On September 26, 2023, Brazil's Chamber of Deputies approved a consolidated draft of its National Inventory of Chemical Substances framework bill, officially moving it forward for Senate review. After a review by the Senate, it would go to Brazilian President Luiz Inácio Lula da Silva for sanction or veto. Chemical Watch quotes Foreign Legal Consultant Miriam Mazza (New York) on the next steps for the bill and what enactment means for chemical manufacturers and importers in their September 28 article, “Brazil’s Chamber of Deputies approves consolidated national chemicals bill.”

Upon the end of the legislature process and once passed into law, the bill would implement the National Registry of Chemical Substances, with the aim of further forming the National Inventory of Chemical Substances. The inventory will consolidate key data on chemical substances produced or imported into the country. The version just approved by the Chamber of Deputies addresses how a designated authority will select certain chemical substances for risk assessment and management measures, including labeling and safety data sheet changes, concentration limits modifications, trigger prior authorization requirements for production or import, as well as restrict or ban the production, import, export, trade, and use of chemical substances. Brazil will also consider any new restriction or modification of the risk profile of chemical substances triggered by international agencies or treaties to implement aligned measures at the national level.

Miriam explained to Chemical Watch that the bill’s enactment would not automatically launch the country's chemical inventory. Following a 180-day period, the bill would establish the national registry, which will host the data that will serve as the basis for the national inventory.

Manufacturers and importers will have three years, counting from the availability of the national registry, to provide the required information. After the initial data input period, the production or import of chemical substances will require constant updating, as provided for in the Law, until March 31 of the following year. Miriam said that while regulated entities do not need to immediately provide updates, "companies must have processes in place" to ensure they meet the March 31 deadline according to the criteria established under the bill.

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Beveridge & Diamond’s Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice to the global chemicals industry. As part of our International Environmental Law practice group, B&D's Latin America practice group helps multinational clients navigate dynamic and unprecedented change in Latin American environmental law. We offer capabilities and visibility for clients into Brazilian environmental regulatory developments through the presence of Miriam Mazza, a Brazilian lawyer practicing in the U.S. as a Foreign Legal Consultant, as well as other members of our Latin American practice.