Peru’s new chemical notification and reporting rules: What companies must know
Peru’s new chemical regulation extends beyond GHS labels and safety data sheets. It also creates a national notification and reporting system for chemical substances manufactured or imported into the country.
The system centers on two main obligations: notification to MINAM and annual reporting through RENASQ, Peru’s National Chemical Substances Registry.
For manufacturers and importers, the key questions are: Is the substance in scope? Is it hazardous? Is it listed in the LCA? Is it new or pre-existing? And will it exceed the threshold that MINAM must still establish?
MINAM must first set the threshold
Many notification and reporting duties depend on a threshold that has not yet been issued. MINAM must approve that threshold by Supreme Decree in the second half of 2027.
Once the threshold is set, manufacturers and importers above that threshold must notify MINAM of classification, label and SDS information. The same threshold also affects RENASQ reporting for hazardous substances and hazardous-relevant substances in mixtures.
What companies must notify MINAM of
Manufacturers and importers above the threshold must notify MINAM of the chemical’s hazard classification, label and SDS. The notification must include the following information:
| Information Required | What Must Be Submitted |
|---|---|
| Company identity | Manufacturer/importer information |
| Activity type | Manufacturer, importer, or both |
| Importer details | Foreign manufacturer name and country of origin |
| Product identity | Commercial name, IUPAC name and CAS number, where available |
| Facility location | Address and geographic coordinates of the manufacturing or storage site in Peru |
| Hazard classification | Adopted classification |
| Label and FDS | Documents prepared under the regulation |
| Recommended uses | Industrial, domestic and/or professional |
| Confidentiality request | If confidential treatment is requested |
| Projected quantity | Projected annual manufacture/import quantity |
| New-in-the-world substances | Additional information required under the stricter ERSQ process |
MINAM must provide a virtual platform for this notification.
Transition-period notification schedule
The regulation gives companies a transition period from 1 January 2028 to 30 September 2031. During that period, notification is staggered by substance category.
| Substance Category | Notification Period |
|---|---|
| Hazardous substances with classification equal to the LCA, or with additional hazard classes | 1 January–30 September 2028 |
| Hazardous substances with classification different from the LCA | 1 January–30 September 2029 |
| Hazardous substances not included in the LCA | 1 January–30 September 2030 |
| Non-hazardous chemical substances | 1 January–30 September 2031 |
Companies may submit outside the assigned year if they still submit before the end of the transition period.
During the transition period, the regulation says commercialization, use, manufacturing, and import are not affected. Environmental enforcement authorities will conduct guidance-oriented supervision, and covered parties are exempt from sanctions by the competent environmental enforcement authority during that period.
What changes from 2032?
From 2032, the rules become more targeted.
| Situation | Notification Timing |
|---|---|
| First-time manufacture/import of a pre-existing substance above the threshold | Notify within one month from market placement |
| New chemical substance above the threshold | Notify before commercialization |
| New-in-the-world substance | Submit ERSQ to MINSA before commercialization, then complete notification after the Directoral Resolution |
For ordinary new substances, the regulation requires notification before commercialization. It does not clearly state that MINAM must approve the notification before the company may place the substance on the market.
New-in-the-world substances are different. These require a pre-commercialization risk evaluation submitted to MINSA. MINSA, through DIGESA, then issues a Directoral Resolution with risk-management recommendations after receiving MINAM’s technical opinion.
Must companies report where the chemical already exists in the world?
The regulation does not clearly require every notification to include a list of countries where the chemical already exists or is marketed.
However, global status matters. Companies must determine whether a substance is pre-existing in Peru, new to Peru but known elsewhere, or new-in-the-world.
For new substances, companies may submit an international risk evaluation from a reference country. For new-in-the-world substances, the stricter ERSQ process applies because the substance has no available global information.
What companies must report to RENASQ
RENASQ reporting is separate from notification. The notification tells MINAM about the identity, classification, label, and FDS. RENASQ reporting tells the registry the quantities manufactured and/or imported. Manufacturers and importers above the threshold must report quantities of hazardous substances and hazardous-relevant substances in mixtures.
| RENASQ Reporting Item | Requirement |
|---|---|
| Who reports | Manufacturers/importers above the threshold |
| Covered substances | Hazardous substances and hazardous-relevant substances in mixtures |
| What is reported | Quantities manufactured and/or imported |
| Legal status | Submitted as a sworn declaration |
| Frequency | Annual |
| Reporting window | 1 January to 31 March |
| Reporting basis | Previous year’s quantities |
RENASQ reporting starts in stages
RENASQ has a trial period from 1 January to 30 November 2028. During this period, companies may enter information voluntarily while MINAM tests the platform. Formal reporting begins gradually.
| Substance Category | RENASQ Reporting Begins |
|---|---|
| Notified hazardous substances with classification equal to the LCA, or with additional hazard classes | 2029 |
| Notified hazardous substances with classification different from the LCA | 2030 |
| Notified hazardous substances not included in the LCA | 2031 |
From 2032, companies report prior-year information for notified hazardous substances.
Updates to notifications
Manufacturers and importers must update the notified classification, label, and SDS information when new information affects the hazard classification or SDS risk-management measures.
Updates are also required when a new national restriction or regulation affects classification or risk-management information.
The update must be made within one year from the triggering event, or before the company exhausts its stock of labels and SDSlabel,, whichever happens first. After updating, the company must communicate the updated classification, label and/or SDS to MINAM.
Risk evaluation submissions
Some substances trigger ERSQ risk evaluation obligations.
| Substance Type | ERSQ Requirement |
|---|---|
| Prioritized substances | Submit ERSQ to MINSA within 24 months after MINAM publishes the prioritized-substance resolution |
| New substances from 2032 | Submit an international ERSQ, Peru-prepared ERSQ or technical background information, depending on the pathway |
| New-in-the-world substances from 2032 | Submit ERSQ to MINSA before commercialization |
MINAM may begin publishing prioritized substances from 2033. Each resolution may include up to five substances and must identify the substance, the relevant quantity threshold and the recommended uses covered.
Emergency information reporting
MINAM may request confidential chemical information during an “environmental emergency declaration," which companies must respond to quickly:
| Company Situation | Deadline |
|---|---|
| Manufacturer/importer | Within 48 hours |
| Importer coordinating with foreign manufacturer or Representative Exclusive of the Exterior | Within 72 hours |
The requested information may include detailed composition, active ingredients, and other data needed to respond to the emergency.
Implications for industries
The new requirements create three separate obligations, which companies must not confuse
notification to MINAM;
annual quantity reporting to RENASQ; and
ERSQ risk evaluation submissions for certain substances.
These obligations will require manufacturers and importers to start building a substance-by-substance compliance matrix, identifying scope, hazard status, LCA status, pre-existing or new status, threshold applicability, notification deadlines, RENASQ reporting duties, and any ERSQ-triggered duties.
Undoubtedly, these requirements will create more complexity and increase compliance time and efforts for companies who are obligated.