Resolution Conama No. 7 of 16 September 1987 regulating products containing asbestos

MINISTRY OF URBAN DEVELOPMENT AND THE ENVIRONMENT NATIONAL ENVIRONMENTAL COUNCIL� RESOLUTION No. 7 OF 16 SEPTEMBER 1987 The National Environmental Council - CONAMA, in exercise of the powers conferred upon it by Article 48 of Decree No. 88.351, of 1 June 1983, for the effective exercise of the responsibilities given it by paragraph 1 of Article 18 of the same decree: In view of the importance of the matter and of the need to initiate the process of regulation of the use of asbestos, resolves: Article 1. The manufacturers of products containing asbestos must print the following warnings on each one of them, in clearly legible letters: "Warning! This Product Contains Asbestos Fibers. Avoid the Creation of Dust. Breathing Asbestos Dust Can Gravely Affect Your Health. The Danger is Greatest for Smokers." Paragraph 1. When because of the small size or other characteristics of the product it is not possible to print the above warning on it, the manufacturer must place this warning on an individual label or print it on the packaging for each item or set of items, informing the competent environmental agency, which shall avail itself of the opportunity to request any change. Paragraph 2. Products for export must carry this warning in the official language of the country, or the wording required by the importing country. Article 2. The manufacturers of products containing asbestos must also inform intermediate and end users of the care to be taken in the safe use of these products, in pamphlets or displays of standardized colors: red, black and white. Article 3. Failure to comply with the provisions of this Resolution shall result in a fine of 10 (ten) to 1,000 (one thousand) OTN [national treasury obligations] for infractors, and double in the case of multiple offenses, in the manner specified in Article 14 and paragraphs of Law No. 6.938 (2), of 31 August 1981, and of Decree No. 88.351/83, Article 37 and paragraphs, supplemented by Decree No. 89.532, of 6 April 1984. Article 4. Manufacturers shall have a 180 (one hundred eighty) day period to implement the provisions of Article 2, effective with the date of publication of this Resolution. Sole paragraph. The manufacturers have a 90 (ninety) day period to print the warnings provided for in Article 1. Article 5. The penalties specified herein shall be imposed by the State, Federal District, and Territorial environmental agencies, and by SEMA and the Municipalities in a supplementary manner. Article 6. SEMA shall submit to the Technical Industrial Pollution Council, within 180 (one hundred eighty) days from the date of publication of this Resolution, studies intended to: a) establish standards and procedures for the mining, transport, processing, marketing and handling of asbestos, with regard to environmental and occupational protection; b) formulate a National Program for the Use of Asbestos and possible substitutes. Article 7. The marketing of asbestos products in violation of the provisions contained in Articles 1 and 2 is prohibited effective one year from the date of publication of this Resolution. Sole paragraph. Failure to comply with the provisions of the above paragraph of this article will result in the penalties provided for in this Resolution for infractors. Article 8. This Resolution shall take effect on the date of its publication, any provisions to the contrary being repealed. - Deni Lineu Schwartz, Minister of Urban Development and the Environment. (Official Journal of 22 October 1987, pages 17,500 and 17,501). EFFECTIVE-DATE: 09/16/1987