Brazil REACH: Brazilian Chemical Management Law Entered into Force
Brazil Takes a Step to Ensure Chemical Safety with REACH
On November 15, 2024, the Brazilian Chemical Management Law No. 15.022, an adaptation of the REACH Regulation, came into force. However, it should be noted that this regulation is not equivalent to the EU REACH Regulation.
Similar to the adaptation of the KKDIK Regulation in Turkey, the implementation of Brazil’s REACH marks an important step toward ensuring chemical safety in Brazil.
Over the next three years, the Brazilian government will establish a new registration system. Following its implementation, companies will have three years to include their chemical substances in Brazil's inventory. Therefore, the registration process is expected to take three to six years.
In this new system, a sole representative system, similar to that of the European Union, will also be established. According to the Brazilian REACH Regulation, chemical substances used in production or import activities reaching one ton per year must be registered prior to commencing these activities. Additionally, data on the hazard classification, uses, and production volumes of the chemical substance must be provided under the Globally Harmonized System for chemical labelling. For chemicals listed in the national chemicals inventory, any new planned uses or changes in relevant data must also be re-registered by March 31 of the following year. Finally, providing additional information for substances classified as hazardous is one of the regulation's requirements.
Certain chemicals are exempt from registration obligations. These include radioactive substances, substances under development, substances used solely for research purposes, materials that may be used for national security, non-isolated reaction intermediates, and waste. However, components may need documentation if they meet specific criteria.
The regulation also stipulates that animal testing should be used solely as a last resort when all other alternatives are insufficient to determine the risks posed by substances.
Under Brazilian REACH, individuals or entities involved in the manufacture or import of products are advised to review the regulation and check whether their chemical substances are subject to exemptions.