Peru has not adopted GHS and therefore any further enhanced policy for sound chemical management. Nonetheless, it was observed an activity increase related to the topic in the last years. Influenced by the regional and national trend, Peru published a sound management chemical bill in June 2020.
Peru intends to adopt GHS guidelines and implement an improved chemical management system on a single legislation. The “Regulation and Control of Dangerous Sub-stances and Similar for Domestic, Industrial and/or Public Health Use” proposes to create a national register of chemicals, establish the classification and labeling of substances, to impose health and environmental risk assessment process, and to provide for the risk management measures for substances that are hazardous to the environment, or are carcinogenic, mutagenic or toxic to reproduction. The draft also proposes certification to those intended to deal with chemicals (called sanitary authorization), which would have to be renewed every 3 years.
The regulation, under the Health Ministry’s custody, went under public consultation in September 2020.
Dec-06-2023
Peru has issued a Supreme Decree (DS 031-2023-SA) that complements the Decree 1570 for management of Chemical Substances, introducing comprehensive regulations for hazardous substances used in household, industrial, and public health applications. The decree adopts the Globally Harmonized System (GHS) for classification and labeling, covering products such as industrial chemicals, disinfectants, pesticides, and hazardous substances under the Rotterdam Convention.
The Regulation applies to both individuals and companies involved in activities related to the import, manufacturing, formulation, elaboration, distribution, commercialization, storage, use, handling, and disposal of hazardous substances designated for domestic, industrial, and/or public health applications as classified in the new Decree.
The new Decree encompasses the following finished products:
The initial exemption section specifies that the new rules do not extend to:
a) Pharmaceutical products, including narcotic drugs, medicines for human use, and psychotropic substances.
b) Food additives.
c) Hydrocarbons and their derivatives.
d) Disinfection products for medical devices.
e) Products for agricultural and veterinary use.
f) Chemical inputs and controlled products.
g) Radioactive chemical substances.
h) Chemical substances susceptible to use in chemical weapons as per national laws.
i) Methyl and ethyl alcohol regulated by local laws on methyl alcohol.
The new Decree signifies the adoption of GHS for the classification, labeling, and Safety Data Sheets (SDS) for the covered substances.
The new Decree also outlines detailed requirements and processes for authorization, renewal, and modification of authorization for various product categories, including:
Effective Date The new Regulation will come into effect within six months of its publication date, which is December 2, 2023.
Sep-06-2023
Peru's General Directorate of Environmental Health and Food Safety (DIGESA) has introduced a new set of regulations designed to establish authorization and labeling standards for paints and coatings containing lead. These regulations, which were officially unveiled in a notification to the World Trade Organization (WTO) on August 16, aim to implement a law enacted in 2021 that imposed restrictions on lead levels in such products.
Under the 2021 law (No. 31182), a maximum lead content limit of 90 ppm or 90 mg/kg by weight of the total content was imposed on products manufactured, imported, distributed, and marketed within the country. Interested stakeholders and the public have the opportunity to submit comments on these proposed regulations until October 15.
Key provisions within the proposed regulations include:
Sanitary Authorizations:
Labelling Requirements:
Sanctions:
These regulations represent a vital step in aligning Peru with global standards in managing lead-based paints and coatings to ensure the safety and well-being of the public.
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