The regulatory landscape in Latin America is changing fast!

Las Regulaciones Químicas de América Latina Están Cambiando Rápidamente, Muy Rápido

25 August 2022

It's not time for a Siesta!

As most of you are aware, chemical regulation in Latin America has been slow to evolve over the past several years; however,  there have been some recent developments in three countries in particular, and it is anticipated that even more change is coming.

Chile:
In 2022, Chile published its modern chemical regulation, Decree 57, Regulation on Classification, Labeling, and Notification of Hazardous Chemicals and Mixtures. Based loosely on the Organization for Economic Co-operation and Development (OECD) and EU models, Decree 57 and its implementing standards, including Resolution 777/2021, aim to make a holistic change to the way chemicals are regulated. Decree 57 sets out both Chile's Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for industrial and consumer products, as well as its version of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) Regulation.

Colombia:
Colombia joins Chile as the second country in Latin America to enact its comprehensive chemical regulation under Decree 1630/2021. The new REACH-inspired decree applies to industrial chemicals identified as hazardous by GHS that are manufactured or imported in quantities over 100 kg per year. 

Brazil:
Brazil has also taken an important step towards enacting a framework national chemical law inspired by EU REACH and Canada's Chemicals Management Plan (CMP). The head of the Committee in the Chamber of Deputies analyzing the bill voted for its approval, with important changes that bring it closer to an earlier version developed by Brazil's admired Comissão Nacional de Segurança Química (CONASQ).

National Chemicals Inventory Laws:

Country

Type of Proposal

Status

Proposal

Argentina

Legislative

Pending Congress

Bill 4339-D-2019

Brazil

Legislative

Pending Congress

PL 6120/2019

Chile

Agency Action

Enacted

Decree 57/2021

Resolution 777/2021

Colombia

Agency Action

Enacted

Decree 1630/2021

Mexico

Legislative

Not yet drafted

 

Peru

Legislative

Drafted – not yet presented in Congress

Not available

So, what do you need to know?

At this point, Chile is the only Latin American country requiring registration of chemical substances. However, Brazil and Colombia will require this information very shortly. For example, in Colombia you will need to register your substances before 30 May 2025. You will need to collect, organize, and report specific use, exposure as well as quantity information for any substances on the marketplace in these countries. You will also be required to have a Safety Data Sheet (SDS) in the respective language and follow specific GHS rules that have been adopted for each country.

Do you need assistance, or have any questions?

Do you have questions about this topic, or require assistance with registration and compliance in Latin America? Please do not hesitate to contact our experts at Intertek Assuris—we're here to help!  

References

Argentina – Bill 4339-D-2019
Brazil – PL 6120/2019
Chile – Decree 57/2021 and Resolution 777/2021
Colombia – Decree 1630/2021
Mexico – 2019 Policy

 

Dan Bastien Intertek headshot

Dan Bastien,
Associate Director, Chemicals Group 
Intertek Assuris

Today's expert blogger is Dan Bastien. Dan is the Associate Director of the Intertek Chemicals Group and is well known for his ability to effectively characterize and communicate the impacts of the regulatory environment on the chemical Industry. Dan is a subject matter expert in Canada with specific experience in the Chemical Management Plan (CMP), which includes Canada's New Substances Notification Program and the Assessment of Existing Substances. He has presented on these topics at numerous conferences around the world, held training sessions for the chemical industry, and co-authored guidance documents and other types of publications in Canada. Prior to joining Intertek, Dan managed, for over 20 years, the Client Services Unit of the New Substances and the evaluation of Existing Substance programs under the CMP. This makes Mr. Bastien uniquely qualified to provide practical, best-in-class service to help meet and understand Global Chemicals Management requirements.