1. Objective:
The purpose of this regulation is to establish the labeling requirements for hazardous chemical products, according to criteria set forth in the hazard classification established by the most recent version of the Globally Harmonized System of Classification and Labelling of Chemicals (GHS).
2. Scope of Application:
This regulation applies to all hazardous chemical products.
The following products are exempt from this regulation:
a. Raw materials for medicines, cosmetics, and foods.
b. Human medicines.
c. Veterinary medicines and related products.
d. Pesticides for domestic and professional use.
e. Fertilizers for domestic use.
f. This regulation shall not apply to repellents for human use or for the home, once specific legislation is issued, in accordance with the provisions of Transitory Provision III of this regulation.
g. Products used as Wood Preservatives for industrial use in wood treatment.
h. Narcotics and psychotropic substances.
i. Food additives.
j. Products or devices that emit ionizing radiation.
k. Chemical, biological, or related substances for agricultural use.
l. Products classified as Biomedical Material and reagents for analysis for exclusive use in clinical laboratories.
m. Hygienic Products, according to Executive Decree No. 34887-COMEX-S-MEIC of July 25, 2008, 'Publication of Resolution No. 230-2008 (COMIECO-L) dated June 26, 2008, Central American Technical Regulation RTCA 71.03.37:07 Hygienic Products. Registration and Sanitary Inscription of Hygienic Products, Central American Technical Regulation RTCA 71.03.38:07 Hygienic Products. Labeling of Hygienic Products; and the Recognition of Registration.' n. Sanitary Inscription of Hygienic Products.
o. Products used on fruits, seeds, grains, and vegetables.
p. Products used to make water potable.
q. Gases for use in persons or animals.
r. Reagents for microbiological use.
s. Tobacco, its derivatives, and additives for tobacco products.
t. Products for veterinary use.
u. Formulated Synthetic Pesticides, Active Ingredient Technical Grade, Adjuvants, and Related Substances for Agricultural Use.
3. References This regulation is complemented by the following:
3.1 Executive Decree No. 19797-S of July 17, 1990, prohibiting propellant gases included in the Montreal Protocol, in Group 1 with CFC (chlorofluorocarbon) numbers 11, 12, 113, 114, and 115; and in Group 2, which includes Halon numbers 1211, 1301, and 2402, in aerosols, published in La Gaceta No. 146 of August 6, 1990.
3.2 Executive Decree No. 21060-MEIC-S of February 12, 1992, regulating the use of Sodium Hypochlorite (Chlorine), published in La Gaceta No. 48 of March 9, 1992.
3.3 Executive Decree No. 24334-S of December 22, 1994, "Regulation for the control of lead and mercury content in paints," published in La Gaceta No. 114 of June 14, 1995.
3.4 Executive Decree No. 25056-S-MEIC-MINAE of February 19, 1996.
3.5 Executive Decree No. 25352-S of July 9, 1996, regulating the control of inhalable products, published in La Gaceta No. 143 of July 29, 1996.
3.6 Executive Decree No. 26118-S of June 11, 1997, prohibiting the sale to the public for domestic uses and the domestic use of Potassium Dichromate, published in La Gaceta No. 129 of July 7, 1997.
3.7 Executive Decree No. 27502-S of November 20, 1998, "Regulation on the Use and Manufacturing of Pyrotechnic Materials," published in Supplement No. 92 to La Gaceta No. 245 of December 17, 1998.
3.8 Executive Decree No. 27567-S of January 4, 1999, on the storage, production, and sale of gases for hospital use, published in Supplement No. 1 to La Gaceta No. 6 of January 11, 1999.
3.9 Executive Decree No. 28930-S of August 9, 2000, "Regulation for the handling of hazardous products," published in La Gaceta No. 184 of September 26, 2000.
4. Definitions:
For the purposes of interpreting this regulation, the following definitions are established:
4.1. Hazard classification: The hazard classification (clasificación de peligrosidad) of products is performed according to the criteria established in parts 2, 3, and 4 of the sixth revised edition of the GHS, for physical hazards, health hazards, and environmental hazards. This version is accessed at the site: http://www.unece.org/es/traiis/daliger/ptibli/olis/glis_rev06/06files_s.htnil 4.2. Label: Any tag, sign, mark, image, or other descriptive or graphic material that has been written, printed, stenciled, marked, embossed or engraved, or adhered to the container, which identifies and describes the product contained therein.
4.3. Supplementary label: One that is adhered to the product container to translate the mandatory information when the original label is declared in a language other than Spanish; or, it supplements mandatory information not included on the original label. This must comply with the labeling characteristics as defined in this decree.
4.4. Manufacturer: Individual or legal entity dedicated to producing a chemical product.
4.5. Safety data sheet (SDS): Technical reference of the product, which must comply with the information established in the GHS and be no more than five years old from its issuance or last revision. The content of the Safety Data Sheet is indicated in Annex 1 and the guide for its preparation and content specification is located in Annex 4 of the GHS, sixth revised edition.
4.6. Batch identification: Each container must bear an indication, engraved or marked in any other way but indelibly, that allows identification of the batch number or code. The declaration must begin with words such as; "batch", "batch number", "batch code", "Batch No.", "Batch Code" or recognized abbreviations such as; "Lot", "L", or "NL". It may be followed by its identification or indicate where it is located.
4.7. Batch: Specific quantity of any material that has been manufactured under the same operating conditions and during a specific period, ensuring uniform characteristics and quality within certain specified limits and is produced in a manufacturing cycle.
4.8. Ministry: Ministry of Health.
4.9. Trade name: Name by which the manufacturing company identifies a specific product for its commercialization, as recorded in the Safety Data Sheet.
4.10. Chemical name: Scientific designation for a substance, according to the nomenclature system developed by the International Union of Pure and Applied Chemistry (IUPAC) or by the CAS nomenclature rules; it may also be a technical name.
4.11. Batch number: Any combination of letters, numbers, or symbols used for the identification of a batch. The batch number must be indicated by the product manufacturer.
4.12. Hazardous chemical product: Any product, pure substances or solutions, mixtures, or preparations of a toxic, combustible, oxidizing, flammable, irritant, corrosive nature, or otherwise declared as such by the Ministry through decree or administrative resolution, and those that classify for any physical, health, or environmental hazard (peligro para la salud y el medio ambiente), according to the criteria established in the Globally Harmonized System of Classification and Labelling of Chemicals (GHS), in its sixth revised edition in the Spanish language.
4.13. Draft label: Preliminary document or final artwork signed by the responsible professional, which complies with the requirements specified in the current legislation and whose content will be consistent with the information to be included on the final product label.
4.14. Registration: Approval by the Ministry of Health, as a prerequisite for the importation or commercialization of a hazardous chemical product, once it has passed the evaluation process regarding its hazard, labeling, and specific uses.
4.15. Specific use of the product: Complete description of the functions for which the product was manufactured.
5. Abbreviations.
5.1 GHS: Globally Harmonized System of Classification and Labelling of Chemicals.
5.2 OECD: Organisation for Economic Co-operation and Development.
5.3 CAS: Chemical Abstracts Service.
6. Mandatory Labeling All hazardous chemical products must have labels in the Spanish language, legible, adhered to or printed on their container, or on a supplementary label.
7. Labeling Requirements 7.1 The label must be presented in the Spanish language and contain the following information:
a. Trade name of the product.
b. Sanitary registration number.
c. Batch number.
d. Specific use of the product.
e. Name and country of the manufacturer or supplier of the product.
f. Name, address, and telephone number of the importer or distributor.
g. List of hazardous ingredients by their chemical or common name and their concentration (%), the same as declared in the Safety Data Sheet.
h. Indication of the net content or weight expressed in the international system of units.
i. Instructions for use.
j. Signal word, hazard statements (indicaciones de peligro), and precautionary statements (consejos de prudencia) (general, prevention, response, storage, disposal) relating to the product's hazard for humans, animals, and the environment, in accordance with the provisions of the GHS, according to the hazard classification. It is not necessary to indicate the hazard codes or the precautionary statement codes on the label.
k. Hazard pictogram according to the GHS classification. The symbology must present the respective colors and indications.
l. Include and highlight in bold the following legends:
"In case of poisoning, consult a doctor and provide this label" "Keep out of the reach of children" m. Indicate the telephone number of the National Poison Center (Centro Nacional de Intoxicaciones).
7.2 If the product's original label is presented in a language other than Spanish, the mandatory information must be placed in Spanish on a supplementary label, in a visible location.
7.3 Products that already have part of the requested information printed on their original container or label must attach the missing information on a supplementary label.
7.4 The hazard pictograms, the signal word, and the hazard statements must be located together on the label.
7.5 The GHS criteria shall be used to establish the order of priority in the assignment of symbols, signal words, and hazard statements.
8. Labeling in Industry.
In industries that use hazardous chemical products for the manufacturing of other goods, the use of labels that do not comply with all the requirements established in section 7 of this regulation shall be permitted, provided that alternative means are used to provide workers with the information that should be contained on the label. These alternative means must guarantee that there is clear communication of the information described in the requirements established in this decree for the label of hazardous chemical products. In all cases, the symbology established by the GHS must be respected, as well as the order of priority in the assignment of symbols, signal words, and hazard statements.
Workers must also have been trained to understand the alternative means of communication used in the workplace.
9. Verification The Ministry of Health shall verify compliance with the provisions of this regulation through inspection, sampling, or physicochemical analysis, by the Health Authorities, in commerce, distribution companies, customs, fiscal warehouses, storage facilities, warehouses, or production and industrialization plants and other establishments.
Likewise, it may request certifications, invoices, and any other document that allows it to verify compliance with this regulation, when it deems it necessary.
10. Special Measures.
In the event of proven non-compliance with the provisions of this regulation, the health authority shall proceed to apply special measures, based on the provisions of Book II, Chapter 11, "On Special Measures" (De las medidas especiales), Article 355 and following, of Law No. 5395 of October 30, 1973, "General Health Law", without prejudice to the civil or criminal liability incurred by the individuals or legal entities responsible for such non-compliance; and without prejudice to any other sanction that may proceed in accordance with current legislation.
The Ministry, following the law and the constitutional principles of the fundamental guarantee of due process (debido proceso) and the right to defense, may cancel the registration or notification of non-hazardous.
11. Concordance 11.1 United Nations Globally Harmonized System of Classification and Labelling of Chemicals 12. Bibliography 12.1 United Nations Globally Harmonized System of Classification and Labelling of Chemicals, Sixth Revised Edition, in the Spanish language. Available on the Ministry of Health website: www.ministeriodesalud.go.cr or at: http://www.unece.org/es/trans/danger/publi/ghs/ghs_rev06/06files_s.html ---END OF REGULATION-----