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On 13 November 2024, Law No. 15.022/2024 was published, which aims to minimize adverse impacts on health and the environment by establishing a national inventory and a risk assessment and control system for chemical substances used, produced or imported in Brazil.
This normative has been widely discussed with the private sector.
The law stipulates that manufacturers and importers will be obliged to register chemical substances that reach an annual production or import of one ton or more in the National Register of Chemical Substances. The information required includes data identifying the producer or importer, annual quantity, exact identification of the substance, hazard classification and recommended uses.
In addition, new criteria are established for the selection and prioritization of chemical substances for risk assessment, such as persistence, toxicity and potential for human or environmental exposure. Risk management measures can include restrictions on production, import, use, prior authorization requirements or even bans.
Unpublished studies in Brazil will have property rights protected for 10 years, and the information in the inventory will be publicly accessible, except for personal data and industrial secrets.
The law also establishes the Fee for Registration, Evaluation and Inspection of Chemical Substances, applicable to manufacturers and importers. The law must be regulated within 180 days, and the government will have up to 3 years to develop or adapt the computer systems needed to implement the inventory. This means that a significant part of the regulatory discussion will still take place, so it is important for companies potentially involved to follow the discussions.
The inspection will be carried out by the competent authorities, who will have free access to the establishments for verification and supervision.
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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.
