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Brazil Issues Legislation for Metal Cookware

SafeGuardSFood Contact MaterialJanuary 18, 2022

Brazil has published an ordinance detailing the consolidated technical regulation and conformity assessment requirements for metal cookware. The ordinance will become effective on January 3, 2024.

On December 28, 2021, Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology (Ministério da Economia/Instituto Nacional de Metrologia, Qualidade e Tecnologia, Inmetro) published Ordinance No. 499 of December 20, 2021 (Portaria No. 499, de 20 de Dezembro de 2021) approving the consolidated quality technical regulation and conformity assessment requirements for metal cookware (the Ordinance).

The Ordinance contains, among other things, several important provisions. It:

  • Establishes the consolidated legislation for metal cookware in the form of quality technical regulations (Annex I), conformity assessment requirements (Annex II) and specifications for conformity identification seals, including those for utensils with non-stick coatings (Annex III) – suppliers may choose Certification Model 1b (batch test), 2 or 5 for conformity assessment requirements. The certificate of conformity (CoC) for Model 4 or 5 is valid for four years
  • Clarifies that the scope of metal cookware is only for those intended to be used in ovens and on stoves:
    • ≤ 75 cm base or diagonal diameter for cookware to be used in ovens, including baking pans, trays or other metal cookware with a similar function
    • ≤ 17 L volumetric capacity for cookware to be used on stoves, including water baths, casseroles, steam cookers, kettles, popcorn makers, pots, woks, teapots, coffee pots or other cookware with a similar function
    • ≤ 40 cm base or diagonal diameter for cookware to be used on stoves, including grill pans, barbeque grills, crepe pans, frying pans, sandwich makers or other cookware with a similar function
    • ≤ 30 L volumetric capacity for pressure cookers
  • Exempts cookware with a capacity larger than those listed above and those exclusively for hotels, camping and industry, pans made of silicone, electric pans, rechaud-type pans and those that are disposable
  • Requires cookware exclusively for use in hotels, industry or camping to be properly identified on their labels or packaging
  • Requires certified metal cookware to be registered with Inmetro
  • States that cookware within the scope of the Ordinance are subject to market surveillance activities by Inmetro and other public enforcement agencies
  • Requires suppliers to furnish the required information within 15 days when requested by Inmetro
  • Defines the list of supplementary documents for Conformity Assessment Requirements (Requisitos de Avaliação da Conformidade, RAC, see Table 1 below)

The new law repeals Inmetro Ordinance Nos. 398/2012, 419/2012 and 21/2016.

Highlights of adopted supplementary documents for the conformity assessment requirements of metal cookware are summarized in Table 1.

Ministry of Economy/National Institute of Metrology, Quality and Technology
Ordinance No. 499 of December 20, 2021
Official Journal of the Union, December 28, 2021

EntryCitationTitle
1Anvisa Resolution No. 91 of 2001Technical Regulation – General criteria for packaging and food equipment in contact with food
2Anvisa Resolution No. 105 of 1999Approves the Technical Regulation on the general provisions for packaging and plastic equipment in contact with food
3Anvisa Resolution No. 123 of 2001Approves the Technical Regulation on packaging and elastomeric equipment in contact with food
4Anvisa Resolution No. 20 of 2007Approves the technical Regulation on provisions for packaging, coatings, utensils, lids and metallic equipment in contact with food
5Anvisa Resolution No. 326 of 2010Approves the Technical Regulation on the positive list of additives for plastic materials intended for the preparation of packaging and equipment in contact with food
6Anvisa Ordinance No. 27 of 1996Approves the Technical Regulation on glass and ceramic packaging and equipment in contact with food
7Anvisa Ordinance No. 987 of 1998Approves the Technical Regulation for disposable polyethylene terephthalates – PET – multilayer packaging intended for the packaging of carbonated non-alcoholic beverages, contained in the Annex to this Ordinance
8Inmetro Ordinance No. 200 of 2021Approves the General Requirements for Product Certification – RGCP - Consolidated
9ABNT NBR ISO 209:2007Aluminum and its alloys – Chemical composition
10ABNT NBR ISO 4287:2009Geometric product specifications (GPS) – Roughness: Profile method – Roughness terms, definitions and parameters
11ISO 2747:1998Vitreous and porcelain enamels – Enameled cooking utensils – Determination of resistance to thermal shock
12ISO 4532:1991Vitreous and porcelain enamels – Determination of the resistance of enameled articles to impact – Pistol test
13ISO 6508-1:2016Metallic materials – Rockwell hardness test Part 1: Test method (A, B, C, D, E, F, G, H, K, N, T scales)
14ISO 28706-2:2017Vitreous and porcelain enamels – Determination of resistance to chemical corrosion – Part 2: Determination of resistance to chemical corrosion by boiling acids, boiling neutral liquids and/or their vapors
15ASTM A240M:2020Standard specification for chromium and chromium-nickel stainless steel plate, sheet, and strip for pressure vessels and for general applications
16ABNT NBR 5426:1989Sampling plans and procedures for inspection by attributes
17ABNT NBR 5601:2011Stainless steels – Classification by chemical composition
18ABNT NBR 8094:1983Coated and uncoated metal material – corrosion by exposure to salt spray
19ABNT NBR 11823:2016Metal household items – Pressure cooker
20ABNT NBR 12610:2010Surface treatment of aluminum and its alloys – Determination of the thickness of non-conductive layers by the eddy current method
21ABNT 12611:2006Aluminum and its alloys – Surface treatment – Determination of anodic layer thickness – Optical microscopy method
22ABNT 14155:2010Surface treatment of aluminum and its alloys – Determination of the microhardness of the anodic layer of anodizing for technical purposes (hard)
23ABNT NBR 14630:2018Metal household items for use in ovens and stoves
24ABNT NBR 14622:2006Aluminum and its alloys – Surface treatment – Determination of paint adhesion – X – cut and grid cut method
25ABNT NBR 14876:2016Metallic household appliances – Handles, long handles, knobs and fastening systems
26ABNT NBR 15321:2013Household items made of aluminum and its alloys – Non-stick coating – performance evaluation
27ABNT NBR 15975:2011Primary aluminum and casting – Chemical composition
28ABNT NBR 5906:2008Hot rolled carbon steel coils and sheets for stamping – Specification
29ABNT NBR 5915-1:2013Cold rolled steel sheets and coils – Part 1: Requirements
30ABNT NBR 6589:2015Gray cast iron parts classified according to tensile strength
31ABNT NBR 6651:2013Cold rolled carbon steel sheets and coils for glass enameling – Specification
32DIN EN 1561:2012Founding – Gray cast irons

Table 1

The Ordinance entered into force on January 3, 2022, and the provisions will become effective on January 3, 2024.

SGS technical experts have extensive knowledge and testing experience in materials and articles in contact with food. They work to ensure that your products meet the appropriate regulations for food contact materials, paving the way for compliance. From overall migration tests to expert advice on emerging regulations, compliance issues and documentation review, SGS is the partner to trust. In the end, it’s only trusted because it’s tested. Discover more on our website and read our brochure.

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