South of the Border HazCom:
Mexico and Central America
Hebert Joffre Mastachi
3M Mexico
SCHC Spring meeting - March 28, 2006
Geography
Latin America stretches
from Baja California in the
north of Mexico to Cape
Horn in the south of
Argentina (21 countries) -
An area nearly twice as
large as the European
Union and the United
States combined
Popullation
?Approx. 828 billion people live in this
region ?more than in either the EU or
the US
Geographical sub-regions
North America Central America South America
Argentina
Mexico Belize Bolivia
Costa Rica Brazil
El Salvador Chile
Guatemala Colombia
Honduras Ecuador
Nicaragua French Guiana
Panama Guyana
Paraguay
Peru
Suriname
We share culture and in Uruguay
most countries we share the Venezuela
language!
Trade Agreements
?NAFTA (Can, US, Mex)
?MERCOSUR
(Brazil, Argentina,Paraguay
and Uruguay)
?ANDEAN COMMUNITY
(Bolivia, Colombia, Ecuador,
Peru and Venezuela)
?ALADI
(12 Latin American countries)
Chemical Industry
Sales Exports Imports
$ Billions 1999 2000 1999 2000 1999 2000
Brazil $42.6 $36.2 $3.1 $3.0 $8.2 $7.6
Mexico 12.3 12.7 3.0 2.9 7.2 7.7
Argentina 11.0 12.0 1.3 1.2 4.0 3.7
Venezuela 3.0 2.6 1.0 0.9 1.3 1.6
Chile 1.6 1.5 1.0 0.8 1.3 1.1
Note: Trade figures do not include pharmaceuticals or photographic materials.
Sources: Chemical and Engineering News, Data from Country chemical industry
associations
Regulatory Framework
Things we have in common as a region:
?Mainly focus on:
? Environmental Controls (emissions, waste,etc.)
? Health and Safety at workplace
? Import registration
? Banned or restricted substances (Pesticides)
? Transportation of hazardous materials
?None of the 21 countries have New Chemical
Notification System or Inventory of existing
Chemicals
International Agreements
Most LA countries signed or
recognize the following agreements:
?Montreal Protocol
?Chemical Weapon Precursors
?Global Harmonised System
NAFTA
North America Free Trade Agreement
NAFTA
North America Free Trade Agreement
?Canada, U.S.A and Mexico
?Signed on 1993
?Free Trade of products and
services favoured by the
elimination of tarrifs
?Consumer Goods
?Industrial products
NAFTA and Haz Com Regulations
?NAFTA contained 900 pages of one-
size-fits-all rules to which each nation
was required to conform all of its
domestic laws, including:
? Environment, Health and
? Safety regulations
? Food Safety
? Water, Energy and Health Care
Chemical Regulations in
Mexico after NAFTA
稭SDS standard (Spanish)
Canada OHS Mexican Ministry 稥xposure limits
US - OSHA of Labor - STPS 稰PE
稲isk and hazard
definitions for workplaces
稥nvironmental
Environment Mexican Ministry Protection Law
Canada of the Environment 稩ndustrial emissions to
the Environment
SEMARNAT (1994)
US ?EPA
稵oxic Release Inventory
稩mport permits for toxic
chemicals
Chemical Regulations in
Mexico after NAFTA
稲egulations for the
Transport Mexican Ministry Transportation of
Canada of Transportation Hazardous Goods
US - DOT SCT 稶N Recommendations
稦ood Safety (products)
Mexican Ministry 稲egistration of Medical
Health of Health ?SSA Drugs, Health care
Canada Agency for the products, Cosmetics,
US ?FDA Control of Disinfectants, Pesticides,
Fertilizers, Toxic
Sanitary Risks
substances,
COFEPRIS biotechnological
products and others
Chemical Regulations in
Mexico after NAFTA
稲egulations for the
Canada Mexican Ministry Import/Export and
DND/CF of Defense commercialization of
US - DOD SEDENA explosives
稰hyto-sanitary risk
management
AAC Canada Mexican Ministry
稟nimal care and
US ?DA of Agriculture
Veterinary products
SAGARPA
稦ood Safety (production)
Structure of Mexican Regulations
Laws (Acts)
-
Codes of practice (Reglamentos)
Standards (NOMs)
Hazcom Regulations
Agreements
+ (DOF)
More Specific
Structure of Mexican Regulations
?Requirements for Import/Export and
Commercialization of chemical products are
explained on detail at:
?Codes of practices (REGLAMENTOS)
?National Standards (NOMs)
?NOM-XX-STPS
?NOM-XX-SEMARNAT
?Etc.
?Agreements Published in the National Official
Gazette (Diario Oficial de la Federaci髇 - DOF)
MERCOSUR
Southern Common Market
What is Mercosur?
?An International Agreement
(signed in 1991) among the
following nations:
? Argentina
Total Extension:11,863,000 km2
? Brazil
? Paraguay
? Uruguay
?The agreement covers:
?Free trade (unification of external
tariffs)
?Economic development (Mutual
protection)
?Environmental policy
?Social development
What is Mercosur?
?Objective: Insert Mercosur nations into the
World Market in a more competitive position
?Same facilities for investment
?Regional economic growth
?Sustainable Development is a clear priority
?Inventory of Emissions, Industrial Environmental
Performance, Waste Management, Import/Export of
Hazardous Materials, Environmental Emergencies
Mercosur creates regulations
for the four members
?TECHNICAL CODES OF PRACTICES
?Standards for the Packaging Industry
?Standards for the transportation of infectious substances and
hazardous goods (UN Guidelines)
?Standards for product safety (Cosmetic, pharmaceuticals,etc.)
?Standards for Food Safety
?Lists of controlled substances
Real benefits for Commercialization
of chemical products
?Mercosur resolutions have harmonized criteria for
the commercialization of different chemical
products by:
?Recognizing product safety evaluations from other
country members
?Agreeing which chemicals are acceptable in products
(such as colorants, polymers, food, cosmetics,
pharmaceuticals and health care products)
?Agreeing which chemicals have "Free Circulation" in
the four nations and which are not (Agreement on
Environmental Cooperation)
However...
?Mercosur has not developed an
Harmonized Hazard Communication
System
?MSDS
?Product Labeling
?Declaration forms
Andean
Community
The Andean Community
The Andean Community is a
sub-regional organization
endowed with an
international legal status,
which is made up of:
Bolivia
Colombia
Ecuador
Peru
Venezuela
Free trade of goods
?The trade in goods between
Bolivia, Colombia, Ecuador, and
Venezuela is fully deregulated,
which means that goods
originating in any one of those
countries can enter the territory of
the others duty-free
?Peru is becoming part through a
Liberalization Program
? Free circulation of goods
? Free circulation of capital
? Free circulation of services
? Free circulation of people
Haz Com Regulations
?United Nations Manual for the Transport of
Hazardous Goods
?Control of Chemical Substances Used in the
Illicit Manufacture of Narcotic Drugs and
Psychotropic Substances
?The purpose of this Regulation is to enhance control and
surveillance of import, export, transport and any other type of
transactions at the Andean level and from other countries, of the
chemical substances included in the Basic Harmonized List for
Community Use
?List of regulated substances:
?http://www.sice.oas.org/Trade/Junac/Decisiones/DEC602E.asp
Haz Com Regulations
?Import/Export permits for substances
included in the previous list / Local
registration
?Import Licenses
?The governments have abolished import licenses for the vast majority
of products.
?The only remaining products requiring licenses are firearms, munitions
and explosives imported by private persons, chemical precursors
(applicable to cocaine production) and ammonium nitrate fertilizer,
which has been used as a blast enhancer for terrorist car bombs
?Preserve the authority of each Member Country to regulate
surveillance of all stages of trading, including production, storage
and distribution, among others, in accordance with the stipulations
of this Regulation
Haz Com Regulations
Haz Com Regulations
Standard hazard communication label
ALADI
Latin American Group of
Integration
What is ALADI?
?The largest Latin American
Group of Integration (Created
in 1980, 12 members):
?Argentina, Bolivia, Brazil, Chile,
Colombia, Cuba, Ecuador,
Mexico, Paraguay, Peru,
Uruguay and Venezuela
?Totaling 20 million sq km and
more than 430 million people
?Any Latin-American country
can join
Haz Com regulations
?ALADI is a very good source of
regulatory information (Some in
English and most in Spanish)
ALADI Regulatory information
Word Documents in
Spanish
Ok, I have a new product.
What do I need to place it
on the market?
Ready to commercialize?
?Your industry must be registered at the
Minestry of Commerce and you must
get all the permits to operate:
?Describe your manufacturing process
?Environmental and EHS
?Import/Export license
?If you export, your local partner must
comply with these requirements
What information prepare?
?What kind of product is it? ?Is it
considered hazardous or not?
?It goes to Consumer market or
Industrial applications?
Consider that different regulations
apply depending on who the final
user will be ?especially labeling
Is it hazardous?
Argentina, Bolivia, Chile, and Mexico
consider a hazardous material:
Toxic
Other countries have
Corrosive
lists of specific
Reactive chemicals considered
Explosive Hazardous.
Flammable
Phatogenic
Health risk
Information Required :
?Hazardous Material
? Chemical identity
? Description of product manufacturing
? MSDS plus Toxicity data
? Precautionary labeling
? NFPA or HMIS classification
? Environmental Fate (Costa Rica)
? Import Permit
?The Ministry of Health or the Environmental
Agency are normally responsible for controls
Not Hazardous....
?Chemical identity (MSDS
accepted but not compulsory)
?Precautionary Label (Translation
of US or EU label is acceptable)
Consumer products
?Examples: Cleaning products,
multipurpose chemicals, automotive
aftermarket, etc.
?Labelling rules vary:
?Argentina follows EU guidelines
?All others accept US or EU translations but
incorporate commercial requirements
?Mexico has especial requirements for
cleaners (NOM-189)
?Have you thought about final user?
Example of product
introduction:
?3M Super Window Adhesive
INGREDIENTS (C.A.S. No. and % by Wt)
POLYURETHANE PREPOLYMER (68130-40-5) 40 - 60
CARBON BLACK (1333-86-4) 15 - 30
PLASTICIZER (68515-51-5) 10 - 25
KAOLIN (1332-58-7) 10 - 15
TOLUENE (108-88-3) 2-5
P,P'-METHYLENEBIS(PHENYL ISOCYANATE)
(101-68-8) < 0.2
Chile
? Ingredients are not banned
? MSDS and Label in Spanish
? Transportation Data Sheet
? Adhesives with more than 1% of
Toluene are for industrial use only, and
require special permit
Mexico
?Harmonized Code:
1045.67.34.2
?MSDS and Precautionary label in
Spanish
?NOM-050 for consumer market
?MSDS is accepted for transportation
3
1 0
What else my customer needs?
?Where is he going to sell the final
product?
?Is there any special requirement?
?IMDS registration (Automotive industry)
?Heavy metal declaration for electronic
goods (Sony, JVC, others)
?Etc.
?CAUTION! Not meting this
requirements since the beginning will
impact on your productivity
A negative answer from the
authority?
? Most common failures:
1. Incomplete documentation
2. Typographic (finger) mistakes
3. Omission of information (by mistake
or intentionally)
4. Information in other languages
besides Spanish
How much time do I need
before the launching date?
?According to 3M experience 3 weeks for
non hazarouds and 2 months in case of
requiring import permits.
?Mexico
?Argentina
?Colombia
?Chile
?Venezuela
Relatioship with local
authorities
?Myth
?You don磘 need to deliver all the technical
information, just need a FRIEND on the
agency
?Reality
?LA is changing, and corruption is not a way
now to get your permissions or licenses, so
is easier to do things right
Who can help?
?Local industrial associations
?Local regulatory agency
Thank you for
your attention
|