Peru's General Directorate of Environmental Health and Food Safety (DIGESA) has introduced a new set of regulations designed to establish authorization and labeling standards for paints and coatings containing lead. These regulations, which were officially unveiled in a notification to the World Trade Organization (WTO) on August 16, aim to implement a law enacted in 2021 that imposed restrictions on lead levels in such products.

Under the 2021 law (No. 31182), a maximum lead content limit of 90 ppm or 90 mg/kg by weight of the total content was imposed on products manufactured, imported, distributed, and marketed within the country. Interested stakeholders and the public have the opportunity to submit comments on these proposed regulations until October 15.

Key provisions within the proposed regulations include:

Sanitary Authorizations:

• Manufacturers, importers, and distributors of lead-containing paints and coatings would be obliged to secure sanitary authorizations from the National Health Authority before engaging in production or commercialization.
• The authorization application process would necessitate the submission of company information, details of the legal representative, product trade names, safety data sheets, and more.
• A power of attorney would also be required when the process is conducted by a proxy.
• Sanitary authorizations would be valid for five years, with new authorizations required in cases involving formula modifications.

Labelling Requirements:

• Lead-containing paints and coatings would need to incorporate specific information on their labels, including trade names, health authorization numbers, manufacturer information, details of the sanitary authorization holder, net content, lot numbers, production dates, preparation, dosage, application methods, instructions for use, storage conditions, and relevant pictograms, symbols, and danger phrases.
• Labeling information must adhere to the UN Globally Harmonized System (GHS) of classification and labeling of chemicals, which Peru adopted in May 2023.

Sanctions:

• The proposed regulations outline actions that would be considered violations and stipulate corresponding penalties, ranging from fines to the revocation of sanitary authorizations.
• A database of offenders would also be established, with information retained for a period of four years from the date of registration, after which the National Health Authority would take over data collection.

These regulations represent a vital step in aligning Peru with global standards in managing lead-based paints and coatings to ensure the safety and well-being of the public.