(Sept. 16, 2008) On July 8, 2008, President Alan Garcia Perez of Peru promulgated Law No. 29251, amending Law No. 28303 on the supervision of chemical ingredients and controlled products. The Law specifies those entities that have the authority to control and supervise material that can be used in the production of drugs and creates a special registry to track such material. The Law states that the Ministry of the Interior is the technical operational agency responsible for the control and supervision of chemical ingredients and controlled products and for verification of their illegal use. The Ministry of Production and the regional Directorates of Production are the technical and administrative agencies responsible for: (1) the control and supervision of the administrative documents containing information on the use of chemical ingredients and controlled products; (2) the imposition of sanctions; and (3) provision of consultation on the scope of the Law. The National Superintendent of Tax Administration (SUNAT) will be responsible for the control and supervision of the entry, stay, transfer, and exit of chemical ingredients and controlled products and of persons and means of transportation to and from the customs territory.
The new Law creates the Sole Registry for the Control and Supervision of Chemical Ingredients and Controlled Products, which contains all information on such ingredients and products, the users, and related activities. The Ministry of Production, in coordination with other public entities, is responsible for the implementation, development, and maintenance of the newly created Registry. The Law amends a complementary provision of Law 29037 to state that the Supervisory Agency of Investment in Energy and Mining (OSINERGMIN) will provide the Registry and the Anti-Drug Directorate of the National Police of Peru with relevant information from the System of Control of Order Applications (SCOP) and the System of Processing of Commercial Information (SPIC). (Ley No. 29251, EL PERUANO [Official Gazette] (July 9, 2008), available at http://www.congreso.gob.pe/ntley/Imagenes/Leyes/29251.pdf.)