1. Object.
The purpose of this Regulation is to establish the requirements and procedures for the registration, importation and control of hazardous chemical products to protect public health and the environment.
2. Scope of application.
This Regulation shall apply to potentially hazardous chemical products during the processes of production, storage, use in the workplace, consumption and presence in the environment.
The following products are exempted from this regulation:
- a)Raw materials for medicines, cosmetics and foods.
- b)Human medicines.
- c)Veterinary medicines and finished products d) Pesticides for domestic use and professional use.
- e)Fertilizers for domestic use.
- f)This regulation shall not apply to repellents for human use or for the environment when a specific regulation is issued, in accordance with the provisions of Transitorio II of this regulation. Veterinary medicines and related products.
- g)Products used as wood preservatives (Preservantes de Madera) for industrial use for the treatment of timber.
- 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.
- I)Products classified as Biomedical Material and reagents for analysis for exclusive use in clinical laboratories.
- m)Hygienic Products according to the Central American Technical Regulation RTCA 71.03.37:07 on Registration and Inscription of Hygienic Products, Decreto Ejecutivo No. 34887-COMEX-S-MEIC, of 25 July 2008.
- n)Products used on fruits, seeds, grains and vegetables.
- o)Products used for water potabilization.
- p)Gases for use in persons or animals.
- q)Reagents for microbiological use.
- r)Tobacco, its derivatives and additives for tobacco products.
- s)Products for veterinary use.
3. References.
This Regulation shall be complemented by the following:
3.1 Decreto Ejecutivo No. 19797-S "Reglamento Uso Aerosoles Incluidos Protocolo Montreal". Published in La Gaceta No. 146 of 06 August 1990. t) Formulated Synthetic Pesticides, Technical Grade Active Ingredient, Adjuvants and Related Substances for Agricultural Use.
3.2 Decreto Ejecutivo No. 21060-MEIC-S "Regulación sobre el Uso de Hipoclorito de Sodio". Published in La Gaceta No. 48 of 09 March 1992.
3.3 Decreto Ejecutivo No. 24334-S "Reglamento para regulación del Contenido Plomo y Mercurio en Pinturas". Published in La Gaceta No. 114 of 14 June 1995.
3.4 Decreto Ejecutivo No. 25056-S-MEIC-MINAE "Reglamento de Uso Controlado del Asbestos y Productos que lo contengan". Published in La Gaceta No. 72 of 16 April 1996.
3.5 Decreto Ejecutivo No. 25352-S "Regula el Control de Productos Inhalantes". Published in La Gaceta No. 143 of 29 July 1996.
3.6 Decreto Ejecutivo No. 26118-S "Prohibe la venta para Uso Doméstico del Dicromato de Potasio". Published in La Gaceta No. 129 of 07 July 1997.
3.7 Decreto Ejecutivo No. 27502-S "Reglamento sobre uso y Fabricación de Materiales Pirotécnicos". Published in Alcance 92A to La Gaceta No. 245 of 17 December 1998.
3.8 Decreto Ejecutivo No. 27567-S "Requisitos para la Producción de Almacenamiento y Distribución de Gases de Hospitales". Published in Alcance No. 1-A to La Gaceta No. 6 of 11 January 1999.
3.9 Decreto Ejecutivo No. 28930-5 "Reglamento para el Manejo de Productos Peligrosos". Published in La Gaceta No. 184 of 26 September 2000. to 3.10 Decreto Ejecutivo No. 37988-5 "Reglamento para el funcionamiento y la utilización del portal "Regístrelo"". Published in La Gaceta No. 203 of 22 October 2013. 3.11 Decreto Ejecutivo No. 39414-MEIC-S "Reglamento Técnico RTCR 479:2015 Materiales de Construcción. Cementos Hidráulicos. Especificaciones". Published in ~II La Gaceta No. 1, Alcance No. 1 of 04 January 2016.
4. Abbreviations.
4.1. CAS: Chemical Abstracts Service.
4.2. IBC: International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk.
4.3. IUPAC: International Union of Pure and Applied Chemistry.
4.4. MARPOL73/78: International Convention for the Prevention of Pollution from Ships.
4.5. OECD: Organisation for Economic Co-operation and Development.
4.6. ONU: Organization of the United Nations.
4.7. SGA: Globally Harmonized System of Classification and Labelling of Chemicals (Sistema Globalmente Armonizado de Clasificación y Etiquetado de Productos Químicos).
5. Definitions. For purposes of interpretation of this Regulation, the following definitions are established:
5.1. Hazard classification (Clasificación de peligro): considering the intrinsic conditions of substances or mixtures (mezclas), it involves the identification of the relevant data on the hazards of a substance (sustancia) or mixture, the subsequent examination of that data to identify the hazards associated with the substance or mixture, and the decision on whether the substance or mixture will be classified as hazardous and the determination of its degree of hazard.
5.2. IBC Code (Código IBC): International Code of the International Maritime Organization for the construction and equipment of ships carrying dangerous chemicals in bulk.
5.3. Authorized distributor or importer (Distribuidor o importador autorizado): Natural or legal person authorized by the registration holder (titular del registro) to distribute or import the registered product. The Authorized person must hold a Permiso Sanitario de Funcionamiento for the handling of chemical products.
5.4. Label (Etiqueta): Any tag, mark, brand, image or other descriptive or graphic matter, written, printed, stenciled, marked, embossed or debossed, or adhered to the container, which identifies and describes the product contained therein; it must comply with the requirements established in the current and applicable labeling regulations.
5.5. Supplementary label (Etiqueta complementaria): One that is adhered to the product container to translate the mandatory information when the original label is in a language other than Spanish; or, it supplements the mandatory information not included on the original label.
5.6 Manufacturer (Fabricante): Natural or legal person engaged in producing a chemical product.
5.7. Family of chemical products (Familia de productos químicos): A set of chemical products that have been made by the same manufacturer, have the same manufacturing process and that will be used for the same use, with the same hazard classification and composition, differing exclusively in: color, viscosity, aroma or presentation, with the same trademark (marca) and trade name (nombre comercial).
5.8. Safety data sheet (Ficha de datos de seguridad, FDS): Technical reference for the product, which must comply with the information established in the SGA and be no more than five years old from its issuance or its last revision. The content of the Safety Data Sheet is indicated in Anexo 1 and the guide for its preparation and specification of content is located in Annex 4 of the SGA, sixth edition.
5.9. Data sheet or technical sheet (Hoja técnica o ficha técnica): Document specifying the physical, chemical and biological characteristics of a product, as well as studies, indications and conditions of use.
5.10. Product kit (Kit de productos): Consists of a set of two or more hazardous chemical products offered under a single presentation.
5.11. Handling of hazardous chemical products (Manejo de productos químicos peligrosos): Is the manufacture, importation, storage, distribution, supply, sale, use, transport and final disposal of hazardous chemical products.
5.12. Trademark (Marca): Any sign or combination of signs that allows distinguishing the goods or services of one person from those of another, considering these sufficiently distinctive or likely to identify the goods or services to which they are applied against those of the same species or class.
5.13 Mixture (Mezcla): Material formed by two or more components joined, but not chemically combined. They are characterized by having a variable composition or by the fact that it is possible to separate them into their constituent elements by physical means.
5.14. Ministry (Ministerio): Ministry of Health.
5.15. Trade name (Nombre comercial): Name by which the manufacturing company identifies a specific product for its marketing, as recorded in the Safety Data Sheet (Ficha de Datos Seguridad).
5.16. Chemical name (Nombre químico): 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. 5.13. Mixture (Mezcla): Material formed by two or more components joined, but not chemically combined. They are characterized by having variable composition or by the fact that it is possible to separate them into their constituent elements by physical means.
5.17. Notification of non-hazardous products (Notificación de productos no peligrosos): Voluntary process of formal communication by the registration holder or its legal representative (representante legal), to the Ministry of Health, regarding the use of non-hazardous chemical products.
5.18. CAS Number (Número CAS): Substance registration number with the Chemical Abstracts Service; it is a unique, unmistakable numerical identifier for the chemical substance, providing an unambiguous way to identify a chemical substance or molecular structure when there are many systematic, generic, proprietary, etc., names.
5.19. UN numbers or UN identifiers (Números ONU o identidades UNO): are four-digit numbers used to identify hazardous substances or materials (such as explosives, flammable liquids, toxic substances, etc.) within the framework of international transport. It is a platform fighting environmental pollution and some of these hazardous substances have their own UN numbers (such as acrylamide which has UN2074), while some groups of chemicals or products with similar properties receive a particular UN number. A chemical in its solid state may have a different UN number than when in a liquid state, if its hazardous properties differ significantly; substances with different purity levels or concentration in solution may also have different UN numbers. The range of UN numbers goes from UN0001 to around UN3500, they are not assigned to substances that are not hazardous (those simply do not have a UN number), and they do not possess a mechanism to deduce the hazard classes of a substance just by seeing its UN number; they must be looked up in a table. They are assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods and are published in their Recommendations on the Transport of Dangerous Goods, also known as the Orange Book. These recommendations are adopted by the regulatory organization responsible for the different modes of transport.
5.20. Dust (Polvo): Generic name for solid particles with a diameter of less than 500 micrometers (50 µm) and, more generally, fine matter.
5.21. Non-hazardous chemical product (Producto químico no peligroso): One that, following the decision procedures established by the SGA in its sixth edition, is not classified under any of the established hazard criteria.
5.22. Hazardous chemical product (Producto químico peligroso): Any product, pure substances or solutions, mixtures (mezclas) or preparations of a toxic, combustible, oxidizing, flammable, irritant, corrosive nature, or any other declared as such by the Ministry through decree or administrative resolution, and those that classify in any physical, health or environmental hazard, in accordance with the criteria established in the SGA, in its sixth edition in Spanish.
5.23. Hazardous chemical product with a CAS number (Producto químico peligroso con número de CAS): Product with a numerical identifier with the Chemical Abstracts Service.
5.24. Food-grade hazardous chemical product (Producto químico peligroso de grado alimentario): Product intended for the food industry that performs a technological function but is not itself a food ingredient and that may come into contact with food, potentially leading to the unintentional but inevitable presence of residues or derivatives in the food, and therefore requires special characteristics.
5.25. Hazardous chemical product without a CAS number (Producto químico peligroso sin número de CAS): Product without a numerical identifier with the Chemical Abstracts Service; even though its individual hazardous components may have a CAS number. administrative resolution, and those that classify in any physical, health or environmental hazard, in accordance with the criteria established in the SGA, in its sixth edition in Spanish.
5.26. Finished product (Producto terminado): Manufactured hazardous chemical product that is intended for final consumption or for use by another company.
5.27. Responsible professional (Profesional responsable): Person with technical and legal competence responsible for the technical information provided in the hazardous chemical product registration procedure before the Ministry of Health, in accordance with current legislation in Costa Rica.
5.28. Product owner (Propietario del producto): Natural or legal person owning the product formula.
5.29. Label project (Proyecto de etiqueta): Preliminary document, or final artwork, signed by the responsible professional, which meets the requirements specified in the current regulations and which will be congruent in its content with the information that will be included on the final label of the product.
5.30. Registration (Registro): Approval by the Ministry of Health, as a prerequisite for the importation or marketing of a hazardous chemical product, once it has passed the evaluation process regarding its hazard, labeling and specific uses.
5.31. Legal representative (Representante legal): Natural person residing in Costa Rica, authorized by the registration holder through a power of attorney, to respond before the Ministry of Health.
5.32. Substance (Sustancia): Chemical element and its compounds in a natural state or obtained through any production process, including the additives necessary to preserve the stability of the product and the impurities resulting from the process used, and excluding solvents that can be separated without affecting the stability of the substance or modifying its composition.
5.33. Registration holder or sanitary responsible (Titular del registro o responsable sanitario): Natural or legal person owning the sanitary registration (registro sanitario) and who is legally responsible before the Ministry of Health for any breach of registration, safety information, hazard classification, manufacturing, formulation, importation, labeling and any other condition pertaining to the product.
5.34. Specific use of the hazardous chemical product (Uso específico del producto químico peligroso): Complete description of the functions and applications for which the product was manufactured.
6. Classification of hazardous products.
http://www.0 nece.orgies/trans/danger/publ Ughsighs_rev06/06fi les_s.htm I It is not required for health and environmental hazards to obtain test data if they are not available. The criteria established for classifying a mixture (mezcla) will allow the use of available data on it, on similar mixtures, or on all or some of its components. The assignment of categories or subcategories (where applicable) shall be made only to the extent that the available information permits it.
The types of hazards are presented below. For the details of these and the classification criteria, refer to the SGA. The classification of hazardous products must be carried out in accordance with the criteria established in parts 2, 3 and 4 of the SGA, in its sixth edition, in Spanish, for physical hazards, health hazards and environmental hazards. This version is accessed on the site:
6.1. Physical Hazards.
6.1.1.
An explosive substance (Sustancia explosiva) is a solid or liquid substance (or mixture of substances) that can spontaneously, through a chemical reaction, release gases at a temperature, pressure and speed such that they can cause damage to its surroundings. This definition includes pyrotechnic substances, even when they do not release gases.
A pyrotechnic substance (Sustancia pirotécnica) is a substance (or mixture of substances) intended to produce a calorific, luminous, sonic, gaseous or smoke effect, or a combination of such effects, as a consequence of self-sustained non-detonating exothermic chemical reactions.
An explosive article (Objeto explosivo) is an article containing one or more A pyrotechnic article (Objeto pirotécnico) is an article containing one or more pyrotechnic substances or mixtures.
6.1.2. Flammable Gases: A pyrotechnic substance (Sustancia pirotécnica) is a substance (or mixture of substances) intended to produce a calorific, luminous, sonic, gaseous or smoke effect, or a combination of such effects, as a consequence of self-sustained non-detonating exothermic chemical reactions.
A flammable gas is a gas that ignites in air at 20°C and at a reference pressure of 101.3 kPa.
A pyrophoric gas is a flammable gas that can ignite spontaneously in air at a temperature equal to or lower than 54°C.
A chemically unstable gas is a flammable gas that can explode even in the absence of air or oxygen.
6.1.3. Aerosols:
Aerosols, or aerosol generators, are non-refillable containers made of metal, glass or plastic, containing a compressed, liquefied or dissolved gas under pressure, with or without liquid, paste or powder, and fitted with a discharge device allowing the contents to be expelled as solid or liquid particles suspended in a gas, as foam, paste or powder, or in a liquid or gaseous state.
6.1.4. Oxidizing Gases:
6.1.5. Gases Under Pressure:
Gases under pressure are gases contained in a receptacle at a gauge pressure equal to or greater than 200 kPa at 20°C or as liquefied gases or refrigerated liquefied gases.
They include compressed, liquefied, dissolved and refrigerated liquefied gases.
6.1.6. Flammable Liquids:
A flammable liquid is a liquid with a flash point not exceeding 93°C.
6.1.7. Flammable Solids:
A flammable solid is a solid substance that ignites easily or can cause or activate fires through friction.
Solids that readily combust are powdery, granular or pasty substances that are dangerous in situations where it is easy for them to ignite by brief contact with an ignition source, such as a lighted match, and if the flame spreads rapidly.
6.1.8. Substances and mixtures which, in contact with water, emit flammable gases (autorreactivas):
Substances or mixtures which self-react (self-reactive substances or mixtures) are thermally unstable substances that can undergo a highly exothermic decomposition even in the absence of oxygen (air). This definition excludes organic peroxides and substances and mixtures classified under the SGA as explosives or oxidizing substances.
A self-reactive substance is considered to have explosive properties if, in laboratory tests, it can detonate, deflagrate rapidly or shows a violent reaction when heated under confinement.
6.1.9. Pyrophoric Liquid:
A pyrophoric liquid is a liquid that, even in small quantities, ignites within five minutes of coming into contact with air.
6.1.10. Pyrophoric Solid: A self-reactive substance is considered to have characteristics of explosives if, in laboratory tests, it can detonate, deflagrate rapidly or show a violent reaction when heated under confinement.
A pyrophoric solid is a solid that, even in small quantities, ignites within five minutes of coming into contact with air.
6.1.11. Substances and Mixtures which undergo spontaneous heating:
A substance or mixture which undergoes spontaneous heating is a solid or liquid substance or mixture, other than a pyrophoric liquid or solid, that can heat spontaneously in contact with air without an energy supply; this substance or mixture differs from a pyrophoric liquid or solid in that it only ignites when present in large quantities (kg) and after a long period of time (hours or days).
NOTE: The spontaneous heating of a substance or mixture is a process in which the gradual reaction of that substance or mixture with oxygen (from the air) generates heat. If the heat production is faster than the loss, the temperature of the substance or mixture increases and after an induction period, spontaneous ignition and combustion may occur.
6.1.12. Substances and Mixtures which, in contact with water, emit flammable gases:
Substances or mixtures which, in contact with water, emit flammable gases are solid or liquid substances or mixtures that, through interaction with water, tend to become spontaneously flammable or to emit flammable gases in dangerous quantities.
6.1.13. Oxidizing Liquids:
An oxidizing liquid is a liquid that, while not necessarily being combustible itself, may, generally by releasing oxygen, cause or contribute to the combustion of other substances.
6.1.14. Oxidizing Solids:
An oxidizing solid is a solid that, while not necessarily being combustible itself, may, generally by releasing oxygen, cause or contribute to the combustion of other substances.
6.1.15. Organic Peroxides:
Organic peroxides are liquid or solid organic substances that contain the bivalent -O-O- structure and may be considered derivatives of hydrogen peroxide, where one or both hydrogen atoms have been replaced by organic radicals. The term also includes formulations (mixtures) of organic peroxides. Organic peroxides are thermally unstable substances or mixtures, which can undergo a self-accelerating exothermic decomposition. In addition, they may have one or more of the following properties:
- a)Be liable to undergo explosive decomposition; b) Burn rapidly; c) Be sensitive to impact or friction; d) React dangerously with other substances.
An organic peroxide shall be considered to have explosive properties when, in a laboratory test, the formulation can detonate, deflagrate rapidly or show a violent effect when heated in a confined space.
6.1.16. Substances and Mixtures corrosive to metals:
A substance or mixture is corrosive to metals when, by its chemical action, it can damage or even destroy them.
6.1.17. Desensitized Explosives: An organic peroxide shall be considered to have detonate, deflagrate rapidly or show a violent effect when heated in a confined space.
A desensitized explosive is a solid or liquid explosive substance or mixture to which a phlegmatizer has been added to neutralize its rapidly and is thereby exempted from classification in the hazard class "Explosives".
The class of desensitized explosives comprises:
- a)Solid desensitized explosives: explosive substances or mixtures that have been desensitized by wetting them with water or alcohols or diluting them with other substances to form a homogeneous solid mixture in order to neutralize their explosive properties.
NOTE: This includes desensitization by the formation of hydrates of the substances.
- b)Liquid desensitized explosives: explosive substances or mixtures prepared in solution or suspension in water or other liquids to form a homogeneous liquid mixture in order to neutralize their explosive properties.
6.2. Health Hazards.
6.2.1. Acute Toxicity (Toxicidad Aguda):
Acute toxicity of a chemical substance refers to the adverse effects that manifest following the oral or dermal administration of a single dose of said substance, of multiple doses administered over 24 hours, or as a consequence of inhalation exposure for 4 hours.
6.2.2. Skin corrosion/irritation:
Skin corrosion is understood as the formation of irreversible skin damage, such as visible necrosis through the epidermis and into the dermis, as a consequence of the application of a test substance for a period of up to 4 hours. Corrosive reactions are characterized by ulcers, bleeding, bloody eschars, and, after a 14-day observation period, by discoloration due to skin blanching, complete areas of alopecia, and scars. Histopathological examination may be necessary to evaluate lesions that lend themselves to doubt.
Skin irritation is understood as the formation of reversible skin damage as a consequence of the application of a test substance for a period of up to 4 hours.
6.2.3. Serious eye damage/eye irritation:
Serious eye damage is understood as injury to ocular tissues or severe degradation of sight, as a consequence of the application of a test substance to the front surface of the eye, which is not fully reversible within 21 days following application.
Eye irritation is understood as the appearance of ocular lesions as a consequence of the application of a test substance to the front surface of the eye, which are fully reversible within 21 days following application.
6.2.4. Respiratory or skin sensitization:
A respiratory sensitizer is a substance whose inhalation induces hypersensitivity of the airways.
A skin sensitizer is a substance that induces an allergic response following skin contact. Eye irritation is understood as the appearance of ocular lesions as a consequence of the application of a test substance to the front surface of the eye, which are fully reversible within 21 days following application.
6.2.5. Germ cell mutagenicity:
This hazard class primarily refers to chemicals capable of inducing mutations in human germ cells that are transmissible to offspring. However, to classify substances and mixtures in this hazard class, in vitro mutagenicity/genotoxicity tests and those performed on mammalian somatic cells in vivo may also be considered.
A mutation is defined as a permanent change in the amount or structure of the genetic material of a cell.
The term "mutation" applies both to heritable genetic changes that may manifest at the phenotypic level and to the underlying DNA modifications when they are known (including, for example, changes in a specific base pair and chromosomal translocations). The terms mutagenic and mutagen shall be used to designate agents that increase the frequency of mutation in cellular tissues or in organisms, or both.
The more general terms genotoxic and genotoxicity refer to agents or processes that alter the structure, information content, or segregation of DNA, including those that cause damage to DNA, either by interfering with normal replication processes or by altering it in a non-physiological (temporary) manner. Results from genotoxicity tests are typically taken as indicators of mutagenic effects.
6.2.6. Carcinogenicity:
The term carcinogen refers to substances or mixtures that induce cancer or increase its incidence. Substances and mixtures that have induced benign and malignant tumors in experimental animals in well-conducted studies shall also be considered presumptively carcinogenic or suspected of being so, unless there is convincing evidence that the mechanism of tumor formation is not relevant for humans.
The classification of a substance or mixture within the "carcinogen" hazard category is based on its intrinsic properties and, therefore, does not serve to quantify the risk of cancer for humans associated with its use. The more general terms genotoxic and genotoxicity refer to agents or processes that alter the structure, information content, or segregation of DNA, including those that cause damage to DNA, either by interfering with normal replication processes or by altering it in a non-physiological (temporary) manner. Results from genotoxicity tests are typically taken as indicators of mutagenic effects.
6.2.7. Reproductive toxicity:
Reproductive toxicity includes adverse effects on sexual function and fertility in adult men and women, and adverse effects on the development of offspring.
Within this classification system, reproductive toxicity is subdivided into two categories of effects:
- a)Adverse effects on sexual function and fertility.
- b)Adverse effects on the development of offspring.
Some reproductive toxic effects cannot be clearly assigned to either alterations of sexual function and fertility or to toxicity to the offspring. However, chemicals with these effects shall be classified as toxic to reproduction with a general hazard statement.
6.2.8. Specific target organ toxicity - Single exposure:
Applies to substances or mixtures that produce specific target organ toxicity following a single exposure and which may, therefore, have adverse effects on the health of people exposed to them. b) Adverse effects on the development of offspring.
6.2.9. Specific target organ toxicity - Repeated exposure:
Applies to substances or mixtures that produce specific target organ toxicity following repeated exposure and which may, therefore, have adverse effects on the health of people exposed to them.
6.2.10. Aspiration hazard:
Aspiration is understood as the entry of a liquid or solid chemical product directly through the mouth or nose, or indirectly by regurgitation, into the trachea or lower airways.
6.3. Environmental Hazards.
6.3.1. Hazardous to the aquatic environment.
Intrinsic property of a substance to cause harmful effects in aquatic organisms during exposure to that substance in the aquatic environment.
6.3.2. Hazardous to the ozone layer.
Ozone depletion potential is a distinct integrated value for each halocarbon source species, representing the extent to which the halocarbon can reduce ozone in the stratosphere, expressed relative to the effect that the same mass of chlorofluorocarbon (CFC-11) would have.
7. Health Registration (Registro Sanitario).
7.1 General provisions. 6.3.2. Hazardous to the ozone layer.
7.1.1 The handling and use of those hazardous chemical products that are duly registered before the Ministry of Health shall only be permitted.
7.1.2 Every application for registration, renewal, and post-registration changes must be processed through the Regístrelo system platform, complying with the guidelines and requirements established in Executive Decree (Decreto Ejecutivo) No. 37988-5 of October 3, 2013, "Regulation for the operation and use of the portal "Regístrelo" (Reglamento para el funcionamiento y la utilización del portal "Regístrelo").
7.1.3 If the registration holder is foreign, they must appoint a legal representative residing in Costa Rica via a power of attorney. The power of attorney must be submitted in the Spanish language; otherwise, it must be accompanied by its respective translation into Spanish and have its corresponding legalization or apostille.
7.1.4 The manufacturer, in the case of domestically manufactured products, or the importer, for products manufactured abroad, must hold a valid operating permit in accordance with the activity to be carried out.
7.1.5 When a change in the product's composition occurs that entails a variation in the hazard classification, it shall be considered a new product; therefore, the registration holder or their legal representative must process a new registration in accordance with the requirements established in numeral 7.2 of this regulation.
7.1.6 When a product has more than one presentation, only one registration shall be required.
7.1.7 It is permitted to register under a single registration those products that meet any of the following characteristics, provided their use does not vary:
- a)Dilutions of the same pure product, at different concentrations, under a single registration, provided that its CAS number is kept and its hazard classification does not vary. 7.1.5 When a change in the product's composition occurs that entails a variation in the hazard classification, it shall be considered a new product; therefore, the registration holder or their legal representative must process a new registration in accordance with the requirements established in numeral 7.2 of this regulation.
- b)Products from the same holder company, with the same composition but with a different trademark or trade name, may be registered under a single application.
- c)A product Kit.
- d)A product family.
7.1.8 For the registration of product kits, product families, or product groups, the Safety Data Sheet must be submitted as established in numeral 7.2.3 for each of the products that constitute it.
7.1.9 The application for health registration (registro sanitario), renewal, or modification of a hazardous chemical product, as well as the submitted Safety Data Sheet, shall have the character of a sworn statement (declaración jurada). Each of these documents must be digitally signed by the responsible professional.
7.1.10 The registration holder may authorize third parties for the importation or distribution of the product, provided that they so indicate in the registration application or through a post-registration change.
7.1.11 The dilution, repackaging, or relabeling of a pure product does not modify its origin.
7.1.12 Documents must be submitted in the Spanish language; otherwise, they must be accompanied by their respective translation into Spanish.
7.1.13 Every document issued abroad must be legalized or apostilled, as appropriate. 7.1.10 The registration holder may authorize third parties for the importation or distribution of the product, provided that they so indicate in the registration application or through a post-registration change.
7.2 Requirements for the registration of hazardous chemical products.
7.2.1 For the purposes of registration requirements, hazardous chemical products shall be grouped into products with a CAS number or products without a CAS number. Products with a CAS number include: pure products, mixtures of defined composition, or any other product that has its own CAS number.
7.2.2 Requirements for the registration of hazardous chemical products with a CAS Number:
Registration application digitally signed by the responsible professional making the application, with the approval (refrendo) of the respective Professional Association (Colegio).
Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
- c)Payment of the fee established by the Ministry of Health, via decree, for registration procedures, registration renewal, and post-registration changes for finished hazardous chemical products, using the means enabled in the "Sistema Regístrelo".
(Paragraph c as amended by article 9 of the Regulation for the Collection of Fees for Notification Procedures for Food Raw Materials, Non-Hazardous Chemical Products, and Non-Finished Chemical Products, approved by Executive Decree (Decreto Ejecutivo) N° 42061 of November 22, 2019) 7.2.3 Registration Requirements for hazardous chemical products without a CAS Number:
- a)Registration application digitally signed by the responsible professional making the application, with the approval (refrendo) of the respective Professional Association (Colegio).
- b)Safety Data Sheet issued by the manufacturer, company, corporation, owner, producer, holder, distributor, or supplier of the product, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in the Spanish language. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional; following the guidelines of Annex 1 (Anexo 1) of this regulation.
- c)Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
- d)Payment of the fee established by the Ministry of Health, via decree, for registration procedures, registration renewal, and post-registration changes for finished hazardous chemical products, using the means enabled in the "Sistema Regístrelo".
(Paragraph d as amended by article 9 of the Regulation for the Collection of Fees for Notification Procedures for Food Raw Materials, Non-Hazardous Chemical Products, and Non-Finished Chemical Products, approved by Executive Decree (Decreto Ejecutivo) N° 42061 of November 22, 2019) 7.2.4 containing non-pathogenic enzymes and bacteria, and hazardous chemical products for industrial use identified as food grade must also submit, in addition to the requirements established in clauses 7.2.2 and 7.2.3, as applicable, the following additional requirements:
- a)Additional requirements for the registration of explosives and pyrotechnics in all their presentations:
1. Specify in the registration application whether it is for professional use (display and proximity) or consumer fireworks (venta pública).
2. If not indicated in the Safety Data Sheet, a declaration must be submitted by the manufacturer or owner of the product indicating the safety perimeter to be maintained during the detonation of the pyrotechnic explosive, the blast wave, and its pyrotechnic effect.
- b)Additional requirements for the registration of products containing non-pathogenic enzymes and bacteria:
Technical sheet, with information on the enzymes or bacteria used in its preparation, issued by the manufacturer or owner of the product, indicating their scientific name, biological origin, concentration, recommended use(s), application dose, and frequency for the type of use. It must not be more than two years old from the date of issue.
- c)Additional requirements for the registration of hazardous chemical products for industrial use identified as food grade. 2. If not indicated in the Safety Data Sheet, a declaration must be submitted by the manufacturer or owner of the product indicating the safety perimeter to be maintained during the detonation of the pyrotechnic explosive, the blast wave, and its pyrotechnic effect.
Certification from the competent authority of the country of origin, duly legalized or apostilled, or certification from an accredited national laboratory documenting, through physicochemical analysis, compliance with food grade standards; not more than two years old from the date of issue.
7.3 Authorization of distributors or importers to use the registration.
Provided that a third party holds a valid Sanitary Operating Permit (Permiso Sanitario de Funcionamiento) whose activity allows the handling of hazardous chemical substances, the holder of a health registration (registro sanitario) for an imported product may authorize them for purposes of importation or distribution of the product in the national territory. For this purpose, the registration holder shall so indicate in the registration application or through post-registration changes, as applicable.
The registration holder is obliged to provide the Safety Data Sheet and the label project, in Spanish, to the authorized persons or companies.
7.4 Resolution deadlines.
Once the documentation is received, it shall be evaluated. For this purpose, the administration shall have a deadline as established in article 34.3 of Executive Decree (Decreto Ejecutivo) No. 37988-5 of October 3, 2013, "Regulation for the operation and use of the portal "Regístrelo" (Reglamento para el funcionamiento y la utilización del portal "Regístrelo"), published in La Gaceta No. 203 of October 22, 2013. distribution of the product in the national territory. For this purpose, the registration holder shall so indicate in the registration application or through post-registration changes, as applicable.
7.5 Grounds for which health registration (registro sanitario) or its renewal is not applicable.
- a)If any of the requirements demanded by current regulations for registration, updating, or renewal of registration are not met.
- b)If the Safety Data Sheet is incomplete or does not meet the requirements established in this regulation.
- c)When the product has been prohibited by the Ministry or in the country of origin.
- d)If the sanitary operating permit of the registrant company, the manufacturer, or the importer has expired.
- e)If at the time of registration, adulteration or falsehood in the submitted information is proven.
7.6 On validity.
The validity of the health registration (registro sanitario) for hazardous chemical products shall be five years. It may be cancelled when the registration holder or their legal representative so requests, or when the Ministry of Health so orders due to non-compliance with the applicable regulatory provisions.
8. Renewal of the Health Registration (Registro Sanitario).
To process the renewal of the health registration (registro sanitario), the registration holder or their legal representative must submit, before its expiration, the requirements established in numeral 7.2 of this regulation, as applicable. If the renewal is processed after the expiration date, a new registration must be applied for. 7.6 On validity.
If, at the time of renewal, the product does not present changes with respect to its original registration, or if the changes have been approved prior to the renewal, only the following shall be submitted:
- a)Registration application digitally signed by the responsible professional making the application, with the approval (refrendo) of the respective Professional Association (Colegio).
- b)Sworn statement (declaración jurada) digitally signed by the health officer (responsable sanitario) and the responsible professional stating that the Safety Data Sheet and the label have not changed. Additionally, for explosive and pyrotechnic substances in all their presentations, products containing non-pathogenic enzymes and bacteria, and hazardous chemical products for industrial use identified as food grade, they must indicate in the sworn statement that the requirements specifically requested for this type of product have also not been modified.
- c)Payment of the fee established by the Ministry of Health for registration procedures, registration renewal, and post-registration changes for finished hazardous chemical products, according to the regulation for the collection of Fees for Registration and Control Procedures of Hazardous Chemical Products, using the means enabled in the "Regístrelo" system. Hazardous chemical products that, due to their use, do not classify as a finished product, whether for final consumption or use by other companies, shall be exempt from payment of the fees associated with registration.
9. Post-registration modifications.
When changes are made to the conditions that gave rise to the registration of a hazardous chemical product, the registration holder or their legal representative or the responsible professional, as applicable, must notify the Ministry, attaching the corresponding information, according to the following cases, and paying the fee established by the Ministry of Health for registration procedures, registration renewal, and post-registration changes for finished hazardous chemical products, according to the Regulation for the Collection of Fees for Registration and Control Procedures of Hazardous Chemical Products, using the means enabled in the "Sistema Regístrelo". Hazardous chemical products that, due to their use, do not classify as a finished product, whether for final consumption or use by other companies, shall be exempt from payment of the fees associated with registration.
9.1 Change of product name.
Regarding the requirements for a change of product name, provided the composition remains the same, the following must be submitted:
- a)Application for post-registration changes, digitally signed by the responsible professional making the application.
- b)If the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, corporation, owner, producer, holder, distributor, or supplier of the product must be attached, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in the Spanish language. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
9.2. Changes in composition that do not modify the classification.
When there is a variation in the composition of one or more hazardous components, in relation to what was declared in the initial registration, which does not change the hazard classification, the following requirements must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative and the responsible professional making the application, with the approval (refrendo) of the respective Professional Association (Colegio).
- b)If the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, corporation, owner, producer, holder, distributor, or supplier of the product must be attached, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in the Spanish language. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
9.3 Modification of the product's use.
Regarding the requirements for the modification of the product's use, the following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative and the responsible professional making the application.
- b)Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
9.4. Extension of registration. Modifications in color, aroma, or viscosity.
When it is desired to include, within the registration, a new product whose composition is maintained and only presents changes in aroma, color, or viscosity, an extension of registration shall be requested, for which the following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative and the responsible professional making the application, with the approval (refrendo) of the respective Professional Association (Colegio).
- b)If the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, corporation, owner, producer, holder, distributor, or supplier of the product must be attached, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in the Spanish language. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)Label or label project and supplementary label where applicable, in accordance with current regulations. When the only variant among a group of products is the volume or net weight, or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
9.5. Change of Corporate Name of the company holding the registration or of the manufacturer. the concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
When a change of corporate name of the company holding the registration occurs, the following requirements must be met:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
- b)Legal document accrediting the change, issued by a competent entity authorized for this purpose; this document cannot be issued by the registration holder or their legal representative, nor by the manufacturer. It must be submitted duly legalized or apostilled, if applicable.
9.6 Change of Legal Representative of the company holding the registration.
The requirements for the Change of Legal Representative of the company holding the registration shall be the following:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
- b)Power of attorney granted by the holder to the new legal representative, or a registration or notarial certification of legal person status, indicating the change, not more than one month old. If the document is issued abroad, it must be submitted legalized or apostilled, and translated into Spanish, if applicable. 9.6. Change of Legal Representative of the company holding the registration.
9.7. Change of location of the registration holder.
When the registration holder changes their location, they or their legal representative must update the information in the "Regístrelo" system, also indicating the new number of the Sanitary Operating Permit (Permiso Sanitario de Funcionamiento).
9.8. Change of country of origin or inclusion/exclusion of a new manufacturing country.
When the registered product is to be manufactured in a different country or an additional one to that reported in the original registration, the following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative and the responsible professional making the application.
- b)If the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, corporation, owner, producer, holder, distributor, or supplier of the product must be attached, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in the Spanish language. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 (Anexo 1) of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)Label or draft label and supplementary label when applicable, in accordance with current regulations. When the only variant among a group of products is the net volume or weight in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application, digitally signed by the responsible professional.
9.9. Change of manufacturer without change of country of origin.
When the manufacture of the product is carried out by a different company than the one indicated in the original registration but without changing the country of origin. The following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative and the responsible professional making the application.
- b)In the event the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, firm, owner, manufacturer, distributor, or supplier of the product must be attached, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in Spanish. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)Label or draft label and supplementary label when applicable, in accordance with current regulations. When the only variant among a group of products is the net volume or weight or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
9.10. Change of location of the national manufacturer.
When the manufacturer changes its location, it must notify the Ministry of Health; the registration holder or their legal representative must notify the new location, address, and telephone numbers. To do so, the following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
- b)Sanitary Operating Permit number of the establishment for national manufacturers.
9.11 Change of registration holder.
When the holder of a sanitary registration transfers it to another natural or legal person, the following must be submitted:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
- b)Legal document establishing the assignment of the holder, signed with a digital signature by the previous holder and the new holder. 9.11. Change of registration holder.
9.12. Inclusion or exclusion of authorized distributors or importers.
In the event the registration holder decides to include or exclude an authorized importing distributor, they must notify such circumstance by submitting:
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
9.13. Other change in the Safety Data Sheet, not contemplated in the preceding points.
- a)Application for post-registration changes, digitally signed by the registration holder or their Legal Representative.
- b)Safety Data Sheet issued by the manufacturer, company, firm, owner, manufacturer, holder, distributor, or supplier of the product, digitally signed by the responsible professional.
The Safety Data Sheet must contain the information established in the Globally Harmonized System, in its sixth edition, in Spanish. The concepts and definitions established therein shall apply and it must follow the guidelines of Annex 1 of this regulation.
If the Safety Data Sheet is in a language other than Spanish, its exact version in Spanish must be attached, signed by the responsible professional.
- c)When applicable, label or draft label and supplementary label when applicable, in accordance with current regulations. When the only variant among a group of products is the net volume or weight or in the case of product families, a single label may be submitted indicating the different variants or presentations in the registration application.
10. Importation of hazardous chemical products.
10.1 Only registered hazardous chemical products may be imported before the Ministry of Health.
10.2 Any natural or legal person importing samples without commercial value of hazardous chemical products may clear them from customs without requiring prior registration, presenting only the duly completed Customs Clearance Authorization Form (Formulario de Autorización de Desalmacenaje), stating their condition as samples and attaching a copy of the invoice.
The importation of samples without commercial value shall be subject to what is established regarding them in Law No. 7557 of October 20, 1995, "Ley General de Aduanas".
The provision indicated in the second paragraph of this subsection shall not apply in the case of samples without commercial value of products classified as drug and narcotic precursors; chemical weapons or their precursors; explosives and ozone-depleting substances, or others regulated by the State in compliance with any of the Conventions signed by the country, among them the Convention on Psychotropic Substances, the Vienna Convention for the Protection of the Ozone Layer, the Convention on Chemical Weapons, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, or established as such in national legislation, for which prior authorization from the competent authority shall be required.
11. Notification of non-hazardous chemical products.
When the sanitary responsible person considers notifying the Ministry of Health of the importation or commercialization of a product that, due to its classification, is not considered hazardous, they shall submit, on a single occasion, through the "Regístrelo" portal, the following:
- a)Notification application for a non-hazardous product signed by the responsible professional making the application.
- b)If the product does not have a CAS number, the Safety Data Sheet issued by the manufacturer, company, firm, owner, manufacturer, holder, distributor, or supplier of the product must be submitted, digitally signed by the responsible professional.
In this case, sections 1, 3, 4, 5, 9, 11, 12, and 13 must be specified on a mandatory basis, as established by the GHS.
Note: If a product has been notified as non-hazardous, and subsequent studies of the individual components or due to changes in composition demonstrate that it falls under a hazard classification established by the GHS, the respective registration must be carried out and the notification annulled.
12. Issuance of a Certificate of Free Sale for hazardous chemical products.
The Ministry shall issue, at the request of the registration holder or their legal representative, Certificates of Free Sale in the country, to any natural or legal person that manufactures hazardous and non-hazardous chemical products in the national territory, when the product is registered or notified, as appropriate, before the Ministry.
13. Surveillance and control.
The Ministry of Health shall verify compliance with this regulation. It may do so in commerce, distribution companies, customs, bonded warehouses, storage facilities, warehouses, production and industrialization plants, and other establishments or properties where hazardous chemical products are handled, through inspection, sampling, and physical-chemical analysis. Likewise, it may request certifications, invoices, safety data sheets, and any other document that allows it to verify compliance with this regulation, whenever it deems necessary.
14. Special measures.
In the event of demonstrated 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 II on special measures, Article 356 and following, of the Ley General de Salud, without prejudice to the civil or criminal liability incurred by the natural or legal persons responsible for such non-compliance; and without prejudice to any other sanction that may apply in accordance with current legislation.
The Ministry, following the law and the constitutional principles of the fundamental guarantee of due process and the right to a defense, may cancel the registration or the notification of non-hazardous status.
15 Concordance.
15.1 United Nations Globally Harmonized System of Classification and Labelling of Chemicals.
16. Bibliography.
United Nations. Globally Harmonized System of Classification and Labelling of Chemicals. Sixth revised edition in Spanish. Switzerland. United Nations, 2015. 573 pages.
United Nations. Recommendations on the Transport of Dangerous Goods Model Regulations. Nineteenth revised edition in Spanish. Switzerland. United Nations. 2015. 495 pages.
END OF REGULATION