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Q: Regulation of the chemical industry in Mexico ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: Regulation of the chemical industry in Mexico
Category: Science
Asked by: wallisindc-ga
List Price: $100.00
Posted: 02 Sep 2004 14:08 PDT
Expires: 02 Oct 2004 14:08 PDT
Question ID: 396163
What laws apply to the regulation of chemical manufacturing in Mexico
-- specifically, what Mexican law or laws correspond to the U.S. Toxic
Substances Control Act and Federal Insecticide, Fungicide, and
Rodenticide Act?

Request for Question Clarification by pafalafa-ga on 02 Sep 2004 15:38 PDT
Hello wallisindc-ga

How much information are you looking for?  I can readily names the
laws in Mexico that cover new chemicals, chemicals in commerce,
pesticide registration, and so on -- in other words, the same areas
covered by TSCA and FIFRA in the US.

However, I suspect that (especially at the price offered) you are
looking for information beyond just the names of the laws.

Can you let me know what sort of additional information would be most
useful to you.  Would links to detailed descriptions of Mexican
environmental law be useful, or are your more in the market for a few
sentences of summary information?

Let me know how I can best help you here.

pafalafa-also-in-dc-ga

Clarification of Question by wallisindc-ga on 02 Sep 2004 18:41 PDT
I'd like the names of the laws and a one or two sentence description
and, if possible, any normas mexicanas (NOMs) associated with the
laws. What agency administers them?

Clarification of Question by wallisindc-ga on 02 Sep 2004 18:42 PDT
Or are the laws you are refering to Normas?
Answer  
Subject: Re: Regulation of the chemical industry in Mexico
Answered By: pafalafa-ga on 02 Sep 2004 19:33 PDT
Rated:5 out of 5 stars
 
wallisindc-ga,

Thanks for your clarification...and for getting back to me so quickly.  

Mexico has a long-standing history of laws aimed at environmental
protection, and created it's first national environmental agency in
the 1970's, at roughly the same time that the United States created
its own Environmental Protection Agency.

Although Mexico has key legal documents aimed at protecting the air,
water and land resources of the country, there is not a one to one
correspondence between environmental law in Mexico and that in the US.
 This is particularly true in the case of chemicals and pesticide
registration and management.

The North American Commission on Environmental Cooperation (commonly
known as the CEC) was created under NAFTA to help coordinate
environmental policies among the three NAFTA countries -- Mexico, the
US, and Canada.  The CEC is an excellent source of information on the
environmental policies, laws and regulations of these three countries.

The CEC discussion of chemical/pesticides law in Mexico can be found here:


http://www.cec.org/pubs_info_resources/law_treat_agree/summary_enviro_law/publication/mxdoc.cfm?varlan=english&topic=11


I've included some excerpts that describe the main laws regarding TSCA
and FIFRA type of authorities:


==========

--Chemical substances and products are governed by a number of
overlapping laws and regulations and fall under the jurisdiction of
six different regulatory agencies...As a consequence, the legal regime
governing chemical substances remains one of the most complicated and
often confusing subject matters of Mexican environmental law.

--The two most important pieces of legislation governing chemical
substances and products are the General Health Law (Ley General de
Salud) and the Regulation under the General Health Law Regarding the
Sanitary Control of Activities, Facilities, Products and Services
(Reglamento de la Ley General de Salud en Materia de Control Sanitario
de Actividades, Establecimientos, Productos y Servicios) (hereinafter
Health Control Regulation). Together, the General Health Law and the
Health Control Regulation spell out the definition of pesticides,
fertilizers and toxic substances; establish a registration, licensing
and permitting regime for pesticides, fertilizers and toxic
substances; and provide for chemical substances labeling standards...

==========

So, the major pieces of law and regulation for chemicals and
pesticides are the broadly-written General Health Law, and the
specific Health Control Regulations for chemical substances (including
agricultural chemicals).

The CEC link that I gave you above goes into considerable detail as to
how new chemicals are brought onto market, pesticides are registered,
information is collected on toxic chemicals  in commerce, and so on. 
If you would like me to further summarize any of this information,
just let me know, and I'll be more than happy to do so.

The site also describes the responsibilities of multiple agencies in
Mexico for the creation of Normas Oficiales Mexicanas (NOMs), which
are essentially the regulations/standards that are derived from the
laws themselves.  The Secretaria de Salud, known as SSA, has the lead
authority for creating NOMs for chemicals and pesticides.  The SSA
website is at:

http://www.salud.gob.mx/

The Health Control Regulation already mentioned appears to be the key
NOM in the chemical safety area.  Provisions of some of the key
features of the NOM's are described on the above-linked CEC page, and
include (a) New Substances: Pre-manufacture Stage, (b) Manufacture,
Import and Distribution, (c) Storage, Transport and Use, and (d)
Liability and Enforcement.


Again, let me know if you need additional information on this topic.  




I've tried to keep this answer short and sweet, as you seemed to be
asking for.  But before rating this answer, please let me know if you
need additional information on anything I've mentioned here.  Just
post a Request for Clarification and let me know how I can assist you
further.  I will be happy to do so.

All the best...


pafalafa-ga



search strategy:  Used my own familiarity with the CEC and with US
environmental law to find descriptions of laws in Mexico on the CEC
website.
wallisindc-ga rated this answer:5 out of 5 stars and gave an additional tip of: $25.00
pafalaga-ga was terrific! Great turn-around. The answer met my needs
perfectly and gave me resources for further research. (I actually feel
a little stupid that I didn't think of the CEC site!)

Comments  
Subject: Re: Regulation of the chemical industry in Mexico
From: pafalafa-ga on 03 Sep 2004 17:00 PDT
 
Thanks so much, for the kind words, and your very generous rating and
tip.  Hope we'll have a chance to work together again some day.

pafalafa-ga
Subject: Re: Regulation of the chemical industry in Mexico
From: wallisindc-ga on 03 Sep 2004 19:43 PDT
 
You deserve it. I do this for a living, and you were supreme!

What do you know about Russian environmental law?
Subject: Re: Regulation of the chemical industry in Mexico
From: pafalafa-ga on 03 Sep 2004 20:01 PDT
 
Russian law?  Nothing, I'm afraid.  

But that wouldn't stop me from finding out what's out there.  I'd
guess that UNEP or similar organizations have done a respectable job
of summarizing environmental law in most major countries.



paf

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