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Welcome to GPC Peru - Regulation

Peru has not adopted GHS or any further enhanced policy for sound chemical management. Nonetheless, there has been an increase in activity related to the topic in recent years. Influenced by the regional and national trend, Peru published a sound management chemical bill in June 2020. It intends to adopt GHS guidelines and implement an improved chemical management system on single legislation (likewise Chile). The Regulation and Control of Dangerous Substances and Similar for Domestic, Industrial and/or Public Health Use proposes to create a national register of chemicals; the classification and labeling of substances; a health and environmental risk assessment process; and 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 who intend to deal with chemicals (sanitary authorization), which would be renewed every 3 years. The regulation is under the Health Ministry's custody and went under public consultation in September 2020.

 

Currently, no further information, amendments, or changes has been disclosed yet (until this publication date). There is a possibility that the chemical legislation proponents are waiting for the change of government consolidation (scheduled for June 2021) to then present the proposal, given a similar delay with their neighbors, Brazil and Argentina when under the same circumstances (see respective sections).

Adoption of GHS

 Peru has not adopted GHS or any further enhanced policy for sound chemical management.

According to the Ministry of Environment of Peru (MINAM), Peru accepts GHS SDS containing 16 sections on a voluntary basis (although not specified in the GHS revision). Moreover, an example of labeling requirements is provided by the Ministry of Labor.

National Regulation

Status

Draft (public consultation ended on September 24, 2020)

Regulation name

Regulation and control of dangerous substances and similar for domestic, industrial, and/or public health use

Reglamento de regulación y control de sustancias peligrosas y similares de uso doméstico, industrial y/o en salud pública - link

Objective

Regulate Chapter VI of Title II of Law 26.842, General Health Law, developing the regulation and control of dangerous substances and similar for domestic, industrial, and/or public health use; to ensure the protection of human health, safety, and hygiene to prevent damage that could be caused by these products due to their improper selection, handling, and use

Scope

Chemicals and mixtures (imported and produced)

Further

substance lists

Draft article 39 deals with several prohibited and restriction list with special arrangements to comply

Exemption

The Decree does not apply to pharmaceutical products (narcotic drugs, medicines for human use, and psychotropic substances), food additives, hydrocarbons and their derivatives, products for disinfection of medical devices, agricultural and veterinary use, and chemicals supplies and controlled products

Affected stakeholders

Individuals interested in manufacturing, importing, distributing, trading, and storing chemicals

Requirements

The following information is requested to be presented:

·                     company's information

·                     chemical toxicity information

·                     classification and labeling

·                     health and environmental risk assessment

·                     risk management (for CMR or hazard substances)

·                     SDS

Non-compliance

Non-compliance is addressed with a fine (slight, serious, and very serious), in addition to civil and penal sanctions. Fines' value is between 10 and 40 UIT. 1 UIT ≈ 1.000 EUR

Comments

Main authority is Dirección General de Salud Ambiental (DIGESA). It is necessary to acquire a sanitary authorization (valid for 3 years) through which manufacturing, importation, distribution, trade, and storage are possible

SDS / GHS Regulation

Status

Draft (public consultation ended on September 24, 2020)

Regulation name

Legislation:
Reglamento de regulación y control de sustancias peligrosas y similares de uso doméstico, industrial y/o en salud públicalink

Language

Spanish

Comments

The implementation of GHS and chemical regulation will happen concomitantly in Peru (based on the current draft)

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