In November 2024, Brazil enacted its long-awaited modern chemical management law inspired by the EU “REACH”, US “TSCA”, and Canadian “CMP”. Although commonly referred to as “Brazil REACH,” Law 15.022/2024 is inspired by that model, but not a copy of it. Instead, it is a framework by which the country seeks to be notified (via a registration) of the chemical substances imported or manufactured in its territory in quantities over 1 ton per year to create a national inventory, move toward risk assessment for priority substances, and finally institute risk management measures for chemicals of concern.

#English Translations
Brazil REACH: Law No. 15,022 of November 13, 2024 On November 14, 2024, the President of Brazil sanctioned the Brazil’s chemical law (Law No.15, 022), also known as "Brazil REACH". The law establishes the National Inventory of Chemical Substances and the assessment and risk control of chemical substances used, produced or imported in the national territory, with the aim of minimizing adverse impacts on health and the environment.Brazil, and other countries in Latin America, are not simply cutting and pasting EU models into local law because they understand that they lack the budget and staffing required. Instead, these new schemes – in Brazil, Peru, Chile, and Colombia – are localized to national realities.
ChemLinked interviewed Ms. Melissa Owen, an international lawyer and Latin America expert who has over 25 years of experience in Latin American chemical regulations and ESG (environmental, sustainability, health and safety regulations), to share her insights to the implications of “Brazil REACH” on the company level.
Here is a digest of key questions that are of significant concern to relevant stakeholders:
Until the new IT system for chemical registration is ready, companies do not have any compliance obligations for Brazil. Instead, they can use this time to begin to analyze their chemical footprint in the country and strategize for future compliance.
Yes and no. Under the Law, Brazilian manufacturers and importers are required to register their covered substances in the new database (Art. 9) and comply with other obligations (Art. 28). Therefore, companies with a local entity or branch should be watching for the development of the new IT system – and move forward with registration by the deadline.
A strictly foreign company (i.e., with no corporate presence in Brazil) has a bit more leeway. The obligation to register the substance actually lies with the Brazilian importer of that substance. The foreign manufacturer could take a risk and do nothing – being a sort of free rider – in the hopes that its importers or other local manufacturers of the same substance do the job of getting it registered in the database on time. If they were lucky and the substance got registered by someone else, then foreign manufacturers could continue exporting to local importers just as before the Law.
However, if they were unlucky, and no one registered their particular substance by the deadline, then the substance would need to be registered by them as foreign manufacturer or by their local importer after the initial registration deadline. Then, the substance would be considered a “new” substance.
“New” substances are subject to additional data requirements (to be defined in the implementing regulation) if the substance presents into any of the following characteristics:
persistence and toxicity to the environment;
bioaccumulation and environmental toxicity;
persistence, bioaccumulation and toxicity to the environment;
carcinogenicity, mutagenicity or toxicity to reproduction;
endocrine disruptor characteristics, based on scientific evidence;
relevant potential for human or environmental exposure;
provision in an alert, agreement or international convention to which Brazil is a signatory.
(Art. 12, Section 1)
Therefore, the more prudent action for a foreign company exporting chemicals to Brazil is to monitor for the creation of the IT system and then proceed with registration through the OR-analog called the “exclusive representative of the foreign manufacturer.” That Exclusive Representative, a local Brazilian consultant or company, will be able to handle all the registration requirements for the foreign manufacturer.
The Law grants the government three (3) years to create the official IT system for registration. However, the trigger to register is within three years of the release of the IT system – and that system may be finished before three years.
In an industry event in November 2024, a government official responded to my question as to the status of the IT system explaining that the government was already contracting with a provider. They intimated that the system could be ready within a year. I personally see that as optimistic, but it does indicate that the system could be complete before the 3 years granted to the government.
The Law sets out the general outline of the information that the government will require:
the identification data of the producer or importer;
the annual production or import quantity range;
the exact identification of the chemical substance, including its Chemical Abstracts Service (CAS) or International Union of Pure and Applied Chemistry (IUPAC) registration number, if available;
the hazard classification according to the GHS per the current Brazilian standard; and
recommended uses of the chemical.
(Art. 7)
It is possible that the emerging regulation will refine that requirement. We have seen that with the official Instruction Guides in Chile and Colombia. However, I do not expect major changes to the information required. Unlike the EU, this is not a pre-registration and then subsequent registration system. Instead, the registration requirements are much lighter – not based on dossiers but on SDS.
It is quite possible that the government – and national trade associations – will offer training in the future. While not required by the Law, the government might even take a cue from Chile and Colombia and put out an official instruction guide.
Companies active in Brazil should be watching for (a) the emerging implementing regulation currently being drafted by the government and (b) news on development of the IT system for registration. In the meantime, they should look at their chemical footprint in Brazil to identify any covered substances above the reporting threshold – and prepare for registration in the coming years.
Note: All opinions expressed in this article are those of the author and do not represent official information or legal advice.
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