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Brazil Adopts REACH-Style Law to Manage Chemical Substances

REACH
25
November 2024
•
450
Dr Steven Brennan
Learn about Brazil REACH, the new Law No. 15,022, which introduces a National Chemical Inventory.
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Summarise this article

Brazil’s new Law No. 15,022, dubbed "Brazil REACH," establishes a National Inventory of Chemical Substances to regulate chemicals used, produced, or imported within the country. Inspired by the EU’s REACH framework, the law aims to protect public health and the environment by requiring detailed registration and evaluation of substances exceeding one tonne annually. Key requirements include hazard classification, production volume reporting, and annual updates by 31 March. The law provides a three-year implementation period for digital infrastructure development and mandates penalties for non-compliance. Exemptions apply to certain low-risk substances and specific uses, such as research or defence. Brazil REACH aligns with international standards, adopting the Globally Harmonised System (GHS) for chemical classification and labelling. This regulation positions Brazil as a leader in chemical safety in Latin America, facilitating global trade while enhancing sustainability.

What is Brazil REACH, and how does it work?

Brazil REACH, established under Law No. 15,022, is a chemical regulation modelled after the European Union's REACH framework. It mandates the creation of a National Inventory of Chemical Substances, requiring manufacturers and importers to register substances produced or imported in quantities exceeding one tonne per year. The regulation aims to mitigate health and environmental risks by enforcing detailed reporting on chemical classifications, uses, and production volumes. Companies must update records annually, and the law aligns with global standards, including the Globally Harmonised System (GHS).

What are the deadlines for compliance with Brazil REACH?

Brazil REACH allows a three-year period from its enactment on 13 November 2024 for the development of the National Inventory's digital infrastructure. During this time, companies must ensure the registration of eligible chemical substances. Annual updates to registered data are required by 31 March of the following year to maintain compliance. Non-compliance can result in fines, operational restrictions, or suspension of activities.

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Brazil has enacted its version of the REACH regulation with the approval of Law No. 15,022 on 13 November 2024. Known as "Brazil REACH," this groundbreaking legislation introduces a National Inventory of Chemical Substances, aligning the nation with other standards like the European Union’s REACH framework. The law aims to reduce health and environmental risks by mandating the registration, evaluation, and control of chemical substances used, produced, or imported within Brazil.

What is Brazil REACH?

Law No. 15,022 establishes Brazil’s National Inventory of Chemical Substances, requiring detailed reporting on substances exceeding one tonne of annual production or importation. The legislation mirrors the EU’s REACH (Registration, Evaluation, Authorisation, and Restriction of Chemicals) in its structure and objectives, marking a significant step towards aligning Brazil with international chemical safety practices.

The law sets stringent guidelines for manufacturers and importers to disclose critical information, including chemical hazard classifications, intended uses, and production volumes. It aims to centralise data, enhance oversight, and provide a foundation for comprehensive risk management​​.

Key Requirements for Brazil REACH Compliance

Under Brazil REACH, companies are required to:

  • Register chemical substances with the National Inventory if they meet the one-tonne annual threshold.
  • Provide data on hazard classifications, production volumes, and uses, adhering to the Globally Harmonised System (GHS) for chemical labelling.
  • Update records annually by 31 March for any changes in production or use.
  • Submit additional information for substances classified as hazardous, including potential risks to human health or the environment​.

Mixtures, low-risk polymers, and certain substances such as those used for defence or research purposes are exempt from registration. However, their components may still need to be documented if they meet the specified criteria​.

Deadlines and Implementation Timeline

The law grants a three-year timeline for the establishment of the digital infrastructure necessary for the National Inventory. Companies must comply with the registration requirements within this period to avoid penalties, which can include fines, operational restrictions, or suspension of activities. Annual updates are mandatory to maintain compliance and ensure data accuracy​​.

Alignment with Global Standards

Brazil REACH draws heavily from the EU REACH framework, particularly in its focus on health and environmental safety, data transparency, and corporate accountability. By adopting the GHS system and prioritising risk-based evaluations, the regulation seeks to harmonise Brazil’s approach with international best practices, making it easier for Brazilian businesses to engage in global trade​.

Brazil REACH signifies a milestone in chemical safety governance, reinforcing the country’s commitment to sustainable industrial practices. A legislative source commented, "This regulation demonstrates Brazil’s readiness to lead on chemical safety in Latin America." With its robust requirements and alignment with global standards, Brazil REACH is poised to advance public health and environmental protection.

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