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Peru's Formal Implementation of the GHS

Posted Date:2023/8/4 1

On May 28, 2023, the Peruvian Ministry of the Environment (MINAM) issued Decree No. 1570. This decree establishes the legal framework for the integrated management of chemical substances in Peru. By enacting the decree, Peru bypassed the parliamentary process, thus speeding up the implementation of the legislation. Peru thus becomes the fourth country in Latin America, after Brazil (where similar legislation was recently passed by the Chamber of Deputies and is currently under consideration by the Senate), Chile and Colombia, to adopt a REACH inspired framework for chemicals regulation.

Decree-law No. 1570 sets out the framework of Peru's chemical management system and includes the following elements (the following are some of the elements in the legislation, see the specific Decree-law: DECRETO LEGISLATIVO: Nº 1570) :

I. National Register of Chemical Substances (RENASQ)

Article 7 of the Decree: National Registration of Chemical Substances (RENASQ)

The National Register of Chemical Substances (RENASQ) was created as a systematic mechanism for information on hazardous chemical substances, with the aim of updating data on domestically produced and imported chemical substances, including their manufacturers and importers, for the management and control of risks associated with chemical substances. RENASQ is linked to the National Environmental Information System (SINIA) and is regulated by the Ministry of the Environment (MINAM). The information required for RENASQ registration is as follows:

a) Details of the manufacturer or importer, as well as supplier information.

b) Identification of the chemical substance, including IUPAC nomenclature and CAS (Chemical Abstracts Service) number, if any.

c) Recommended uses of chemical substances.

d) The quantity of chemical substances manufactured or imported.

e) Contents of the Safety Data Sheet (SDS).

f) In accordance with the provisions of article 9 of this Act, a risk assessment shall be carried out for the health and environment of chemical substances, if applicable.

II. Implementation of the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS)

Article 6 of the Act: Classification of Hazards, Labelling of chemical Substances and Safety Data Sheets (SDS)

The hazard classification, labelling and SDS are produced in accordance with the requirements of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) and the Act, with the competent authorities being the Ministry of Health (MINSA) and the Ministry of Environment (MINAM). The provisions of this Act contain a hazardous classification list of chemical substances, which is updated at least every two years and issued by the Ministry of the Environment (MINAM) after being reviewed by the Ministry of Health (MINSA) and the Ministry of the Environment (MINAM).

III. Risk assessment of chemical substances to health and the environment

Article 9 of the Decree - Risk assessment of chemical substances to health and the environment

The assessment of the risks of chemical substances to health and the environment is submitted to the Ministry of Health (MINSA) for production guidelines after obtaining technical advice from the Ministry of the Environment (MINAM).

At a minimum, the risk assessment guidelines consider determining the physical and chemical properties of the chemical, its effects on ecosystems, its effects on human health, and the environmental behaviour and evolution of the chemical in the environment.

The provisions of this Act set out the approval procedure for the assessment of the risks of chemical substances to health and the environment, with a maximum period of seventy-five working days.

IV. Effective time

This Act shall enter into force on the date of publication of its regulations in the Official Gazette of Peru. Except for the second final supplementary clause and the only modified supplementary clause, the validity of which shall be effective from the date of publication of these Rules. Many details on the elements of the chemical substances management framework (regulations, regulations, standards) are expected to be published within a year, including:

1. Classification list of dangerous chemical substances;

(b) the scope, implementation and operation of RENASQ, including certain technical conditions exempt from RENASQ;

3. Approval of risk assessment procedures;

4. Specific implementation process of risk management.