Chile Regulatory News

On 2 May 2023 the Chilean Ministry of the Environment (MMA) published Resolution No. 410/2023 that requests producers (including importers) of priority products to declare the quantity of products the...

On 2 May 2023 the Chilean Ministry of the Environment (MMA) published Resolution No. 410/2023 that requests producers (including importers) of priority products to declare the quantity of products they have introduced to Chile during 2022. The Resolution relates to the EPR Law (Law 20920; Establishment of a Framework for Waste Management, Extended Producer Responsibility and Recycling) that requires producers of priority products to create management systems to meet mandatory take-back targets. The requested information must be submitted by 30 June 2023 through the website of the Pollutant Release and Transfer Register.

Resolution No. 410/2023 applies to producers of the following priority products:

• Lubricating oils

• Electrical and electronic equipment

• Batteries and small batteries

• Containers and packages (including those producers that introduce in the market less than 300 kg of containers, reusable containers and containers belonging to the subcategory "others")

• Bicycle, wheelchair, and solid tires

• Newspapers and magazines

Under the EPR law a producer of a priority product is defined as any who:

• sells a priority product for the first time in the national market,

• sells a priority product acquired from a third party that is not the first distributor under its own brand

• imports a priority product for their own professional use

Producers must report the amount of priority products in cubic meters and/or tons brought into the Chilean market during 2022.

On April 21, 2023, Chile approved a Technical Guide of Recommendation for the Labelling of Cosmetic Products. This regulation aims to provide guidelines on packaging and labeling requirements to ensur...

On April 21, 2023, Chile approved a Technical Guide of Recommendation for the Labelling of Cosmetic Products. This regulation aims to provide guidelines on packaging and labeling requirements to ensure the safe use of cosmetics in Mexico. The regulation lists specific labeling requirements that manufacturers or importers of cosmetic products must adhere to, such as product denomination, cosmetic use, health registry number, registry number, series, validity period, net content, country of origin, manufacturer/importer/owner, use mode, warnings, specific labeling for special products, ingredients, and storage and conservation conditions.

The objective of this regulation is to promote the protection of the health conditions of the Mexican population by reducing the risks associated with the use of cosmetic products. Compliance with these requirements will be monitored by the Institute of Public Health and the Ministry of Health, who will serve as the regulatory authorities.

It's important to note that this regulation applies specifically to cosmetic products marketed in Mexico, regardless of their country of origin. Manufacturers and importers must ensure that their products comply with these labeling requirements before they can be sold in the Mexican market. Failing to comply with these requirements could result in fines or other regulatory actions. Therefore, manufacturers and importers should pay close attention to this new regulation and ensure that their products meet all the requirements listed in the Technical Guide of Recommendation for the Labelling of Cosmetic Products.

On 11 January 2023, the Chilian environmental authority approved Resolution 15 which aims to control the import of hazardous substances to the country and authorizes the GHS-based “List of Classific...

On 11 January 2023, the Chilian environmental authority approved Resolution 15 which aims to control the import of hazardous substances to the country and authorizes the GHS-based “List of Classification of Substances”. Additionally, Resolution 15 includes a list of substances and mixtures that are classified as dangerous.  

Hazardous chemicals listed in Table 1 of Article 5 of the Resolution require importers to obtain a Customs Destination Certificate and an Authorization of Import, Use and Disposition. The Regional Secretariats of Environment are responsible for the authoring of these documents. 

The list of substances is, nevertheless, not exhaustive, and therefore, some hazardous chemicals are subject to additional specific regulations that are not covered by Resolution 15. These are among others: hazardous chemicals that are considered weapons; liquids and gases of general use; ozone layer-depleting substances; radioactive substances; equipment that generates ionizing radiation; formulations of pesticides for exclusive agricultural use; and chemical weapons. Importers of these chemicals must comply with the specific regulations that apply to them. 

The Chilean Ministry of Health has revised its import controls for hazardous substances, aiming to streamline some aspects of the process and align the list with the GHS classification system. The upd...

The Chilean Ministry of Health has revised its import controls for hazardous substances, aiming to streamline some aspects of the process and align the list with the GHS classification system. The updated list is outlined in Resolution 15/2023, which replaces Resolution 408/2016, and was published in the Official Gazette on January 11th. The new standard categorizes substances by hazard type in accordance with the GHS classification, and also includes a list of exempt substances, review procedures, and a simplified process for importing lower-risk substances. Importers of listed substances must now request custom destination certificates and use and disposal authorizations through a digital portal. The custom destination certificates and use and disposal authorisations will be reviewed and approved or denied by regional health ministerial secretariats. Inspections may also be conducted to verify the conditions of the imported substances or mixtures. Substances that do not pose risks to human health will be granted permits upon verification of required documentation.

The new regulations will be phased in gradually to align with the GHS implementation schedule, with non-industrial use substances being affected from 9th of February, industrial use mixtures from 9th of February 2025, and non-industrial use mixtures from 9th of February 2027.

Substances that are exempt:

• Explosives;
• liquids and gases for energy use;
• radioactive substances or equipment that generates ionizing radiation;
• substances depleting the ozone layer that only present danger to the environment;
• pesticides exclusively for agricultural use;
• substances regulated by the Chemical Weapons Convention.

The "Waste Management, Extended Producer Responsibility and Recycling Promotion" Bill No 20.920, popularly known as "The Bill" or "REP Bill," emphasizes waste generation reduction and recycling promot...

The "Waste Management, Extended Producer Responsibility and Recycling Promotion" Bill No 20.920, popularly known as "The Bill" or "REP Bill," emphasizes waste generation reduction and recycling promotion. It holds importers and producers financially responsible for properly managing the waste produced by goods sold on the domestic market. The goals of the Bill are to reduce waste creation and increase garbage reuse by up to 30%. By internalizing the costs and unfavorable externalities related to waste management.  

Moreover, another bill called the Bill of Natural Resources and Environment which aims to ensure that waste producers do not escape their responsibility for their waste. The Bill establishes the concept of "Extended Producer Responsibility (EPR)," which requires importers and producers of specific goods designated as "priority products" to plan and finance the collection and treatment of the waste using a management system. 

Even though the Extended Producer Responsibility Act has been in effect since the middle of 2016, there are some provisions that, to be enforced, call for a competent authority to issue Supreme Decrees outlining the instruments intended to prevent waste production and advance its valuation. 

In 2022 the environment ministry of Chile released its biennial regulatory program, which includes plans to increase extended producer responsibility and put a special emphasis on information availability. There is no deadline for the government to disclose its Risk Assessment Resolution on the agenda. A period of 18 months was set forth by Supreme Decree 57/2021 on 9 February 2021 for the country to pass the resolution. 

The priority products covered by any supreme decree that establishes recollection objectives must be mentioned by it. This includes the classifications or subcategories it enforces, the recall objectives, the related duties, the producers it binds, and the limitations placed on an individual or collective management systems. 

Every two years manufacturers and importers of dangerous substances have to notify the environmental authority. The first notification deadline due on February 2024.  Any manufacturer or importer...

Every two years manufacturers and importers of dangerous substances have to notify the environmental authority. The first notification deadline due on February 2024. 

Any manufacturer or importer of a substance as such and any importer of a dangerous substance contained in quantities equal to or greater than one tone per year (TPA) must notify the environmental authority in the Substance Notification System, through the Single Window of the Environmental Authority portal. As it is stated in art 294 of Decree 57, the notification must be made every two years, with a deadline of 30 August, considering what was manufactured and imported in the previous two calendar years.   

However, the first notification must be made until February 2024, for substances for industrial use and in the fourth year for substances for non-industrial use. The information to be provided should include elements such as: 

• name, address, telephone, and email address  

• name of the substance and number of the American Chemical Society  

• hazard classification(s) of the substance indicating the class and category of hazard 

• amount of substance manufactured or imported per year expressed in mass ranges 

• intended uses.  

In the case of substances contained in mixtures, the corresponding use of the mixture must be indicated.   

Once the notification has been made, the Ministry of the Environment will issue a Resolution with all the notified substances, until 31 December of that same year. This is part of a current new regulation that the Chilean government is implementing, and its process is ruled by Title VI of Decree 57 which is the result of the country’s commitments as an OECD party. These harmonized labelling and classification of chemicals are obligations that Chile is complying with to facilitate international trade and protect human health and the environment.  

Chile approved the uniformized Regulation on Classification, Labelling and Notification of Hazardous Chemicals and Mixtures by Decree 57 on 26 November 2019. In publishing Decree 57 Chile formally accepts the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals. Under article 270 of Decree 57, the supplier of a hazardous substance or mixture must provide its recipient with a Safety Data Sheet (SDS). Title V of this Decree describes its requirements and obligations, as well as specifies what information must be included in each section of the registration.   

The Chilean Ministry of Health opened, on 22 August, 2022, a consultation on proposed amendments to the Chilean Food Health Code. The proposals would completely modify Title III of the Code – which ...

The Chilean Ministry of Health opened, on 22 August, 2022, a consultation on proposed amendments to the Chilean Food Health Code. The proposals would completely modify Title III of the Code – which regulates food additives – by eliminating 15 of its 30 articles, and replacing a further 14 articles. Only one article – on the definition of food additives – would be left untouched. 

In addition to the Codex Alimentarius, the new rules establish regulations in the EU (EFSA specifications) and the US (Food Chemical Codex and FDA specifications) as secondary options to assess the identity and purity of food additives.  

Furthermore, the Chilean authorities would establish a technical norm listing allowed food additives and their authorized uses, use conditions, and limits. The Ministry of Health has already drafted this technical list, on which comments can also be submitted during the consultation period. 

Finally, the rules also address the labelling obligations for food additives. 

The drafts are open for consultation until November 30, 2022. They can be accessed on the Ministry’s website.