providers are advised to carry out, as soon as possible, a compliance diagnosis (gap analysis) against the new rule, prioritizing the structuring of the QMS, the preparation of the mandatory plans, the review of the outsourcing contractual framework, and compliance with registrations and transition deadlines, so as to mitigate sanitary, contractual and liability risks.