On August 16, 2023, Peru's General Directorate of Environmental Health and Food Safety (DIGESA) notified the World Trade Organization (WTO) of a regulation concerning paints and other coating materials. This regulation is designed to restrict the lead content in paints, ensuring the protection of public health and safety, and it also outlines requirements for product labeling. Currently, the regulation is undergoing a 60-day review period, with the review deadline set for October 15th.
Scope:
This regulation is applicable to paints and other coating materials manufactured, imported, distributed and/or sold within the territory of Peru.
Restrictions:
The maximum allowable quantity (MAQ) of lead is 90 parts per million (ppm) or 90 milligrams per kilogram (mg/kg) of the total non-volatile content in paints. Lead concentration measurements must adhere to testing methods approved by the National Quality Institute (INACAL) in Peru.
Each paint or coating material, depending on its composition, is required to obtain sanitary authorizations for manufacturing, importing, distribution, and/or selling. The sanitary authorization is valid for 5 years.
Label requirements:
A label, whether printed on or affixed to a product package, must be durable and weather resistant. The information provided by labels must be easy to understand, easily visible, clearly legible and indelible and must appear in Spanish. Labels must contain the following information:
- Product identifier
- Sanitary registration number;
- Name or business entity of a product manufacturer;
- Name, address and RUC of the holder of a sanitary registration, and tax identification number;
- Country of the manufacturer;
- Net content;
- Batch No or production code;
- Date of production;
- Expiration date;
- Preparation method, dosage, and application method (as applicable);
- Use instructions, warnings, and precautions including an emergency telephone;
- Pictogram or symbol, hazard statement or risk phrases (based on product property);
- Storage conditions; and
- Category/degree of hazard, and warning (as applicable);
Note: An authorization by the National Health Authority is required if any of the information on the packaging label intends to be changed.
- Safety measures and non-compliance handling measures:
- Seizure;
- Sealing;
- Holder of sanitary authorization is required to withdraw concerned products;
- Holder of sanitary authorization is required to destroy concerned products;
- Suspend sanitary authorization;
- Revoke sanitary authorization; and
- Temporary or permanent closure of production, storage, or sales facilities.
The regulation stipulates various violations, ranging from minor to serious and very serious, and prescribes different administrative penalties commensurate with their severity. These penalties may include warnings, temporary or permanent closure of establishments, revocation of sanitary authorization, and fines (with fines potentially reaching up to 100 tax units). Furthermore, the regulation mentions that the Peruvian government plans to establish a database for recording illegal activities, where information about violators will be retained for four years.
Transitional period:
Paints and other coating materials in the Peruvian market can be sold within six months following the enactment of this regulation. After that, paints and other coating materials must be withdrawn from the market and treated as hazardous wastes.
In the meanwhile, Trinidad and Tobago also introduced a proposal for standards regarding water-based and solvent-based paints. This proposal restricts the content of lead and volatile organic compounds (VOCs) and provides specific requirements for product labeling. Trinidad and Tobago's proposal primarily applies to packaging paints, liquid coatings, and spray coatings, while excluding dyes, varnishes, fillers, glass sealants, paint, and industrial protective coatings. The restrictions on VOCs and total lead content in paints are as follows:
- Water-based paint: the maximum content of volatile organics is 250g/l, and the maximum content of lead is 0.009% (weight by weight);
- Solvent-based paint: the maximum content of volatile organics is 450g/l, and the maximum content of lead is 0.009% (weight by weight).
Comments:
More and more countries are enhancing their management on substances in paints. For instance, South Korea revoked the exemption for four volatile organic compounds (VOCs) used as diluents in paints this June. In May, the Japan Paint Manufacturers Association also published a list of hazardous substances that can be absorbed through the skin. The use of all these hazardous substances in workplaces is now restricted, and mandatory safety measures must be implemented starting from April 1, 2024. It is foreseeable that this trend will continue in the future.
Under this circumstance, enterprises need to closely monitor the updates to regulations across countries and proactively develop comprehensive contingency plans. Enterprises shall adjust product formulations and optimize production processes to ensure product compliance. Moreover, enterprises should commit their efforts to research and development and proactively seek more environmental-friendly ingredients to meet market and regulatory requirements.
