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:

• Manufacturers, importers, and distributors of lead-containing paints and coatings would be obliged to secure sanitary authorizations from the National Health Authority before engaging in production or commercialization.
• The authorization application process would necessitate the submission of company information, details of the legal representative, product trade names, safety data sheets, and more.
• A power of attorney would also be required when the process is conducted by a proxy.
• Sanitary authorizations would be valid for five years, with new authorizations required in cases involving formula modifications.

Labelling Requirements:

• Lead-containing paints and coatings would need to incorporate specific information on their labels, including trade names, health authorization numbers, manufacturer information, details of the sanitary authorization holder, net content, lot numbers, production dates, preparation, dosage, application methods, instructions for use, storage conditions, and relevant pictograms, symbols, and danger phrases.
• Labeling information must adhere to the UN Globally Harmonized System (GHS) of classification and labeling of chemicals, which Peru adopted in May 2023.

Sanctions:

• The proposed regulations outline actions that would be considered violations and stipulate corresponding penalties, ranging from fines to the revocation of sanitary authorizations.
• A database of offenders would also be established, with information retained for a period of four years from the date of registration, after which the National Health Authority would take over data collection.

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.

Peru is taking significant steps to regulate the import and production of fertilizers, aiming to enhance sustainable soil management, promote domestic agricultural competitiveness and sustainability, and improve food and nutrition security while ensuring safety, quality, and efficient use of these substances. A notified draft regulation has been proposed, which aims to establish provisions that govern the entire life cycle of fertilizers and similar substances, with a focus on minimizing adverse health and environmental impacts.  

The primary objective of the proposed regulation is to protect farmers and agricultural workers by ensuring the safety, quality, and efficient use of fertilizers. By establishing stringent guidelines for importers and manufacturers, Peru seeks to reduce the potential health risks associated with the use of fertilizers. The regulation aims to enhance farmer awareness and provide them with safe and reliable products, thereby safeguarding their well-being and promoting sustainable agricultural practices. 

Peru recognizes the importance of promoting the competitiveness and sustainability of its domestic agriculture sector. The proposed regulation seeks to create a level playing field for farmers and increase their access to high-quality fertilizers. By encouraging sustainable soil management practices, the regulation aims to enhance soil fertility, reduce environmental degradation, and preserve natural resources. These measures will contribute to long-term agricultural productivity, economic growth, and the country's overall food security. 

Food and nutrition security is a pressing concern globally, and Peru is no exception. The proposed regulation addresses this urgent problem by focusing on the efficient use of fertilizers to improve crop quality and yield. By optimizing the nutritional value of agricultural products, Peru aims to enhance the availability of diverse and nutritious food for its population. This regulation will help combat malnutrition, promote healthier diets, and contribute to the overall well-being of the nation. 

The proposed regulation recognizes the potential adverse health and environmental impacts associated with the use of fertilizers. To mitigate these risks, the regulation sets forth strict standards for import, production, labeling, handling, storage, and distribution of fertilizers. Compliance with these standards will help ensure that fertilizers meet safety and quality requirements, minimizing the presence of harmful substances in food and reducing environmental contamination. By adopting responsible practices, Peru aims to safeguard human health, protect ecosystems, and preserve water resources and biodiversity. 

The draft resolution is in its consultation phase since June 2023 for a period of 90 days and will also be analyzed by the Andean Community (CAN) and the World Trade Organization (WTO).