Brazil "REACH" Now Law
My big bold prediction has come true: Brazil "REACH" was adopted into law this year.
?? Law 15.022, published today (15/Nov/2024), is Brazil’s #REACH-inspired framework chemical management law.?
?? Almost a decade in development, the new law will mark a sea change in chemical regulation in the country – and set an important precedent for countries in #LatinAmerica considering similar concepts.
?What does it all mean?
?? Under the new law, Brazil will require manufacturers and importers of non-exempt chemicals produced or imported in quantities over 1 ton per year to register them in a brand-new registration system so that the country can then prioritize chemicals of concern, conduct risk assessments, and ultimately impose risk management measures.
The new law still needs some regulatory infrastructure to be fully operational:
??New Committees
The government will create the Technical Committee for the Evaluation of Chemical Substances and the Deliberative Committee for Chemical Substances, new entities that carry out different roles under the new system.
?? Implementing Regulation
Government has 180 days from now to issue an important implementing regulation that fleshes out details left open in the law.?Officials recently announced that a Working Group will be formed at the next meeting of Brazil’s exemplary interdisciplinary, multistakeholder chemical group, CONASQ, to develop that draft.?It’s worth noting that CONASQ was the group that developed the original text of the new law.
??Registration Platform
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The law gives the government up to three years from now to develop the IT for the new registration platform.?Officials recently announced that they are already beginning work on the consultancy that will create the new system – and it could be ready a good bit sooner than the three year deadline.
??? What does industry need to do now?
Start taking stock of what chemicals you export to Brazil or import into or produce in the country.?Decide if your substances are in or out of scope based on the definitions and exemptions in the new law. Stay informed and begin to think about your registration strategy.
? What's the timeline?
Companies will have three (3) years from the launch of the new online registration system to register their existing chemicals. That final registration deadline, therefore, is over three and up to six years out from today.
??? Brazil’s new law allows a foreign manufacturer to engage a local entity to act a their representative – the first real analog to the EU “Only Representative” in the region.?This OR-style option will be an advantage over the other emerging systems in Chile, Colombia, and Peru for the foreign chemical manufacturer.
?The new era of chemical management in the region continues to solidify.
?? Parabens Brasil!
Be on the lookout for a trustworthy English translation of the new law for purchase and immediate download on AMBIENTELEGAL ACADEMY soon!
Link to new law:
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Hi Melissa! Love your content. Posting here for the benefit of others in the response. Could you confirm if Brazil intends to include articles in their assessments? Or is it too early to know? Thanks!
Advogada e Consultora Jurídica | Compliance | Direito Regulatório | ESG | Rela??es Governamentais
4 个月Very informative!
Manager of Registrtion Division of R&D Center, CIRS China
4 个月Hi，Melissa, thank you for the summary. Ma y we know if pesticide chemical will be regulated by Brazil REACH?
SiChimica - Asesor Riesgo Químico, Programa de Seguridad Química, Auditor Gestión del Riesgo Químico (ISO 45001)
4 个月Gracias Melissa, como siempre, vas un paso adelante.
Great to see this important milestone for Brazil. Happy to confirm that Thaianne Resende H. Fabio from the Ministry of Environment will provide excellent first-hand information during our seminar on Latin America on Monday March 10, live in Boston at ChemCon The Americas 2025! https://chemconconferences.net/upcoming.shtml