Brazil Proposes Stricter Limits for Lead in Paint with PL 3428/2023

The Brazilian Senate will review Projeto de Lei Nº 3.428/2023, which seeks to reduce the maximum allowable lead content in paints and similar surface coatings from 600 parts per million (ppm) to 90 ppm. The proposal was approved by the House of Representatives on October 16, 2024, and now moves to the Senate for consideration.

Key Provisions of PL 3428/2023

The bill applies to paints and related materials used for surface protection, decoration, and preparation. Exceptions include industrial and maritime paints, which may contain up to 600 ppm due to technical requirements. Paints that exceed 90 ppm but fall within the 600 ppm exception must display a warning label (in Portuguese):

“Perigo: contém chumbo. Não aplicar em superfícies acessíveis a crianças e/ou mulheres grávidas." ("Warning: Contains Lead. Not for use on surfaces accessible to children or pregnant women.")

Compliance and Penalties

Manufacturers and importers will have 365 days to meet the new requirements. Non-compliance will lead to penalties, including product seizure and fines. Regulatory authorities will oversee enforcement, ensuring adherence to the regulation and protect public safety and the environment.

Advancing Paint Technology

This initiative reflects advances in paint technology that allow for safer, lead-free alternatives without compromising performance. If enacted, the proposal would repeal Law 11.762/2008, which currently regulates limits in paints in Brazil. The law is part of Brazil’s commitment to reduce toxic substances, protect health and promote sustainable development. For more details, see the proposal (in Portuguese) here.