Brazil REACH Will Charge Fees — Unlike Colombia, Chile, and Peru
Companies tracking chemical registration requirements across Latin America will notice something distinct about Brazil’s framework: it includes a fee structure.
Unlike Colombia’s INSQUI registration, Chile’s REACH-inspired notification system, and Peru’s recently published framework — none of which currently impose fees on registrants — Brazil’s Law 15.022/2024 explicitly establishes a registration fee as part of the framework from the outset.
What the law establishes
Article 37 of the law creates the Taxa de Cadastro, Avaliação e Fiscalização de Substâncias Químicas — the Fee for Registration, Evaluation and Inspection of Chemical Substances.
The fee is described as compensation for the regular exercise of regulatory oversight by the competent authorities in relation to specific triggering events.
The fee triggering events under the law
The law identifies four distinct events that trigger fee obligations:
— Registration of chemical substances in the National Inventory
— Registration of new chemical substances
— Risk assessment of chemical substances
— Analysis of requests for protection of substance identity and CAS number from public disclosure
Who pays
The law is clear on who bears the fee obligation: manufacturers of chemical substances and importers of chemical substances — whether as substances as such or when used as ingredients in mixtures.
When fees become due
Importantly, the law ties fee applicability to the availability of the National Register system. Fees apply to triggering events that occur from the date the National Register of Chemical Substances becomes available. Since the government has until November 2027 to implement the registration system, fees will not apply until that system is operational.
What the law does not yet define
The specific amounts are deliberately left to the implementing regulation. The law states that fee values and deadlines will be established in accordance with the relevant triggering event and the size of the company — suggesting a tiered structure based on company size. Such a tiered structure here larger companies pay more than smaller companies is endemic to Brazilian regulatory fees and already familiar to companies who have gone through sanitary registration for products from pharmaceuticals to cosmetics.
A draft implementing regulation published for a cancelled public consultation went further than the law itself, introducing fees tied to annual registration maintenance — meaning companies could face not just a one-time registration fee but recurring annual obligations as well. The final fee structure will be confirmed once the implementing regulation is formally published, and we will provide a full breakdown at that time.
Why this matters
The introduction of fees adds a dimension to Brazil REACH compliance planning that is absent from the other Latin American frameworks currently in force. Companies will need to factor registration fees into their compliance budgets — both for initial registration and for ongoing obligations such as risk assessment fees if their substances are prioritized.
The fee structure also reinforces that Brazil REACH is designed as a permanent, funded regulatory system — not a one-time notification exercise.
This content is based on Law No. 15.022/2024. Fee amounts and specific procedures will be defined in implementing regulations. This is not legal advice.