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Brazil: Use of Dental Alloys Containing Mercury Prohibited in Brazil

(Sept. 27, 2017)  

On September 15, 2017, the Brazilian Agency of Sanitary Surveillance (Agência Nacional de Vigilância Sanitária, ANVISA) issued Resolution RDC No. 173, which prohibits the manufacture, import, and commercialization in the national territory, as well as the use in health services, of mercury and mercury powder for amalgam alloy in a non-encapsulated form indicated for use in dentistry.  (Resolução RDC No. 173, de 15 de Setembro de 2017, art. 1, ANVISA website.)  Manufacturers have until January 1, 2019, to remove these products from the market.  (Id. art. 5).  Those who violate Resolution No. 173 are subject to the punishments established in Law No. 6,437 of August 20, 1977, without prejudice to the applicable civil, administrative, and criminal penalties.  (Id. art. 4; Lei No. 6.437, de 20 de Agosto de 1977, PLANALTO.)  Law No. 6,437 establishes the penalties for violations of federal sanitary laws, which include but are not limited to warnings, fines, seizures of products, and suspensions of sales.  (Lei No. 6.437, art. 2.)