Summary of Legislation
On November 13th, 2024, Law # 15,022/2024 was published, establishing the National Inventory of Chemical Substances in Brazil. This regulation aims to minimize adverse impacts on public health and the environment by introducing a risk assessment and control system for chemical substances produced or imported into the national territory. The law was widely discussed with the private sector, ensuring a collaborative approach.
Main Aspects
– National Registry of Chemical Substances: Manufacturers and importers that work with quantities equal to or greater than one ton of chemical substances annually must register. This requires comprehensive information, including producer identification, hazard classification, and recommended uses.
– Assessment Criteria: The legislation establishes strict criteria for the selection and prioritization of substances, considering factors such as persistence, toxicity, and potential for human and environmental exposure.
– Control Measures: Risk management measures may include restrictions on production and use, prior authorization requirements, or even prohibiting certain substances.
– Registration Fee: The law establishes a Registration, Evaluation, and Inspection Fee for Chemical Substances applicable to manufacturers and importers. The regulation must be issued within 180 days, with an additional 3-year period to develop the systems necessary for the inventory implementation.
Implications for Industry: Opens a new chapter for managing chemical substances in Brazil, similar to legislation such as REACH in the European Union. Companies that export, manufacture, or import chemical substances in quantities exceeding one ton annually must assess the applicability of the new legislation. Implementation requires that, if their substances are not exempt, companies complete the initial registration within the established period, which begins with the availability of the new online registration system.
Platforms and Systems for Implementation: The government will have up to 3 years to develop the electronic systems necessary to implement the inventory. This system will be essential for achieving an effective registry and managing information related to chemical substances. Companies should be aware of these developments, as the completion of this system will trigger the start of the registration schedule for substances covered by the law.
Future Perspectives: The regulation of the law is in the drafting phase and should be completed soon, with an interdisciplinary committee (CONASQ) responsible for developing the project. The government is also in the final stages of engaging with consultants to create the registration platform.
Opportunities and Challenges: It is worth noticing that the legislation allows foreign manufacturers to register their substances through a local agent, assuming the typical responsibilities of an importer.
Conclusion: The new legislation represents a significant advance for managing chemical substances in Brazil, establishing a modern and comprehensive regulatory framework. Continuous monitoring of regulatory developments is crucial to ensure compliance and safety in the market.
How Grupo Vigna Brasil Can Help: In addition to our commitment to keeping our clients properly informed about regulatory updates in the sector, Vigna Brasil Group has specialized teams at your disposal to offer complete solutions in licensing and regularization of companies and their respective products in various categories, including chemicals.
Contact us and find out how we can help your company in this new regulatory challenge, thus ensuring full compliance with the legal requirements brought by this new law.
Access the Law by the link:
https://www.in.gov.br/en/web/dou/-/lei-n-15.022-de-13-de-novembro-de-2024-596246409