Release time：2024-08-01
Following a series of strategic planning and internal adjustments, the Brazilian National Chemical Safety Commission (CONASQ) recently announced the adoption of new internal rules, establishing its operational framework and a clear meeting schedule.
As an expert group with far-reaching influence on the development of chemicals management and safety policies, CONASQ will now be able to provide professional advice to relevant legislative bodies in a more powerful way.
In 2019, former President Jair Bolsonaro disbanded CONASQ, stalling progress on national chemicals legislation. However, its re-establishment last year by current President Luiz Inácio Lula da Silva revitalized CONASQ and injected new momentum into the legislative process. In July, CONASQ officially adopted new rules, requiring it to meet at least three times a year to accommodate the expected increase in workload. The new rules emphasize transparency, stipulating that all meetings will be open to the public, unless the topics involve confidential or restricted content.
With the entry into force of CONASQ's new rules, the prospects for Brazil's chemical safety legislation are becoming increasingly clear. The industry expects that this bill will be successfully enacted into law this year, setting a new milestone for the safe management of chemicals.
The update of Brazil's chemical management regulations has put forward a series of specific requirements for chemical importers and exporters. The following are the main impacts and requirements:
Chemical Substance Notification
Chemical substances or substances in mixtures produced or imported into Brazil exceeding 1 ton per year (average over the past three years) are required to submit a chemical substance declaration to the Brazilian government for the establishment of the Brazilian Chemical Substance Inventory. For some substances, the government may lower the required tonnage threshold.
The declaration information requirements mainly include five parts:
● Identity information of the manufacturer or importer of the substance;
● The annual tonnage range of the chemical produced or imported;
● Substance identification information, including CAS number or IUPAC name;
● Substance hazard classification information based on GHS standards;
● Recommended use information.
New Substance Registration:
Once the chemical inventory is finalized, chemical substances not listed will be considered new substances and will require new substance registration if their production or import exceeds 1 ton per year. In addition to submitting five basic pieces of information, new substance registration requires additional information based on regulations. The required information will be based on tonnage and whether the substance meets the hazard criteria for priority assessment.
Role of foreign manufacturers
The regulations introduce the concept of "exclusive representative", which allows a Brazilian entity to act as the representative of a foreign manufacturer and assume all of its responsibilities and obligations in Brazil.
This will have a profound impact on the operating models, compliance requirements and market strategies of chemical companies exporting to Brazil, and companies need to make timely adjustments to adapt to the new regulatory environment.
