Peru Enforces Hazardous Chemicals Controls via New Substances Regulations

Peru has strengthened controls on paints, cleaning products, adhesives, pesticides, and industrial chemicals through updated hazardous substances regulations.

PERU – HAZARDOUS CHEMICALS

Peru Tightens Controls on Hazardous Chemicals

Importers of paints, cleaners, and pesticides must meet new compliance standards.

320990 Paints HS code

340290 Cleaning products HS code

380899 Pesticides HS code

350610 Industrial chemicals HS code

What changed

Mandatory compliance required for paints, cleaning products, and adhesives.

Oversight expanded to include pesticides and certain cleaning products.

Control mechanisms established for industrial chemicals.

Who it affects

Paint and adhesive importers must meet mandatory compliance requirements.

Pesticide importers are subject to expanded oversight under new draft rules.

Industrial chemical importers must adhere to new control mechanisms.

Peru — hazardous substances and chemical import controls

Regulation Analysis: Peru’s Updated Controls on Hazardous Substances

Peru has strengthened its regulatory framework for hazardous substances—including paints, cleaning products, adhesives, pesticides, and industrial chemicals—through Supreme Decree No. 031-2023-SA, which approves the Regulation on the Regulation and Control of Hazardous and Similar Substances for Domestic, Industrial, and/or Public Health Use. The regulation aims to ensure proper use, quality, and safety of these substances to protect public health¹. Below is a structured breakdown of its key provisions, authorities, and timelines.

1. Scope and Covered Products

The regulation applies to hazardous and similar substances used in domestic, industrial, or public health contexts. Specific product categories include:

Paints, cleaning products, adhesives, pesticides, and industrial chemicals^{1, 2}.
HS-coded products (as listed in the notification):
- Room deodorizers and perfuming preparations (HS 330749)².
- Surface-active, washing, and cleaning preparations (HS 340220)².

2. Key Requirements

A. Registration and Compliance Obligations

Import, manufacture, and marketing: All covered substances must comply with the regulation’s safety and quality standards before being placed on the market².
Risk assessment: Substances must not pose risks to public health, as determined by the Directorate-General of Environmental Health and Food Safety (DIGESA)².
Labeling and documentation: Products must include clear hazard warnings, usage instructions, and safety data sheets (SDS)^{1, 2}.

B. Authorities and Enforcement

Authority	Role	Citation
DIGESA (Ministry of Health)	Primary regulator for environmental health and safety compliance.	²
MINCETUR (Ministry of Foreign Trade)	Handles notifications, comments, and coordination with international trade.	^{1, 2}

3. Timeline and Entry into Force

Publication date: 2 December 2023 (Official Journal El Peruano)¹.
Effective date: 6 months after publication (i.e., 2 June 2024)^{1, 2}.
Comment period: Closed on 13 September 2020 (for the draft regulation)².

4. Legal Basis

The regulation aligns with:

General Health Law (Law No. 26842)².
Andean Community Decision 706 (harmonization of household hygiene products)².

5. Penalties and Non-Compliance

While the sources do not specify penalties, non-compliance may result in:

Product seizures or market withdrawal².
Fines or sanctions under Peru’s general health and trade laws^{1, 2}.

Summary Answer

Peru’s Supreme Decree No. 031-2023-SA establishes stricter controls on hazardous substances (e.g., paints, cleaning products, adhesives, pesticides) by requiring registration, risk assessments, and compliance with safety standards^{1, 2}. The regulation covers HS-coded products (e.g., HS 330749, HS 340220) and enters into force on 2 June 2024¹. Enforcement is led by DIGESA and MINCETUR, with legal grounding in Peru’s General Health Law and Andean Community Decision 706². Non-compliance may trigger market restrictions or penalties^{1, 2}. For full details, refer to the official text (https://busquedas.elperuano.pe/dispositivo/NL/2241249-6).

Sources

↩ Regulation on the regulation and control of hazardous and similar substances for domestic, industrial and/or public health use _notification https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/T/G/TBTN20/PER124A1.DOCX
↩ Proyecto de reglamento de regulación y control de sustancias peligrosas y similares de uso doméstico, industrial y/o en salud pública (Draft Regulation on the regulation and control of hazardous and similar substances for domestic, industrial and/or public health use) (30 pages, in Spanish) _notification https://docs.wto.org/imrd/directdoc.asp?DDFDocuments/T/G/TBTN20/PER124.DOCX