Brazil Regulatory News

The Brazilian Association of Technical Standards (ABNT) released on July 3 of 2023, a significant update to the ABNT NBR14725 Standard, which governs the classification and labeling of chemicals. Thi...

The Brazilian Association of Technical Standards (ABNT) released on July 3 of 2023, a significant update to the ABNT NBR14725 Standard, which governs the classification and labeling of chemicals. This update marks the most substantial revision of the standard in over a decade, bringing important changes that align Brazil's regulations with international standards, particularly the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). 

Key Changes and Enhancements: The updated ABNT NBR14725 Standard introduces several notable changes, aimed at improving chemical classification, labeling, and hazard communication. Let's explore some of the key updates: 

• Structural Reorganization: One of the prominent modifications is the reorganization of the standard's structure. Previously divided into four parts, the new version consolidates all the content into a single, more extensive and comprehensive section, making it easier for users to navigate and understand the requirements. 

• Alignment with GHS: The updated ABNT NBR14725 Standard is based on the seventh revision of the GHS Purple Book. By adopting this GHS version, Brazil's regulations now closely align with international standards, promoting consistency and harmonization in chemical classification and labeling practices. 

• New Hazard Classes: Two new hazard classes have been included in the classification system. The first is "Desensitized Explosives," which addresses substances that have been treated to reduce their explosive properties. The second is "Ozone Depleting," which focuses on chemicals that pose a risk to the ozone layer. 

• Modified Labeling Elements: The labeling requirements have been revised, with changes in hazard statements (H phrases) and precautionary statements (P phrases). New H and P phrases have been added, providing more specific information about potential hazards and necessary precautions. Existing phrases have also undergone modifications to enhance clarity and accuracy. 

• Communication of Hazard: The updated standard introduces new rules for labeling small packaging. These regulations ensure that even the smallest containers carry essential information about the hazardous nature of the contained substances, enhancing safety measures and risk awareness. 

• Revised Safety Data Sheet (SDS): The standard introduces a change in the terminology used for Safety Data Sheets (SDS). Formerly known as Material Safety Data Sheets (MSDS), they will now be referred to as SDS, aligning the Brazilian naming convention with international standards. The content and structure of SDS remain largely unchanged, maintaining the requirement of 16 sections, each providing crucial information about chemical properties, handling, and safety measures. 

Impact and Compliance: The update to ABNT NBR14725 has significant implications for companies handling chemicals in Brazil. Here are some key considerations: 

• Mandatory Updates: All companies are required to update their existing Safety Data Sheets (SDSs) to comply with the new standard. The change in document nomenclature necessitates revisions to ensure consistency and alignment with the updated requirements. Additionally, labels may need to be revised and updated to reflect the modified hazard statements and precautionary phrases. 

• Time and Cost Implications: Achieving compliance with the updated regulations may require additional investments in resources and expertise. Companies might need to allocate time and funds for training employees, acquiring specialized technologies, and reviewing and updating their SDSs and labels. The magnitude of these tasks will depend on the size of the company and the number of products in its portfolio. 

• Revised Classification: Due to changes in concentration limits, some products previously classified may no longer require classification under the updated standard. However, it's important to note that this change does not apply universally, except for the inclusion of the new hazard class "Desensitized Explosives." 

The updated ABNT NBR14725 Standard brings significant changes to the classification and labeling of chemicals in Brazil. By aligning with the 7th GHS revision and incorporating new hazard classes, the standard enhances hazard communication and harmonizes Brazil's regulations with international practices. Companies should promptly assess the impact of these changes, ensuring timely compliance with the updated requirements by reviewing and updating their Safety Data Sheets and labels. 

Access to the NBR 14725 standard is via the ABNT Catalog website, through the link: ABNT Catálogo (abntcatalogo.com.br)

Price to aquire the new regulation is R$ 244.10 reais (50 US$) and is available only in Portuguese.

The Constitution, Justice, and Citizenship Commission (CCJC) of Brazil on 9th of May 2023, granted their approval to the preliminary Draft Law of National Inventory of Chemical Substances (PL6120/19)...

The Constitution, Justice, and Citizenship Commission (CCJC) of Brazil on 9^th of May 2023, granted their approval to the preliminary Draft Law of National Inventory of Chemical Substances (PL6120/19), also known as the Projeto de Lei do Inventário Nacional de Substâncias Químicas. As part of the legislative process in Brazil, the Federal Senate, or Senado Federal, will now undertake the discussion and evaluation of the Law. If the Law is approved by the Federal Senate and enacted into law, Brazil will join Chile, Colombia and Peru as South American nations that have implemented some form of national chemical management scheme.

With a concise length of only eight pages, the preliminary Law leaves various aspects open for further development. Nonetheless, the fourteen Articles provide significant insight into the government's perspective on the management of chemical substances. The "Rationale" section, located at the end of the draft Law, extensively elaborates on these viewpoints. While acknowledging chemical substances as the fundamental building blocks of life and the key components used in manufacturing products, Brazil also recognizes the potential dangers and risks associated with these substances if not properly managed. Despite the presence of multiple chemical substance registries in the country, Brazil highlights the absence of a comprehensive analysis regarding the potential risks posed by each substance. Consequently, an all-encompassing inventory and registration mechanism should be established.

From this standpoint, the government advocates for a comprehensive approach to managing chemical substances in the country, with an emphasis on knowledge-based prevention throughout their life cycle. The Law also aims to reduce fatalities and illnesses caused by hazardous chemical products, enhance water quality by minimizing exposure, provide training to the healthcare sector on managing poisonings and related illnesses, promote the correct use of these products, and address several other aspects. Finally, the government outlines three specific areas of action to be achieved through the implementation of the Law:

• Acquiring missing information about substances entering the country, particularly those intended for industrial use.
• Facilitating interaction among existing information systems to prevent redundancy in efforts by citizens and the government.
• Establishing a comprehensive mechanism for assessing hazardous substances that integrates a technical perspective on environmental care, health, and production.

You can check the full document here: Compliance Library of Brazil Regulatory Region | GPC Gateway

On 9 May 2023 the Brazilian Chamber of Deputies approved Bill 6120/2019. The Bill will now move on to the Senate for consideration. It is now set to be reviewed by the Environment Committee (CMA) and ...

On 9 May 2023 the Brazilian Chamber of Deputies approved Bill 6120/2019. The Bill will now move on to the Senate for consideration. It is now set to be reviewed by the Environment Committee (CMA) and the Committee on Social Affairs (CAS). The Bill had been shelved since 2019 when President Bolsonaro came into office.

If Bill 6120/2019 is approved in Senate and signed into law it would:

• Establish a National Inventory of Chemical Substances

• Adopt GHS as the mandatory classification system

• Set up an Assessment Committee to assess the risks of the substances and recommend risk management measures

So far, the only Latin American countries that have implemented national chemicals legislation are Chile and Colombia. According to a statement made by Melissa Owen, founder of law practise Ambiente Legal, on LinkedIn there is ‘a distinct possibility that the Bill could be approved as early as this year’ making Brazil the third country in the region to adopt a national chemical legislation.

Last month the Constitution, Justice, and Citizenship Committee at the Brazilian Parliament reopened the debate about bill PL 6120/2019. This is a bill that seeks to create the Inventário Nacional de...

Last month the Constitution, Justice, and Citizenship Committee at the Brazilian Parliament reopened the debate about bill PL 6120/2019. This is a bill that seeks to create the Inventário Nacional de Substâncias Químicas (The Chemical National Inventory of Brazil), a national database that will consolidate information on chemical substances produced or imported in the country.

The bill was approved by the Commission for Economic Development, Industry, Commerce and Services of the Brazilian Chamber of Deputies on November 23, 2022 and is still in the approval process.

This is a national framework for chemical legislation that is back on track. the Bill is under the consideration of the Constitution, Justice, and Citizenship  Committee. In this case, the Bill will not require a plenary vote after this last Committee, as it would be considered approved by the Chamber of Deputies and move on to the Senate.

Last month, the Committee reopened the amendment period for five additional sessions and discussed appointing a new rapporteur. However, time has run out on these sessions, and no changes were made. The original rapporteur's opinion still stands, and the Bill is ready for a decision in that Committee.

In March 2023 during the ChemCon the Americas 2023 Conference a half-day workshop was held in San Francisco that focused on the current state of chemical registration systems and the implementation of...

In March 2023 during the ChemCon the Americas 2023 Conference a half-day workshop was held in San Francisco that focused on the current state of chemical registration systems and the implementation of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in Latin American countries. The workshop brought together experts from regulated industries, trade associations, and consultancies to discuss the latest developments in chemical regulations across the region.

Several Latin American countries, including Chile and Colombia, have already adopted mandatory industrial chemical registration systems, while others such as Argentina, Brazil, Peru, and Mexico are in the process of developing similar systems.

Overall, the workshop highlighted the need for continued vigilance and engagement from industry stakeholders and regulators to ensure that chemical management regulations in Latin America keep pace with global best practices. With some countries lagging behind in their efforts, there is a pressing need for greater coordination and cooperation between governments.

Name the table:

The Latin American region is facing a rapid evolution in chemical management regulations, which will have an impact on the manufacturing industry. This is due to an increased awareness of the potential environmental and health risks posed by chemicals. Governments in the region are taking steps to ensure that companies comply with appropriate regulations and standards when it comes to managing chemicals. Companies must be aware of these changes and take proactive steps to ensure they remain compliant with all relevant regulations.

On 17 March 2023 the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) published the Regulatory Instruction No. 10 of March 17, 2023, that establishes an updated list of c...

On 17 March 2023 the Brazilian Institute of the Environment and Renewable Natural Resources (IBAMA) published the Regulatory Instruction No. 10 of March 17, 2023, that establishes an updated list of classification of harmful or dangerous substances according to the risk they produce when coming into contact with water. The standard conforms to the International Code for Chemical Products in Bulk (ICCPB) adopted by Annex II of the International Convention for the Prevention of Pollution by Ships (ICPPS) of the Committee for the Protection of the Marine Environment of the International Maritime Organization (IMO).

This regulation classifies chemical products according to the medium or moderate risk to human health or the environment and grants the Brazilian Institute of the Environment and Renewable Natural Resources, as the authority in the case, the power to classify the products in the corresponding category of the International Code of Chemical Products in bulk or in another category resulting from the risk assessment of the mixture of harmful  substances. To do this, the institute must consider the best technical information available at the time of the evaluation.

On 26 December 2022 the Brazilian National Health Surveillance Agency (ANVISA) published Resolution RDC 772/2022 which provides a new simplified procedure for the registration of personal hygiene prod...

On 26 December 2022 the Brazilian National Health Surveillance Agency (ANVISA) published Resolution RDC 772/2022 which provides a new simplified procedure for the registration of personal hygiene products, cosmetics, and perfumes.  The resolution entered into force on 2 January 2023. The initiative aims to reduce the number of post-registration applications for personal hygiene products, cosmetics, and perfumes pending the ANVISA’s response. On its official website, ANVISA estimated that the impact of implementing the new measure would reduce the queue by up to 20%. 

The change represents the simplification of the ordinary procedure. This means that requests will automatically be approved when complying with Article 3 of RDC 772/2022.  

The aim of this new regulation is to bring legal certainty to ANVISA’s actions and favor the optimization of the analysis of requests with less risk to health. Additionally, it is logical to understand that access to regularized personal hygiene products, cosmetics, and perfumes in Brazil will be expanded, based on the principle of presenting all the technical and legal documentation required by ANVISA.  

Moreover, this regulation incorporates elements concerning confidentiality. Another important aspect is that this regulation also deals with the commitment, participation, and legal responsibility of the companies holding registries in the country, establishing the corresponding sanctions in case of non-compliance with the norm. 

Article 3 of the new RDC establishes post-registration requests subject to the simplified procedure. These are changes in labelling, registration cancellation, registration petition withdrawal, presentation of the registered product, manufacturer indication, modification of the formula, manufacturer change, tone name change, reduction of the validity term, replacement of the presentation of the registered product, and others.