Chemical regulations
Americas
Peru - Supreme Decree No. 005-2026-MINAM
How to understand Supreme Decree No. 005-2026-MINAM?
Supreme Decree No. 005-2026-MINAM, enacted in April 2026, serves as the regulatory framework for Legislative Decree No. 1570 (the Law on Integral Chemical Substance Management). This regulation establishes the technical and operational guidelines required to protect human health and the environment throughout Peru, regulating the entire lifecycle of chemical substances through a preventive, risk-based approach.
Supreme Decree No. 005-2026-MINAM is the primary regulation governing chemical management in Peru. Its goal is to implement robust control mechanisms, including the National Registry of Chemical Substances (RENASQ) and the National Inventory, while mandating the adoption of the Globally Harmonized System (GHS), adopting the sixth revised edition. However, the regulation allows the use of later, more up-to-date versions, provided that the level of protection for health and the environment is guaranteed to be at least as high as that established in the sixth edition.
The regulation applies to any individual or legal entity—public or private—involved in the manufacturing, importing, distribution, or use of chemical substances. Companies have a transition period ending September 30, 2031, after which hazard classification and communication requirements will be strictly enforced across the entire supply chain.
What are the key points of a Safety Data Sheet (SDS) in Peru?
The responsibility for creating and providing the Safety Data Sheet (SDS) lies directly with the manufacturer or, if the product is imported, the importer. According to Article 8 of the regulation, the fundamental requirements are:
- Structure and Content: SDS must follow the 16 standard GHS sections. Sections 4, 5, 6, 7, 8, 13, and 14 must contain detailed, specific information regarding safe handling and emergency measures.
- Language and Maintenance: All SDS must be provided in Spanish. They must be reviewed and updated at least every five years, or sooner if new information regarding hazards or risk management becomes available.
- Accessibility: SDS must be readily available at all points of use, either in physical or digital format, and must be provided by the supplier free of charge.
- Identification: Every page must clearly display the product name exactly as it appears on the label.
Labeling requirements according to Supreme Decree No. 005-2026-MINAM?
Labeling is the first line of defense for hazard communication. Peruvian law requires labels to include the following harmonized elements (Article 7):
- Product Identifier: Name and CAS number (where applicable).
- Supplier Identification: Name, address, and telephone number of the manufacturer or importer.
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GHS Elements: Hazard pictograms, signal words (Danger or Warning), hazard statements (H-phrases), and precautionary statements (P-phrases).
- Language: Labels must be exclusively in Spanish.
- Dimensions: Label and pictogram sizes must be proportional to the container’s capacity (e.g., for containers between 3 and 50 liters, the minimum label size is 74 x 105 mm).
- Prohibitions: Terms such as "non-toxic" or "eco-friendly" are strictly forbidden on products classified as hazardous, as they can be misleading regarding actual risks.
Other Relevant Chemical Safety Considerations in Peru?
Beyond classification and labeling, the Peruvian framework introduces advanced controls for high-impact substances:
- Risk Assessment (ERSQ): For new, unlisted, or prioritized substances, manufacturers and importers must submit detailed technical assessments analyzing exposure levels and environmental behavior.
- RENASQ and Quantity Reporting: There is a mandatory annual reporting window (between January and March) for the quantities of hazardous substances manufactured or imported that exceed the thresholds established by the Ministry of Environment (MINAM).
- Confidential Business Information (CBI): While companies can request protection for trade secrets (such as IUPAC nomenclature or exact composition), they must still provide a public version of the SDS.
- Waste Management: Once they reach the end of their lifecycle, substances and their containers must be managed under national solid waste regulations, prioritizing recovery and adhering to international treaties like the Basel or Stockholm Conventions.
What are the mandatory training requirements in according to Supreme Decree No. 005-2026-MINAM?
The regulation places heavy emphasis on training as a primary tool for accident prevention. Employers are required to include the following in their basic safety training programs (Articles 57 and 68):
- Interpreting Labels and SDS: Personnel must be able to understand symbols and technical instructions.
- Safe Handling Practices: Specific training on how to manipulate substances within the work environment.
- Personal Protective Equipment (PPE): Instruction on the correct use and maintenance of equipment based on the hazards identified in the SDS.
- Emergency Response: Training in chemical accident protocols, first aid, and the containment of accidental spills.
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