Peru Implements New Decree for Hazardous Substances Across Homes Industries and Public Health

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:

• Chemical Products for Industrial Use
• Disinfectants for inert surfaces in domestic, industrial, and/or public health settings, including disinfectant products for water in swimming pools.
• Pesticide products for domestic, industrial, and/or public health use.
• Hazardous products falling under the Rotterdam Convention.

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:

• Sanitary Authorization for chemical products for industrial use.
• Sanitary Authorization for disinfectants intended for commerce in domestic, industrial, and/or public health applications.
• Sanitary Authorization for pesticides intended for commerce in domestic, industrial, and/or public health applications.
• Sanitary Authorization for the importation of disinfectants or pesticides for industrial use and/or public health not intended for commerce.
• Sanitary Authorization for the importation of hazardous products within the framework of the Rotterdam Convention. 

Effective Date The new Regulation will come into effect within six months of its publication date, which is December 2, 2023.