Peru advances in the development of chemical substance management law

On July 26, the Ministry of Environment of Peru published a draft for Legislative Decree No. 1570.

The main purpose of this new regulation is to complement and implement Legislative Decree No. 1570 published on May 28, 2023, which approves the Law on Integral Management of Chemical Substances in Peru.

This law seeks to regulate the safe handling of chemical substances and protect public health and the environment. The associated regulation provides clear guidelines on the identification, classification and management of risks related to these substances. Its application affects various industries, promoting responsible and sustainable chemical.

Context of Legislative Decree No. 1570

Legislative Decree No. 1570 is enacted in a scenario where the use of chemical substances has become predominant in various industrial and agricultural activities.

Background

Growing industrialization and technological development have increased the production and use of chemical substances in Peru. However, this boom has brought with it certain risks that affect human health and the environment. Historically, the lack of strict regulation has led to incidents and contamination, which has made evident the need to establish a robust regulatory framework to manage these substances effectively.

This situation has led the Peruvian State to recognize the importance of protecting its citizens and natural resources.

Objectives of Chemical Substance Management Law

• Promote Public Safety and Health
• Environmental Protection
• Compliance with International Standards

The draft of Legislative Decree No. 1570 includes:

1. Obligations for Manufacturers and Importers: Manufacturers and importers have specific responsibilities, including:
   • Registering all chemical substances they produce or import according to the provisions established by the Ministry of Environment and other competent entities.
   • Providing information related to the chemical composition, properties, and associated risks of each substance, thus contributing to the transparency of chemical management in the country.
   • Updating their registration in case of changes in the composition, use, or classification of the registered chemical substances.
2. Obligations of Chemical Substance Users: Proper management of chemical substances is vital to ensure the safety of workers and the environment. Therefore, users of these substances must comply with strict obligations to ensure responsible handling in accordance with current regulations.
3. Obligations of Public Entities: Ensure that relevant information is updated and available. Train and raise awareness. They must implement monitoring systems. Verify that standards and guidelines are being complied with.
4. Specific Risk Reduction Measures: To reduce the risk associated with the handling of chemicals, it is essential to implement specific measures. These actions go beyond simple evaluation and seek to prevent incidents that could compromise public health and the environment. Two of the most relevant measures are packaging and repackaging of substances, and labeling and safe handling.

National Register of Chemical Substances (RENASQ)

The National Register of Chemical Substances (RENASQ) is a fundamental component of the Chemical Substance Management Law, as it allows the systematization and monitoring of the management of these substances in Peru. Its establishment promotes safer and more transparent management in the use of chemical products in various industries.

Scope of Application

Legislative Decree No. 1570 will specify the scope of application, detailing the industrial sectors, domestic use, and any other context where chemical substances are used. This ensures that all organizations and individuals managing these substances comply with the stipulated regulations.

Responsibilities of Producers and Distributors

In the context of chemical substance management, producers and distributors play a crucial role. Their responsibilities include providing accurate information about the products and implementing safety protocols to ensure the proper handling of chemical substances.

Impact on Industry and Commerce

The implementation of the new regulation will significantly affect the dynamics of industry and commerce in Peru. Companies will adapt to the upcoming legal requirements to ensure responsible handling of chemical substances.

• Alignment with international standards
• Enhancement of business reputation

Public Consultation Process

The Ministry of Environment has made the draft of Legislative Decree No. 1570 available to the public on its digital platform.

This proposed regulation is fundamental to improving safety and sustainability in chemical product management. By establishing clear guidelines and responsibilities, it aims to mitigate risks to human health and the environment, thereby ensuring a safer future for all.