The regulatory landscape in Latin America is changing fast!

25 Aug 2022

Las Regulaciones Químicas de América Latina Están Cambiando Rápidamente, Muy Rápido

It's not time for a Siesta!

As most of you are aware, chemical regulation in Latin America has been slow to evolve over the past several years; however,  there have been some recent developments in three countries in particular, and it is anticipated that even more change is coming.

Chile:
In 2022, Chile published its modern chemical regulation, Decree 57, Regulation on Classification, Labeling, and Notification of Hazardous Chemicals and Mixtures. Based loosely on the Organization for Economic Co-operation and Development (OECD) and EU models, Decree 57 and its implementing standards, including Resolution 777/2021, aim to make a holistic change to the way chemicals are regulated. Decree 57 sets out both Chile's Globally Harmonized System of Classification and Labelling of Chemicals (GHS) for industrial and consumer products, as well as its version of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) Regulation.

Colombia:
Colombia joins Chile as the second country in Latin America to enact its comprehensive chemical regulation under Decree 1630/2021. The new REACH-inspired decree applies to industrial chemicals identified as hazardous by GHS that are manufactured or imported in quantities over 100 kg per year. 

Brazil:
Brazil has also taken an important step towards enacting a framework national chemical law inspired by EU REACH and Canada's Chemicals Management Plan (CMP). The head of the Committee in the Chamber of Deputies analyzing the bill voted for its approval, with important changes that bring it closer to an earlier version developed by Brazil's admired Comissão Nacional de Segurança Química (CONASQ).

National Chemicals Inventory Laws:

Country	Type of Proposal	Status	Proposal
Argentina	Legislative	Pending Congress	Bill 4339-D-2019
Brazil	Legislative	Pending Congress	PL 6120/2019
Chile	Agency Action	Enacted	Decree 57/2021 Resolution 777/2021
Colombia	Agency Action	Enacted	Decree 1630/2021
Mexico	Legislative	Not yet drafted
Peru	Legislative	Drafted – not yet presented in Congress	Not available

So, what do you need to know?

At this point, Chile is the only Latin American country requiring registration of chemical substances. However, Brazil and Colombia will require this information very shortly. For example, in Colombia you will need to register your substances before 30 May 2025. You will need to collect, organize, and report specific use, exposure as well as quantity information for any substances on the marketplace in these countries. You will also be required to have a Safety Data Sheet (SDS) in the respective language and follow specific GHS rules that have been adopted for each country.

Do you need assistance, or have any questions?

Do you have questions about this topic, or require assistance with registration and compliance in Latin America? Please do not hesitate to contact our experts at Intertek Assuris—we're here to help!  

References

Argentina – Bill 4339-D-2019
Brazil – PL 6120/2019
Chile – Decree 57/2021 and Resolution 777/2021
Colombia – Decree 1630/2021
Mexico – 2019 Policy