New Regulation for Hazardous Substances to Take Effect in Peru on June 1 2024

On December 2, 2023, the Peruvian government published Supreme Decree No. 031-2023-SA, approving the "Regulation for the Regulation and Oversight of Hazardous Substances for Domestic, Industrial, and Public Health Use." According to its final complementary provision this regulation will come into force on June 1, 2024,  six months after its publication in the Official Gazette "El Peruano."

Key Aspects of the New Regulation

The new regulation introduces strict requirements for the authorization of disinfectants and pesticides used in domestic, industrial and public health settings. Additionally, it covers industrial chemicals and substances subject to the Prior Informed Consent (PIC) procedure.

The implementation of this regulation is a significant step in improving public safety and environmental protection in Peru. By establishing clear guidelines and oversight mechanisms, the government aims to ensure that hazardous substances are handled, used, and disposed of in a manner that minimizes risks to health and the environment.

Key aspects of the regulation include:

1. Authorization Requirements: All products classified as disinfectants and pesticides for domestic, industrial or public health use must obtain proper authorization. This ensures that only products that meet safety and efficacy standards are available on the market.

2. Industrial Chemicals: The Regulation also applies to chemicals used in industrial processes, ensuring that these substances are managed safely to prevent harm to workers, communities, and the environment.

3. PIC Procedure: For certain hazardous chemicals, the Regulation enforces the Prior Informed Consent (PIC) procedure. This international mechanism ensures that countries are informed about the import and export of hazardous chemicals and can consent or deny their entry, thus preventing unwanted and potentially harmful substances from entering the country.

Preparing for Compliance

As the June 1, 2024, implementation date approaches, companies and stakeholders involved in the production, distribution and use of these substances are advised to familiarize themselves with the new requirements and ensure compliance. The Peruvian government is expected to provide further guidance and support to facilitate the transition to this new regulatory framework.