Required Report - public distribution

**Date:** 6/24/2008

**GAIN Report Number:** MO8011

MO8011

**Morocco**

**FAIRS Country Report**

**Annual**

**2008**

**Approved by:**

![](media/image1.wmf)Mike J. Fay

U.S. Embassy, Rabat

**Prepared by:**

Aziz Abdelali

**Report Highlights:**

A new regulation that requires importers name to be in Arabic on
imported products has been published. Stick-on labels are accepted by
the Ministry of Agriculture to comply with the Arabic labeling and
printing importer's name requirements. The regulations regarding spirits
and minimum requirement for performance of imported cattle have been
revised.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Rabat \[MO1\]

\[MO\]

Table of Contents

[**DISCLAIMER 3**](#disclaimer)

[FOOD LAWS 4](#food-laws)

[LABELING REQUIREMENTS 4](#labeling-requirements)

[Arabic Labeling Requirement 5](#arabic-labeling-requirement)

[Production and Expiration date 7](#production-and-expiration-date)

[PACKAGING AND CONTAINER REGULATIONS
8](#packaging-and-container-regulations)

[Butter 8](#butter)

[Vegetable oil 8](#vegetable-oil)

[Olive Oil 8](#olive-oil)

[Wine and Alcoholic Beverages 8](#wine-and-alcoholic-beverages)

[FOOD ADDITIVE REGULATIONS 9](#food-additive-regulations)

[Current Positive List of Additives
9](#current-positive-list-of-additives)

[Approval of New Additives 9](#approval-of-new-additives)

[PESTICIDE AND OTHER CONTAMINANTS 11](#pesticide-and-other-contaminants)

[Pesticide Control on Food Products
11](#pesticide-control-on-food-products)

[OTHER REGULATIONS AND REQUIREMENTS
11](#other-regulations-and-requirements)

[Biotechnology Products - GMO's 11](#biotechnology-products---gmos)

[Alcoholic Beverages 11](#alcoholic-beverages)

[Wine 12](#wine)

[Other Alcoholic Beverages 13](#other-alcoholic-beverages)

[Dairy Products 13](#dairy-products)

[Dietetic or Special Use Food 14](#dietetic-or-special-use-food)

[Honey 15](#honey)

[Marmalade, Jelly, Jams 15](#marmalade-jelly-jams)

[Milk Replacement for calves 16](#milk-replacement-for-calves)

[Mixed Feeds 17](#mixed-feeds)

[Mineral and Nitrogen Supplement for feed
17](#mineral-and-nitrogen-supplement-for-feed)

[Use of estrogen, arsenical, antimonial substances, meat meal and animal
fats
18](#use-of-estrogen-arsenical-antimonial-substances-meat-meal-and-animal-fats)

[Beef and Poultry Meat 18](#beef-and-poultry-meat)

[Cattle Semen 18](#cattle-semen)

[Fruit and Vegetable Juices 18](#fruit-and-vegetable-juices)

[Salt 18](#salt)

[Product Samples and Mail Order Shipments
19](#product-samples-and-mail-order-shipments)

[OTHER SPECIFIC STANDARDS 19](#other-specific-standards)

[Butter 19](#butter-1)

[Chocolate 20](#chocolate)

[Day Old Chicks 20](#day-old-chicks)

[Live Animal 20](#live-animal)

[COPYRIGHT AND/OR TRADEMARK LAWS 21](#copyright-andor-trademark-laws)

[IPR- Plants and Plant Products 21](#ipr--plants-and-plant-products)

[IMPORT PROCEDURES 22](#import-procedures)

[General 22](#general)

[Certification for Animal, and Animal Origin Products
23](#certification-for-animal-and-animal-origin-products)

[Live Animals 23](#live-animals)

[Animal Products and food containing Animal origin ingredients
24](#animal-products-and-food-containing-animal-origin-ingredients)

[Other animal products 24](#other-animal-products)

[Seafood products 24](#seafood-products)

[Point of Entry to Morocco for Animals and Animal Products
25](#point-of-entry-to-morocco-for-animals-and-animal-products)

[Government Approved Laboratories 25](#government-approved-laboratories)

[Appeals System 25](#appeals-system)

[APPENDIX I -- GOVERNMENT REGULATORY AGENCY CONTACTS
26](#appendix-i-government-regulatory-agency-contacts)

[APPENDIX II -- OTHER IMPORT SPECIALIST CONTACTS
26](#appendix-ii-other-import-specialist-contacts)

#   {#section .unnumbered}

# DISCLAIMER

#  

# FOOD LAWS

Control of food safety and conformity with the local regulation is
covered by several ministries in Morocco. The Ministry of Agriculture,
however, is the major authority for inspection and control for imported
products. All imported agricultural and food products must go through
Ministry of Agriculture inspectors before they can clear Customs. Within
the country, inspection is also carried out by inspectors from the
Ministry of Health and by other local authorities (Ministry of
Interior).

The Ministry of Agriculture's major arms for food safety issues are the
Division of Livestock and the Division of Plant Protection, Technical
Control and Fraud Repression (DPVCTRF). The Fraud Repression Office
within the DPVCTRF Division is in charge of regulating, implementing,
and controlling conformity of the products with the local regulations
including, standards, labeling, and packaging.

The primary law currently in effect for food quality control and fraud
repression is the 13/83 Law issued on October 5, 1984. This law defines
the procedure that inspectors should follow to investigate fraudulent
products. In particular, it describes food sampling procedures, appeals
system, and procedures to seize and prevent sales of unsafe products.

This 13/83 Law supersedes the 1914 Food Law but stipulates that some of
the 1914 Law articles are still in effect, especially articles 4 to 7
that specifies types of metal to use in food packaging as well as
products used to varnish and seal food cans. Also, Articles 20-30 of the
1914 Law are still in effect and set the terminology of various food
categories and set some basic requirements for each category.

# LABELING REQUIREMENTS

The basic law for labeling in Morocco was published on June 6, 2002.
This regulation includes several new requirements including Arabic
language and printing importers names on labels.

Generally speaking, the law requires that the imported food, whether
sold or distributed freely, be labeled in such a way that it is not
confusing to the consumer, especially regarding the nature, identity,
species, quality, quantity, composition, useful products contents,
durability, conservation, origin, and processing methods.

In particular, the label should not claim that the product has special
characteristics if these are common to all similar products. Except as
specified by the prevailing regulations for mineral water and foods for
special use, the labeling of food products must not state any property
of prevention, treatment, or cure of human diseases. Also, the
presentation of food products including their shape, aspect, packaging
material and its disposition, as well as to the environment in which
they are being exhibited should not suggest any preventive, treating or
curing properties.

Items on the label should be easily understood, in Arabic, and, if
necessary, in any other language and with no abbreviations except those
provided by the current regulation or international conventions. Items
have to be printed in readily seen places and be visible, clearly
readable, and indelible. In no case can the labels be dissimulated,
hidden or separated by any other indications or images.

## Arabic Labeling Requirement

The implementation of the Arabic requirement has been facing some
difficulties, which forced the government to be more flexible during the
first few years of the entry into force of the regulation. However, it
is obvious that the Arabic labeling has become more common and exporters
should strive to meet this requirement.

**Stick on Labels**

For most products, stick-on labels are accepted to comply with the
Arabic label requirement. Stick-on labels must be approved by the
Ministry of Agriculture Fraud Repression Division and are to be put on
products upon their arrival to Morocco in the importer's facility. Their
use is subject to the following conditions:

-   The importer must provide evidence that his supplier cannot print
    Arabic labeling on the imported goods.

-   The importer presents a sample of the stick-on label to the Ministry
    of Agriculture for approval.

-   The importer has adequate facilities and technical and human
    capabilities to put the complementary stick on labels.

-   The importer must provide evidence that the complementary labeling
    inviolable, non detachable and indelible.

-   The importer must provide a written commitment that the product will
    be marketed only after having complied with the prevailing labeling
    requirement.

The authorization to use sticker are typically delivered annually, and
the importer has to file a request before the DCQ (*Quality Control
Directorate*) at the port of Entry and the Ministry of Agriculture
headquarter in Rabat. The Ministry of Agriculture will supervise the
re-labeling operation. Importers who fail to meet these requirements
will be deprived from future possibilities of using stickers.

To our knowledge, no US product has been refused entry because of the
Arabic labeling, and many importers of US products are regularly using
the stickers. For new products, the exporter and the importer could,
beforehand, contact the DCQ at the port of entree and to the Ministry of
Agriculture's Fraud Repression Division to discuss the possibilities of
resorting to the Arabic Stickers.

**Exceptions for Arabic Labeling**

The regulation that exempts some products from the Arabic labeling
requirement has not been published yet but the list of the list of
products has already been circulating. Thus Arabic labeling will likely
not be required for the following:

-   Alcoholic Beverages

-   Ethnic and Religious Foods

-   Products imported as Raw material to be processed or packed locally

-   Products for personal use and not to be sold on the market:

    -   Goods for the diplomatic Community and foreign communities
        resident in Morocco for a limited period

    -   Donation Goods

    -   Products for sport, cultural, commercial events during the
        period of the event

    -   Products for hotels and restaurants and food service

-   Local and imported products that are distributed or exhibited as
    samples and are not for sale and for which the professional must
    provide evidence.

-   Food and beverages for special uses for which a pre-registration by
    the Consultative Technical Committee is required.

-   Products imported under special customs regimes.

**List of Food Label Requirements**

> On July 12, 2007, the government published a new amendment to the
> existing labeling regulation (*Decree 2-06-226 of June 28, 2007
> modifying the Decree 2-01-1016 of June 4, 2002*). The three main
> additional requirements are:

a.  **The lot number:** A lot is defined as a set of food products
    exhibited for sale that were produced, processed, or packaged under
    similar conditions.

b.  Depending on whether the product is imported, locally packaged, or
    locally manufactured; the label should include the **name and
    address of the importer**, local packager, or the local
    manufacturer.

c.  The **type and the name or code of the additives used** (Colorant,
    emulsifier, antioxidant, preservative, etc.)

> Although this amendment was supposed to take place 6 months after its
> publication on the Official Bulletin (July 12, 2007), the Ministry of
> Agriculture has not yet fully implemented it but is recommending to
> importers to take the necessary steps to comply with the new
> regulation.
>
> Explicitly, the food labeling regulation in Morocco requires the
> following:

1)  **Denomination of the product:** as set by the prevailing
    legislation, by Codex Alimentarus, or by prevailing trade practices.
    If there are no regulation regarding the denomination, it must
    describe the food, and if necessary, its use and be as accurate as
    possible to allow the final buyer to recognize the nature of the
    food and distinguish it from other products with which it might be
    confused. The denomination should also include the physical state of
    the products or the process it went through if omitting it might
    potentially be confusing to the buyer.

2)  **List of all ingredients sorted by decreasing weight at the time of
    packing.** If the label claims an unusually low/high amount of one
    or several ingredients the minimal/maximal quantity of the
    ingredient (s) must be indicated unless the ingredient is used
    exclusively in low amounts (as a flavoring).

> The list of ingredients is not required for a) Fresh fruits and
> vegetables, b) Sparkling water if denominated explicitly c) Vinegar
> derived from one product, d) Cheese, butter, milk and cream when only
> dairy products, enzymes, and micro-organism culture have been added e)
> Products made of a single ingredient, and f) Flavoring agents of which
> additives and supports have to be indicated.

3)  **Net quantity**: The Net Weight or Net volume must be indicated. It
    is not necessary for food products when the quantity is less than 5
    grams or 5 milliliters except for spices and aromatic plants. When a
    food product is presented in cover liquid the net drained weight
    must be mentioned.

4)  **Production and expiry date** (see section below).

5)  **Indication of any special storage conditions**.

6)  **Name and address** of the manufacturer, the packager, or the
    importer depending whether the product is imported, locally
    manufactured, or locally packaged.

    a.  Name of the importer for imported products

    b.  Name of the manufacturer for locally made products

    c.  Name of the packager for the locally packaged products.

7)  **Place of origin**, if omitting it would generate confusion for the
    buyer as to the origin.

8)  **Notice of use and special conditions of use**, including
    precaution of use if omitting it would not allow appropriate use).

9)  **Additional labeling requirements for specific products** as
    stipulated in other prevailing regulations.

10) **Alcohol volume title** for drinks that are over 1.2 % of alcohol
    in volume.

In addition to the general Decree above that sets the basic rules for
labeling, there are rules that are specific to some products.

Metric measurements are mandatory (*Law August 29, 1923*). Moroccans are
not familiar with U.S. measurement standards such as ounces, lbs., cups,
servings, etc. However, unlike in Egypt and other Middle East countries,
Moroccans tend to use western style numbers.

Morocco has no mandatory nutritional labeling requirements. U.S.
nutritional labels are accepted but not mandatory.

## Production and Expiration date

Production and expiration dates are mandatory on pre-packed food and
feed products, including canned products and beverages (*Decree 17-88,
Law 88-179, of Sept. 10, 1993*). U.S. exporters should be aware that,
unlike in the U.S., when using dates in the format (xx/xx/xx), the date
format should be (dd/mm/yy).

The printing of the dates varies according to the shelf life:

-   For products with a shelf life of less than 3 months, the day and
    the month must be indicated.

-   If shelf life is between 3-18 months, the month and the year should
    be given.

-   For products with more than 18 months' shelf life the full date
    should be given.

The implementing decree for production and expiration date (*Decree
2-95-908 May 5, 1999 published in Official Bulletin \# 4692*) defined
two lists of products:

> **List I:** Products for which the shelf life and the maximum
> temperature of storage are set by the government. This list includes
> refrigerated/ frozen/ processed meat and poultry,
> refrigerated/frozen/smoked/dried fish, milk, processed milk,
> ice-cream, cheese, cream, prepared meals, egg products and egg-made
> pasta, pasta stewed with meat, mineral water, fruit juice, drinks, and
> lemonades.
>
> The expiration date for products in List I must be printed in the form
> of *"To be consumed by:"* or *"To be consumed by the date shown
> on\..."* followed by the date and the maximum storage temperature. On
> April 2001, the government published a table with a list of products,
> their maximum shelf life and the maximum temperature for their storage
> (*Joint Ministry of Agriculture - Ministry of Health decision 440-01
> of February 26, 2001 published in the Official Bulletin 4888 of April
> 5, 2001*).
>
> **List II:** Non-perishable products for which the expiration date is
> not mandatory. This list includes fresh fruits and vegetables, wine,
> sparkling wine, wine obtained from fruit other than grapes, beverages
> of more than 10 percent alcohol, vinegar, salt, solid sugar,
> confectionary products made almost only from colored or aromatized
> sugar, chewing gums, and individual servings of ice cream.
>
> Products that are NOT on the List I, must have their expiration date
> printed in the format: *"To be consumed preferably by..." or "To be
> consumed preferably by the date shown on...".* The production and
> expiration date should be printed in apparent, perfectly legible, and
> indelible manner.

For pre-packed food products that are not on Lists I and II, the
packager is responsible for indicating the date by which the products
keep their specific properties and the conditions under which they
should be stored. The printing of the expiration date for these products
is not mandatory.

# PACKAGING AND CONTAINER REGULATIONS

For some commodities, Morocco required that the product be sold in
pre-set package sizes. The package size requirement is generally
included in the regulations that are specific to the product.

### Butter

Butter can be sold in portions of 5 grams to 25 Kilograms with the
weight indicated in grams or Kilograms.

### Vegetable oil

Vegetable oil can be sold only under the following sizes and the volume
must be indicated in liters, centiliters, or milliliters: 0.05, 0.10,
0.25, 0.50, 0.75, 1.0, 1.5, 2.0, 2.5, 3.0, 3.5, 4.0, 4.5, 5.0, 5.5, 6.0,
7.0, 8.0, 9.0, and 10.0 liters. (Decree 2-05-776, October 19, 2006
amending the November 22, 1921 Ministerial Decision)

### Olive Oil

Olive oil and pomace oil can be offered to the retail buyers only under
the following sizes: 0.5, 1, 2, 3, and 5 liters (Decree 2-93-179, Dec 12
1995, Article 6) .

### Wine and Alcoholic Beverages

Bottling of wine is subject to strict requirements. Ordinary wines and
common wine can be sold in 1 liter glass bottle or 1.5 liters PVC
bottle. Guaranteed vintage wines, old wine, origin labeled wines can be
marketed only in glass bottles of specific sizes (75 cc, 37.5 cc, 72 cc
and 18 cc) (*Article 19 of the 275-321 law on wine marketing*).
Sparkling wine bottles must have a capacity of 80 cc or 40 cc.

The Ministry of Agriculture revised the regulation regarding the
marketing of spirits and similar products *(Minister of Agriculture
Decision 1628-07 dated August 22, 2007) modifying the May 16, 1916
decision, Official Bulletin 558 of September 6, 2007, Page 1028).*
Spirits drinks can be sold only in glass and polyethylene bottles of the
following sizes (centiliters): 5, 20, 25, 35, 37.5, 50, 70, 75, 100,
150, and 200 or any bigger size provided that the size increases by
tranches of 50 centiliters.

# FOOD ADDITIVE REGULATIONS

The basic law that authorizes use of antiseptics, colorants, artificial
essence, and other additives is the Minister's decision of February 6,
1916, as modified by the decrees of December 8, 1959 and 2-88-103 of
August 28, 1989. The 1959 Decree specifies what types of colorants can
be used for each type of food category including dairy products, sugar,
salt, wine, beer, cedar, vermouth, syrups, vinegar, and many other
products.

The most recent government decision regarding the use of additives is
the Circular 001/97, issued jointly by the Ministry of Agriculture and
Ministry of Public Health on September 6, 1996. It sets the rules for
additives used in food products marketed in Morocco.

Importers need to be aware of four major points when considering use of
additives:

-   There is a list of approved additives that can be used in food
    products in Morocco (Paragraph IV of the above-mentioned circular).

-   Additives can be used only in a predetermined list of foods under
    specific conditions mentioned in paragraph V of the circular,
    especially the maximum amount of residues and the maximum admissible
    doses.

-   Additives must be identified and fulfill the purity criteria
    mentioned in Para. VI.

-   Additives are accepted in compound and prepared food when they are
    authorized to be used in an ingredient of this food. Additives can
    be used up to the maximum accepted for each compound food.

## Current Positive List of Additives

The most current list of additives on the positive list can be obtained
from the Agricultural Affairs Office in Rabat or directly from the
Ministry of Agriculture's Quality Control and Fraud Repression Office:

Ministère de l'Agriculture et du Développement Rural-DPVCTRF

Direction de la Protection des Végétaux,

Contrôle Technique et Répression des Fraudes

> Station Dbagh, Avenue Hassan II, B.P. 1308, Rabat, Morocco
>
> Phone: (212‑3) 729‑7543/729‑7545 Fax: (212‑3) 729‑7544

## Approval of New Additives

Pre-market approval is required for food additives. Before marketing an
additive in Morocco, a petition must be submitted to the Ministry of
Agriculture's Quality Control and Fraud Repression Service:

Ministère de l'Agriculture et du Développement Rural - DPVCTRF

Direction de la Protection des Végétaux,

Contrôle Technique et Répression des Fraudes

Secrétariat de la Commission Interministérielle Permanente

pour le Contrôle Alimentaire et la Répression des Fraudes.

> Station Dbagh, Avenue Hassan II, B.P. 1308, Rabat, Morocco
>
> Phone: (212‑3) 729‑7543/729‑7545 Fax: (212‑3) 729‑7544

In addition to the explicit request, enclose the following information:

1)  Name, Address, phone, and contact of the organization making the
    request.

2)  Designation of the substance to be approved:

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a)  Nature of the substance (chemical name, usual name, chemical formula
    expressed in international standards).

b)  Commercial name of the substance, name of the producer

c)  Identity and purity criteria of the substance. Indicate also the
    percentage of impurities.

d)  Daily Admissible Dose (indicate name of the organization that issued
    it).

e)  Any other physical or chemical information deemed useful.

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3)  Information on the food to which the additive is going to be added:

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a)  Definition of the food(s) for which the approval is requested

b)  Procedure and dose to use the substance

    a.  Description of the fabrication procedure with all necessary
        details on the mode of incorporation of the additive.

    b.  Justification of the use of the additive: purpose, expected
        effect, advantage of its use for the manufacturer, user, and
        consumer. Report on variable dose trials. Determination of the
        necessary dose to obtain the expected effect. Proofs of the
        effectiveness of the suggested doses. Criteria used to determine
        the effectiveness of the substance and conditions under which
        the effectiveness trial was conducted (temperature, pH,
        duration, etc..). Mention also any other procedures used to
        obtain similar results. Results of comparative trials where
        already one or more approved additive(s) play the same role.

c)  If the substance is capable of affecting the hygienic
    characteristics of the food, provide results of the microbiological
    analysis showing that the hygienic quality of the final product has
    been preserved.

d)  Method of analysis to control the additive doses in the product.

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4)  Data on approval by other countries indicating the authorized doses,
    conditions under which the substance is to be used, and the food
    product(s) for which the authorization has been granted. (If
    possible attach copies of the official authorizations).

5)  Provide if possible:

-   Evaluation of the quantities of the substance absorbed by the
    consumer as a function of the doses included in the food products
    and the estimated quantity of consumed food.

-   Statistical information on the consumption of the food product.
    Evaluation of excessive use by particular groups of consumers.

6)  Provide list of joint documents.

7)  Any physiological, toxicological, nutritional information on animal
    or human that may support the request.

8)  Toxicological & Physiological information:

a\) Information on methods used to determine experimentally:

-   Toxicity

-   Effect on reproductive functions

-   Carcinogenic/mutagenic effects

-   Allergenic properties and effect on immune functions.

-   Nutritional effect, whether favorable or not.

Provide results of the methods used.

b\) Any physiological or toxicological information on use on humans.

c\) Any other relevant information that is deemed to be useful.

# PESTICIDE AND OTHER CONTAMINANTS

Pesticide imports, manufacturing, storage, and marketing are subject to
strict government control (*law 42-95, of January 21, 1997, Official
Bulletin 448)*. Importers, producers, and distributors of pesticides
need to be licensed by the government (*Decree 2-99-106 of May 5, 99*)
and each pesticide marketed has to be approved by the Ministry of
Agriculture's Plant Protection Division:

Ministère de l'Agriculture et du Développement Rural

Direction de la Protection des Végétaux

Service d'Homologation des Pesticides

> Station Dbagh, Avenue Hassan II, B.P. 1308, Rabat, Morocco

The request for pesticide approval has to be made by the importer or the
local producer according to the procedure described by the Ministerial
Decree (*Decree 2-99-105 published on May 5 in the Official Bulletin#
4692*).

## Pesticide Control on Food Products

Imported food products are not systematically controlled for pesticide
residues but Ministry of Agriculture agents (Plant Protection Inspector
or Fraud Repression Controller) are authorized by law to request, if
deemed necessary, that laboratory analysis be made for certain products
or for products originating in some countries.

The Ministry of Agriculture refers to CODEX standards for tolerance
levels.

# OTHER REGULATIONS AND REQUIREMENTS

## Biotechnology Products - GMO's

Currently, although there is no detailed regulation per se regarding
biotechnology products, the Moroccan government is tolerating feed corn
and soybean shipments but is not allowing in food items and planting
seeds that are known to be genetically modified. A certificate of
non-GMO might be required for some food products if the government has
evidence that the imported product contains products of biotechnology.
However, we have no reports of products not accepted.

Importers who have doubts about the acceptance of their products into
Morocco should contact:

Ministère de l'Agriculture et du Développement Rural- DPVCTRF

> Station Dbagh, Avenue Hassan II, B.P. 1308, Rabat, Morocco

Secrétariat de la Commission Interministérielle Permanente

pour le Contrôle Alimentaire et la Répression des Fraudes.

> Phone: (212‑3)729‑7543/729‑7545 Fax: (212‑3)729‑7544

## Alcoholic Beverages

Although imports of alcoholic beverages can be done theoretically by any
importer, their marketing, sale, storage, and handling are subject to
strict government control. Marketing of wines at the wholesale and
retail levels is subject to a special license from the Ministry of
Agriculture Fraud Repression Office andto the local authorities
(Ministry of Interior). Alcoholic beverages can be sold only at licensed
retail and wholesale points.

Alcoholic beverage bottles of more than 25 cc, except wines, whisky, and
beers, whether produced locally or imported cannot be distributed to
retailers or end-users unless a "Control Stamp" is stuck on the cap of
each bottle. The stamp should be long enough to cover part of the
bottleneck and should be stuck so that the stamp number remains readable
(*Ministry of Finance Decision, 723-96, April 12, 1996, Official
Bulletin 4383*).

###  Wine

Morocco's regulations recognize four categories of wine (*Decree 275-321
of 8/12/77*):

-   "*Old Wine*" that is over 25 months old and "*Selected Wine*" that
    is over 13 months old.

-   "*Vintage Wine*": includes the "*Guaranteed Vintage Wine*", the
    "Controlled *Vintage Wine*" and the "*Local Wine*" which are
    produced under conditions and areas determined by the Ministry of
    Agriculture.

-   "*Sparkling Wines*"

-   "*Ordinary wines*": Alcoholic content must be at least 12 percent in
    order to be imported and marketed in Morocco. The law also
    explicitly prohibits the sale of wines that have alcohol content of
    less than 12 percent (of volume) and prohibits the use of right
    protected words or expressions. The characters specifying the type
    of wine must be at least 5 millimeters high. The labels "*Red
    Wine*", "*White Wine*", "*Rosé*", "*Table Wine*", and "*Mixed Wine*"
    can be used.

-   The origin labeled wines can be imported into Morocco if they comply
    with the regulations prevailing at the country of origin. (*Ministry
    of Agriculture Decision 736-96, of June 27, 1996, published in the
    official bulletin 4384*).

Recently the Ministry of Agriculture published a regulation that defines
the conditions that wine must meet before it can include the
*denomination of "Chateau*" on the label (*Ministry of Agriculture
decision 815-04, October 14, 2004, Published in the Official Bulletin
5266 of November 18, 2004)*

Labeling and marketing of wine is subject to the basic law issued by the
Ministry of Agriculture (*Decree 2-75-321 issued on August 12, 1977*).
Alcohol content must be specified in unit or half units and should not
differ by more than 0.5 percent of the content determined by analysis.
Non-origin labeled sparkling wines cannot be sold unless the label
"*Sparkling Wine*" is indicated on the bottle. The size of the
characters should be at least half of the size of the largest characters
used on the label.

Origin labeled wines must have the following information on their
label: 1) geographical denomination, 2) the labels "*Origin label
guaranteed*" or "*Guaranteed vintage wine*" 3) brand name or vineyard
name printed in legible characters. 4) Alcohol content 5) name and
address of the bottler printed in characters not exceeding two-thirds
the size of the characters used to print the geographical denomination.

Bottling of wine is subject to strict requirements. Ordinary wines and
common wine can be sold in 1 liter glass bottle or 1.5 liters PVC
bottle. Guaranteed vintage wines, old wine, origin labeled wines can be
marketed only in glass bottles of specific sizes (75 cc, 37.5 cc, 72 cc
and 18 cc) (*Article 19 of the 275-321 law on wine marketing)*.
Sparkling wine bottles must have a capacity of 80 cc or 40 cc.

A certificate of origin and a certificate of laboratory analysis are
required by the Ministry of Agriculture for imported of origin labeled
wines.

###  Other Alcoholic Beverages

The Ministry of Agriculture amended the regulation regarding the
marketing of spirits and similar products *(Minister of Agriculture
Decision 1628-07 dated August 22, 2007) modifying the May 16, 1916
decision, Official Bulletin 558 of September 6, 2007, Page 1028).* Major
additions and changes are:

-   The denomination "Mahia" that can be used only for brandy issued
    from fermented must from figs / dates and aniseed with no ethylic
    alcohol being added.

-   Marketing of alcoholic drinks using designations such as "type",
    "style", "taste", "brand", "fantasy" is prohibited.

-   Imports, processing, bottling, and trading of alcoholic beverages is
    subject to a license from the Ministry of Agriculture that will be
    delivered following authorization of the local authorities
    (prefecture or province level).

-   The Minimum alcohol content by volume must be (in %): Whisky, pastis
    and mahia 40; Rum, Wine Brandy, raisin brandy, Fruits Brandy, Gin,
    Vodka 37.5; Brandy 36 ; anis and spirits from grains 35; spirits
    drinks from fruit 25; aniseed spirits 15; and spirits called "Mixed
    Drinks" 5 percent.

-   Packaging requirement (see Packaging and Container Regulation
    Section above)

-   The labeling of spirits must include:

    -   Commercial Name,

    -   Net Volume

    -   Acquired alcoholometry volume

    -   Name and address of the importer for imported products).

    -   List of ingredient for the spirits drinks other than natural
        brandies.

    -   Validity date for drinks having less than 10 percent of alcohol
        in volume.

    -   Processing Lot number

    -   Place of origin if omitting it creates confusion in the buyers'
        mind as to the origin of the product.

## Dairy Products

The current regulation for production and marketing of dairy products
was amended on 2001 (*Decree 2-00425, December 7, 2000, Official
Bulletin \# 4862 of January 4, 2001*). This Decree abrogated and
replaced three major requirements:

a)  The basic old regulation undermining milk marketing in Morocco. It
    included the requirement to add starch to imported milk powder
    (Ministerial Decision of August 6, 1926).

b)  The requirement specifying that unless the milk is from cows, the
    species should be mentioned in the label. (*Article 20 of the
    October 14, 1914 decision*).

c)  For establishing controlled Milk processing units (*Ministerial
    Decision of March 10, 1917*)

The new Decree provides definitions of various milk products and sets
the hygienic and sanitary conditions for milk production, processing,
and sale.

The Decree also stipulates that milk reconstitution from sterilized or
UHT milk requires an authorization from the Ministry of Agriculture.
Reconstitution of milk from pasteurized milk is prohibited. Addition of
starch to imported milk powder for industrial use is no longer required.

The various milk products as defined in the Decree must include in their
label the following indications:

a)  Name of the product.

b)  Brand name or Company Name.

c)  Expiration date.

d)  Fat Content.

e)  Volume or Net Weight.

f)  The citation: *\"to store at\...\"* followed by the appropriate
    storage temperature as set by the current regulations.

g)  In addition to the label \"*Pasteurized Milk*\", \"*Sterilized
    Milk*\", or \"*UHT Sterilized Milk*\", indicates \"*Whole*\",
    \"*semi-skimmed*\", or \"*skimmed milk*\".

h)  Registration number of milk pasteurization/sterilization plant.

i)  The mention \"*Refrigerate after opening*\" or \"*use rapidly*\".

Fat content of processed milk is no longer set by the government
(*Decree 2-02-94 June 4, 2002*)

## Dietetic or Special Use Food

These products are consumed for special nutritional purposes. They
include baby formulas, infant food, dietetic food, food with a
guaranteed amount of vitamins, amino-acid, or magnesium, food
particularly high or low in energy, lipids or proteins, low sodium, and
low calorie diet food, etc.

These products must be registered at the Ministry of Health before they
can clear customs. Since the registration process might take several
weeks, it is advisable to apply for registration of the product by
sending small samples, get the product approved, and then proceed with
the shipment.

The importer applies for registration by submitting the following:

-   A request to register the product addressed to:

> Ministère de la Santé (Ministry of Health)
>
> Direction du Médicament et de la Pharmacie
>
> B.P. 6202, Rabat Institut, Morocco

-   Detailed information on the ingredients, on the production and
    control process, and on the stability of the product.

-   An export certificate provided by the Official Authorities in the
    exporting country stating that the product is legally marketed for
    human use in the country of origin. In case of the United States,
    although the circular does not state it, the FDA certificate is
    accepted.

-   Laboratory analysis certificate provided by official authorities of
    the exporting country. The result of the analysis should include
    information on the ingredients and exipients, toxicological and
    bacteriological analysis, and provide reference of the relevant
    prevailing regulations in the country of origin.

-   Result of the scientific work and experiments made to show the
    advantage of using the products.

-   A sample of the item to be marketed.

Based on the decision of the joint commission from the Ministry of
Health and the Ministry of Agriculture, the Ministry of Health issues
the Registration Certificate that can be used to clear customs. The
certificate is valid for 5 years and is renewable upon request from the
importer.

Infant powder milk can only be sold in pharmacies (decision of the joint
commission of Ministry of Agriculture and Ministry of Health).

Products included in this group can be sold as "*Dietetic Food*" or
"*Diet Food*" except baby formulas and infant food used by healthy
children. The labels of these products should include:

a)  Name of the product.

b)  Qualitative and quantitative information or the production process
    that gives the food its special characteristics.

c)  List of ingredients and additives.

d)  Net weight.

e)  Name and address of the importer.

f)  Lot number.

g)  Production and expiration dates (mention the year) and, if needed,
    limit date for optimal use.

h)  Precaution measures for its use.

i)  Special storage conditions if any.

j)  Energy content expressed in Kilo-Joules (KJ) or Kilocalorie (Kcal)
    as well as sugar, protein and fat content per 100 grams or 100
    milliliters and daily recommended intake. When the energy content of
    the food is less than 50 KJ (12 Kcal) the exact energy content may
    be replaced by the expression "*Energy Value Lower Than 50 KJ (12
    Kcal) For 100 Grams Per 1000 Milliliter*\".

> For this special group of food, the label should not include any
> mention of prevention, treatment, or recovery or conjure up such
> properties.

## Honey

The name "*Honey*" can be used exclusively for the honey produced by
bees. When the bees are fed sugar or other sweet feed, except honey, the
products should be designated as "*Sugar Honey*". The label "*honey*"
cannot be used for honey caramelized by heat or containing over 25
percent of water. (*Article 5, Ministry Decision March 5, 1928*).

Products that look like honey and that can be used for similar purposes
cannot be imported, produced, or held for sale under any name unless
they fulfill the conditions above (*Article 6, Decree May 16, 1961*).

The word "*Pure*" can be used only for the honey issued from bees and
not for honey from sugar. The country of origin must appear in the honey
product label. It should be printed in indelible characters of at least
5 millimeters. The name of the region may also be indicated on the label
of "*Pure honey*". Mixing honey of different origins is prohibited
(*Article 7, Minister's decision February 6, 1950*).

## Marmalade, Jelly, Jams

The denomination "*Marmalade, Jelly, and Jams*" followed by the name of
one or several fruits or printed with the indication "*Pure Fruit and
Sugar*", can be used only for the products issued from refined sugar,
white crystallized sugar, brown sugar, fresh or dried fruit, or fruit
juice. They must be conserved without addition of any antiseptic except
Sulfur Anhydride. No trace of Sulfur Anhydride should remain at the time
of sale.

The denomination "*All Fruit*" must be reserved for products containing
at least three types of fruits and prepared under the same conditions as
mentioned above.

The denomination "*Raisin*" combined with the indication "*Pure Fruit
and Sugar*" is to be used for products issued from crystallized white
sugar or brown sugar, and dried raisins, or grape juice. (*Article 8,
Minister's Decision March 5, 1928, published in the Official Bulletin
#806 issued on April 3rd 1928*)

The use of the names of marmalade, jelly, or jams for products
containing apple pulp, apple juice, apple marc's is considered
fraudulent unless the name is followed immediately by the words "*And
Apples*" printed in the same characters. When apple, apple juice or the
products mentioned in the article 8 are the dominant products, the name
of the product used must be "*jam, marmalade, or jelly, of apples
with\...*". (*Article 9, Minister's Decision March 5, 1928, published in
the Official Bulletin #806 issued on April 3, 1928*).

The following are not considered falsification (*Article 10, Minister's
Decision March 5, 1928, published in the Official Bulletin #806 issued
on April 3rd 1928*):

1.  The partial or total substitution of sugar with another sugar. When
    the substitution is over 15 percent, the product must no longer be
    labeled "*Pure sugar*" but "*Fancy*" or "*Glucose*" or any other
    name indicating this substitution.

2.  The use of crystallized fruit or their syrups. In this case the name
    should be immediately followed by the word "*Fancy*", or
    "*Crystallized Fruit*", or "*syrups of crystallized fruit*" and
    exclude the word "*Pure sugar*".

3.  The addition of commercially pure Tartric Acid commercially pure.
    The name of the products should be immediately followed by the word
    "*Fancy*".

4.  The coloration as permitted by the prevailing law. The name of the
    products should be immediately followed by the word "*Fancy*" or
    "*Colored*"

5.  Adding aroma as permitted by the prevailing law. The name of the
    products should be immediately followed by the word "*Fancy*" or
    "*Aromatized*".

6.  Adding gelose or gelatin, gum and starch. The name of the products
    should indicate the name of the added products. The use of the
    wordings "*Pure Fruit*" or "*Pure Sugar*" is in these cases
    prohibited.

When the last three processes are all used, the product should not
indicate any name of fruit and should be labeled as "*Artificial*".

It is prohibited to import, carry, and hold for sale under the names
specified in article 8,9, and 10 any jam or jelly containing over 40
grams of water for 100 grams of products and for marmalade any products
containing over 45 grams of water for 100 grams of products. (*Article
11, Decision of March 5, 1928, published in the Official Bulletin #806
of April 3, 1928*)

## Milk Replacement for calves

On December 2006, Morocco amended the regulation for import of milk
replacers. Instead of requesting specifically that 5 percent of alfalfa
flour be added to the imported milk replacer, the new regulation
requires that an additive tracer approved by the Moroccan Ministry of
Agriculture be added to the milk replacer. A sample of the product must
be provided to one of the Ministry of Agriculture's Laboratories for
Analysis and Veterinary Research with an indication of the procedure to
identify the tracer.

A sanitary certificate issued by the official veterinary authorities of
the exporting country must guarantee that the milk has been specially
treated and prepared to be used as feed and that the product does not
contain animal fat other than the butyric and that the product is
commonly sold in the country of origin.

Milk replacers containing non butyric are prohibited for imports into
Morocco.

The label for milk replacers must have:

-   Brand Name, company name and the Import Authorization Number

-   The label "Milk for feed use"

-   Expiry date

## Mixed Feeds

On April 2004, the Ministry of Agriculture issued a decision that amends
the original 1948 decision related to mixed feed for animals. The recent
decision has, for each type of animals (i.e. cattle, sheep and goats,
laying hens, poultry breeding stock, broiler, turkey, quail, ducks,
rabbit, ostrich), new minimum nutritional characteristics that must be
met depending on the production phases (*Ministry of Agriculture
Decision 1239-03 of December 29, 2003, published in Official Bulletin
5200 issued April 1, 2004*).

A license from the Ministry of Agriculture is required to market mixed
feed in the Moroccan Market. (*Decision of August 7, 1946 published in
the Official Bulleting 1766 of August 30, 1946*). Another decision of
the Ministry of Agriculture (*Decision of January 1947, published in
Official Bulletin 1788, January 31, 1947*) stipulates that:

-   The Ministry of Agriculture issues a license once the Official
    Laboratory approves the products and assigns a registration number
    to it.

-   The label of the feed must include: the brand, the name and address
    of the manufacturer, the name of the product, the specie for whom
    the feed is made, the official laboratory registration number, the
    manufacturing date.

-   The label should be of one of the following colors:

    a.  Red with black printing for mixes

    b.  Blue with black printing for nitrogen concentrate and mineral
        supplements

    c.  White with printing of different colors according to the
        targeted species for balanced mixed feed.

The indications on the label should be also printed on promotional
material.

The label for feed mixes, defined as 2 or 3 well-mixed feed ingredients
whether added or not with minerals or vitamins, must indicate the names
of the ingredients and the percentage of each ingredient in the mix.

The label of balanced mixed feed must include also the name and the
percentage of the ingredient, the content in digestible protein, the dry
matter content in grams per kilogram, and the feed value expressed in
Scandinavian Feed unit per kilogram.

The protein meals cannot be sold without a certificate showing their
protein and fat content (*Decision of June 9, 1950, published in the
official bulletin #1965 of June 23, 1950*).

## Mineral and Nitrogen Supplement for feed

In addition to the labeling required for mixed feed, the labels should
include (*Article VII, Decision of January 1947, published in Official
Bulletin 1788, January 31, 1947*):

-   The amounts at which the supplement is to be incorporated in the
    rations according to the species, age of the animals and production
    level.

-   Nitrogen concentrate label should show the percentage of digestible
    protein.

-   The content in grams per kilogram of calcium, phosphate, chloride
    for mineral supplements.

## Use of estrogen, arsenical, antimonial substances, meat meal and animal fats

Morocco amended its regulation that prohibited imports of animals, and
animal products from animals, to which hormones (estrogens) have been
administered. The current regulation still prohibits imports of animal
products and animals that have been fed animal origin feed (Meat and
bone meals -- except fish meal) and animal fat. (*Decree 2-05-1223 of
December 2, 2005, Official Bulletin 5384 published on January 5, 2006*).

## Beef and Poultry Meat

The Moroccan government and USDA are currently working to lift the ban
on imports of beef from the United States because of the BSE. Also, the
certificates that will accompany meat and poultry exported from the
United States to Morocco are being finalized by the two parties. In
addition, the meat imported for Muslims into Morocco needs a "Halal
Certificate" delivered by a religious organization recognized by the
government of the exporting country.

A joint circular from the Ministry of Health, Ministry of Agriculture
and Ministry of Commerce and Industry sets up maximum microbiological
tolerances for meat, dairy, poultry and egg products (*Decision 624-04
of April 8, 2004 published at the Official Bulletin 5214 of May 20,
2004*). Products that don't meet these maximum tolerances are considered
unsuitable for consumption.

## 

## Cattle Semen

In April 2004, a new certificate was agreed upon for imports of cattle
semen from the US. The new model certificate for semen can be found at
[www.aphis.usda.gov/vs/ncie/iregs/animals/mo.html]{.underline} and makes
no mention of BSE.

## Fruit and Vegetable Juices

The basic regulation controlling the production, marketing, and labeling
of fruit and vegetable juice is the joint circular 002/97 issued by the
Ministry of Agriculture and the Ministry of Public Health. A copy of the
circular can be obtained from the Agricultural Affairs Office in Rabat
or directly from the Ministry of Agriculture's Fraud Repression Office.

The circular defines which products can have the label \"*Vegetable
Juice*\" and when to use the name of the vegetable, or the words
"*Fresh*", "*Pure*", and "*Salted*". It also defines under what
conditions mixing and concentration of juice is permitted. Dilution of
vegetable juice is prohibited except when it is done right before
consumption in presence of the consumer or using adequate mixing
machines verified by the GOM. It is also prohibited to add alcohol,
antiseptics, tartric acid, lactic acid as well as any non-authorized
substance.

Juice labels should indicate the name of the importer and the net weight
in centiliters.

## Salt

All salt whether produced locally or imported must contain Iodine. The
iodine must be added in the form of Potassium Iodate (KIO~3~) at 80
milligram for every kilogram of salt. A waiver of 10 mg/kg is tolerated.
A draft regulation has been proposed by the Ministry of Agriculture to
set the minimum iodine requirement to 30-50 mg/Kg and might take several
months before it is published in the official bulletin.

Salt must be packed with rainproof, chemically stable material. Packs
cannot exceed 1-kilogram net weight.

The label "*Iodized Salt*" must be apparent and have a dimension of at
least 6 milliliters. It must indicate: the name of the producer, the
country of origin, the rate of iodine used, production date, the number
of the lot, ingredient list, authorized additives used, and net weight.
No therapeutically information should be on the label.(*Decree 2-95-709,
December 12, 95, Official Bulletin 4338*)

## Product Samples and Mail Order Shipments

Samples of food products sent to importers are subject to the full
import regulations.

# OTHER SPECIFIC STANDARDS

## Butter

The prevailing regulation governing the marketing of butter has been
issued in 1995 (*Decree 2-93-179, Dec. 12, 1995, issued in the Official
Bulletin 4338 and as modified by the Decree 2-99-940 of November 22,
1999, Official Bulletin 4748 of December 12, 1999*).

Morocco defines butter as having a minimum of 82 percent fat and 16
percent water. The United States require the standard butter to have 80
percent minimum fat. The Ministry of Agriculture is amending its
regulation on fat content to meet the CODEX requirement but this might
take several months. Meanwhile, a waiver on the 80 percent fat content
was given to some importers provided the butter is sold to food
processors (and not directly to the public). Butter must also comply
with the microbiological requirements as specified by the Ministry of
Agriculture.

When the butter is not from cows, the species from which it is issued
must be indicated.

Butter with an acidity of over 15 (number of cc of normal potash for
each 100 grams of finished products) is considered not suitable for
consumption.

In addition to the minimum labeling requirement, imported butter labels
must bear the statement \"*Pasteurized Butter*\", and indicate the
country of origin, name of producer and its address, net weight,
production date, and the shelf life.

The microbiological, physical, and chemical specification required for
local and imported butter can be found in the Ministry of Agriculture
Decision 699-93 of March 1996 (*Official Bulletin 4370*). This decision
sets the maximum tolerated germ concentration and stipulates that the
imported butter must fulfill the additional following requirements:

> 1\) Imported Butter must be pasteurized and labeled as "*Pasteurized
> Butter*"

2\) Butter must not be renovated or regenerated

3\) Butter must be less than 7 months old

4\) Butter must be stored at less than - 15 centigrade

## Chocolate

The regulation governing chocolate labeling is dated March 15, 1927. It
stipulates that the label \"*chocolate*\" can only be used for products
containing at least 32 percent of cocoa powder or paste. The label
\"*Milk chocolate*\" can only be used for products containing at least
15 percent of solid matter obtained from evaporation of milk.

Morocco is amending its regulation on the minimum requirement of cocoa
to meet the current international standards. A draft regulation has
successfully passed the Government Council and will have to pass the
Minister's Council and be published at the Official Bulletin before it
is implemented.

## Day Old Chicks

The most recent regulation governing the imports of day old chicks into
Morocco was issued in January 1998 (*Ministry of Agriculture decision of
2421-97 of January 29, 1998, published in the Official Bulletin 4558*).
Under this regulation, imported breeding day old chicks that weigh no
more than 185 grams must comply with the following requirements:

-   Maximum age 1 day.

-   The male chicks should represent no more than 20 percent per lot.
    All male chicks must be nail-trimmed and delivered in separate
    cases.

-   Chicks must be shipped with a Certificate of Origin mentioning the
    strain and that the birds are for breeding purposes. This
    certificate must be delivered by the official authorities of the
    exporting country.

The Ministry of Agriculture and USDA/APHIS finalized a sanitary
certificate for imports of day old turkey from the United States.

## Live Animal

Live breeding cattle are not subject to import license but imported
cattle must comply with a set of technical specifications that set
minimum performance and are published by the Ministry of Agriculture
*(Code de Procédure d'Importation de Reproducteurs Bovins de Races Pure
DE/006136 published in November 2004, amended in 2006, and more recently
in June 2008, Min Ag Decision 584-08 of April 24, 2008, published in the
Official Bulletin 5636 of June 5, 2008).*

The breed of cattle must explicitly be listed on the Import Procedure
Code (CPI) to be allowed into Morocco. Currently accepted breeds of US
interests are Holstein-zed Frisons, Holstein (black and white, and red
and white) Jersey, Brangus, Angus, Santa Gertrudis, and Brahman).
Holstein bulls can be imported exclusively for artificial insemination
centers. In order to benefit from the exoneration of customs duties,
that are otherwise prohibitive, the imported cattle must be:

-   Purebred Pregnant Heifers of specific breeds.

-   Purebred young heifers of specific breeds.

-   Purebred breeding bulls of specific breeds.

The imported heifer must have information on the sire or grand-sire and
her dam or grand-dam must produce at least 6,000 Kg of milk (305 days
basis) for Holstein and Holstein-zed Frisons, and 4,500 Kg for Jersey
heifers. The amendment accepts heifers coming from herds whose average
(on a 305 days basis) meet the above mentioned minimum production for
each breed.

The Ministry of Agriculture Livestock Directorate and APHIS/VS agreed
recently on a model health certificate for imports of dairy heifers from
the United States. The new certificate provides more flexibility on
imports of cattle from medium incidence states for bluetongue.

# COPYRIGHT AND/OR TRADEMARK LAWS

Morocco is a member of the World Intellectual Property Organization
(WIPO) and signed several international agreement for intellectual
property rights protection.

The law 31/05 amending and supplementing the law 17/97 relating to the
protection of industrial property adopted by the Parliament on December
the 14^th^, 2005 is published in the official bulletin n° 5397 of
February 20^th^, 2006. This law comprises provisions, which reinforce
the system of the industrial property in Morocco, in particular those
relating to the opposition system of trademarks, measurements at the
borders and the national register of the geographical indications and
appellations of origin.

Foreign companies enjoy trademarks and brand protection in Morocco as
stipulated by the Madrid April 14, 1891, Protocol. Exporters from
countries not signatory of the Madrid Arrangement must apply through a
resident in Morocco to have their trademarks and brand names registered.

Detailed guides for registration can be obtained through the
Agricultural Affairs Office or directly from:

Office Marocain de la Propriété Industrielle et Commerciale (OMPIC)

Route Secondaire 114, Km 9.5, route de Nouaceur, Sidi Maarouf,
Casablanca

Tél.: (212-2) 233-5486 Fax : (212-2) 233-5480

Web site: [http://www.ompic.org.ma](http://www.ompic.org.ma/)

## IPR- Plants and Plant Products

Morocco is implementing its intellectual property right (IPR) law for
protecting new plant varieties. The basic 9/94 IPR law was published by
the government in 1997, but has been effectively implemented since
October 28, 2002 with the publication of various implementing orders.

The IPR law is patterned after the 1991 UPOV (International Union for
the Protection of New Varieties of Plants) Convention and should provide
adequate protection of breeders' rights and allow plant breeders to reap
fair returns from their investment. The law will also allow Moroccan
agriculture to benefit from new developments in plant breeding.

Protection of new varieties is not mandatory. The Moroccan law provides
breeders from other countries reciprocal treatment. That is, the
protection is granted if the country of origin provides at least the
same protection to Moroccan breeders. Protection is granted to the
breeder if the variety is deemed new, distinct, uniform, stable, and has
the appropriate denomination.

A variety is considered new if, at the implementation date, the material
to protect has not been sold or given to third parties for use for over
1 year in Morocco and for 4 years abroad (for trees and vineyards, 6
years). The variety has to be distinguishable from any commonly known
variety, sufficiently uniform in its relevant characteristics, and have
stable characteristics even after repeated propagation. The Ministry of
Agriculture has established a list of organizations (local and foreign)
that are able to evaluate the variety to protect.

Currently, the Ministry of Agriculture has published a list of 76
species and genera for which the breeders' rights can be protected. The
list establishes also, for each species and genera, the elements that
can be protected. As required by the UPOV convention, the list is
expected to be extended to all species and genera within 10 years. A
more detailed report on IPR (MO3001) in Morocco can be found at the
[www.fas.usda.gov]{.underline}

Ministère de l'Agriculture et du Développement Rural - DPVCTRF

> Direction de la Protection des Végétaux, Contrôle Technique et
> Répression des Fraudes

Station Dbagh, Av. Hassan II, BP.1308; Rabat, Morocco

Contact: M. HILALI, Abderrahman; Directeur

> Phone: (212‑3) 729‑7543/729‑7545 Fax:(212‑3)729‑7544

# IMPORT PROCEDURES

## General

The basic regulation for inspection of food and agricultural products
imported into Morocco is the joint Ministry of Finance and Ministry of
Agriculture Circular \# 1. This circular gives Ministry of Agriculture
inspectors and Customs Officials authority to inspect imported food and
agricultural products.

Depending on their nature (animal, plant, raw, or processed) imported
products are inspected by different divisions. In major ports
(Casablanca, Agadir, and Tangier), the importer deals with one Ministry
of Agriculture office, the DCQ (Direction de Contrôle de la Qualité) and
the dispatch of the file is done internally depending of the type of
product.

Typically, the clearing process through DCQ inspectors consists of up to
three major steps based on the familiarity with commodity, importer's
experience, and sometimes the origin.

a\) Checking the import documents

b\) Physical control of the commodity, and

c\) Drawing of sample for more detailed laboratory analysis.

DCQ inspectors issue a certificate that authorizes the importer to clear
customs. Customs Officers will not authorize the goods into the country
without a certificate issued at the point of entry by the DCQ
inspectors.

The imported product can follow three possible paths:

> 1\) Animal and animal products: this category includes live animals,
> animal products and by-products, animal breeding products, sea
> products, fresh water products, and feedstuffs, including mineral
> complements and premixes. In this case, a Veterinarian from the
> Ministry of Agriculture issues a sanitary certificate that might
> result in the imported goods being admitted or rejected.
>
> 2\) Plants and plant products are inspected by inspectors from the
> Plant Protection and Control Division at the Ministry of Agriculture
> (DPVCTRF). Based on the results of the control, the Plant Protection
> inspector issues a phytosanitary certificate in which a) allows the
> products to enter the country; b) orders that the product be fumigated
> at the port or in approved stations; or c) rejects the product and/or
> orders its destruction.
>
> 3\) In addition to the sanitary and phytosanitary control, foodstuffs
> and feedstuffs are controlled by representatives from the Ministry of
> Agriculture's Fraud Repression Office and by customs officers who have
> the authority to request laboratory analysis. Eventually, the
> designated government laboratories issue a certificate that is
> necessary for customs clearance.

In order to help DCQ inspector make a quick decision and not request
laboratory analysis, the exporter (or local importer) should provide
extensive documentation (description of the products, lab analysis
result, certification of approval by the government of the exporting
country, etc.). Some importers send samples to the DCQ office before
they ship the products to get a feel of what would be required to
swiftly clear customs. Also, the most widely used business language in
Morocco is French. Therefore, even if English documents are acceptable,
it is generally a good practice to present French documents to expedite
customs clearance. Normally, it takes less than a week to clear products
through customs. If a sample of food is taken for laboratory analysis,
the customs clearance may be delayed up to 8 days and the importers have
to pay the cost of the laboratory analysis.

## Certification for Animal, and Animal Origin Products

For animal and animal origin products including seafood, the basic
regulation that states the requirement of sanitary certificates by the
Ministry of Agriculture has been recently amended in May 2005. (*Decree
2-89-597 issued October 12, 1993, published in the Official Bulletin
4227 and modified by Decision 603-05 of March 16 as published in the
Official Bulleting of May 19, 2005 \# 5318)*:

Generally, animal origin products have to be accompanied by certificate
derived from the model agreed upon between the Ministry of Agriculture's
Livestock Division and USDA.

### Live Animals

-   A sanitary certificate delivered by the official authorities of the
    country of origin no more than 3 days before the departure of the
    animals. The certificate should indicate the number of animals,
    their species, their description, name and address of the expediter
    and the addressee. It should certify that in the country of origin,
    and if applicable of transit, there is no case of contagious disease
    of the exported species. The Ministry of Agriculture sets up the
    list of sanitary indications that are required for each imported
    species.

-   A sanitary certificate delivered by the local official authorities
    at the loading port indicating that, at the time of loading, the
    animals were carefully inspected within 24 hours of their export and
    that they are in good health, and that no case of reputable
    contagious diseases has been found.

-   A Certificate of Analysis delivered by an official laboratory of the
    country of indicating results of the tests required in the sanitary
    certificate. This certificate needs to be signed by the sanitary
    authorities of the exporting country.

### Animal Products and food containing Animal origin ingredients

-   A sanitary certificate delivered by the official sanitary
    authorities of the exporting country is required. The certificate
    should indicate:

    -   The exporting country.

    -   The service issuing the certificate.

    -   Identification of the exported products (nature, quantity, size,
        packaging).

    -   The name and address and the License Number of the expediter.

    -   Name and Address of the importer.

    -   Identification of the means and conditions of transport.

-   The sanitary certificate must certify that the product come from
    animals that received ante mortem and postmortem inspection at the
    time of slaughter and was determined to be wholesome and free of
    disease. The product contains no unauthorized preservatives or other
    additives or food colorings. Taking into account the surveillance
    plans implemented by the sanitary authorities, the product does not
    contain residues of antibiotics, anti-coccidian, hormones,
    pesticides, radioactive elements, or medications in quantities that
    exceed the admissible levels susceptible of making the product
    hazardous or harmful to human health. The product has been prepared
    in an establishment inspected and approved by the official
    inspection services and is known to be suitable for human
    consumption.

-   The products come from animals that have been killed according to
    the Islamic ritual when the product is aimed for Muslim consumers. A
    Halal Certificate delivered by an Islamic organism accepted by the
    official authorities of the country of origin

-   A certificate of physical and chemical analysis and microbiological
    analysis provided by an official laboratory duly authorized in the
    country of origin.

### Other animal products

> This category includes animal products used for breeding, ingredients
> for the animal by-products processing industry, and animal origin
> feed. The required certificates are:

-   A sanitary certificate issued by the official veterinary authority
    of the country of origin certifying that the product is from animals
    free of contagious diseases is required.

-   For animal products used for feeding and ingredients of the Animal
    by-products industry and coming from countries that are not
    recognized to be free contagious disease, the certificate must
    indicate that the product has been treated as required by the
    Ministry of Agriculture

-   Breeding material must comply with the Ministry of Agriculture set
    of specifications.

-   The certificate should indicate that the product was prepared in an
    establishment that is regularly inspected by the veterinary services
    in the country of origin.

### Seafood products

-   A sanitary certificate issued by the official sanitary authorities
    indicating that the product does not contain any toxin or pathogenic
    germs is required. This certificate must indicate that the products
    come from approved facilities that have been subject to veterinary
    sanitary inspection, and are known to be suitable for human
    consumption.

-   Fish from farms, and fish eggs must have a sanitary certificate
    issued at the place of origin and certifying that the fish farms are
    approved and regularly inspected by the veterinary authorities and
    are free of contagious diseases of the species.

### Point of Entry to Morocco for Animals and Animal Products

Imported live animals, animal products, and byproducts can enter Morocco
only through specified ports and airports. Entry ports are Casablanca,
Tanger, Kenitra, Safi, Agadir, Jorf Lasfar, Nador, Al Hoceima, Dakhla
and Laayoune. Entry airports are Casablanca (Mohamed V), Agadir, Fes,
Tanger, Oujda, Rabat-Sale, Marrakech, Laayoune, Dakhla, and Ouarzazate.
(*Minister of Agriculture and Minister of Finance Decision 1726-96 of
September 1996, published in Official Bulletin 4418 of October 3,
1996*).

## 

## 

## Government Approved Laboratories

The list of approved Fraud Repression laboratories has been set by
decree as stipulated in the 13/83 Fraud Repression Law. The most widely
used laboratories are:

Laboratoire Officiel d'Analyse et de Recherches Chimiques-Casablanca

Laboratoire d'Analyse et de Recherches Vétérinaires, Casablanca

Laboratoire du Service du Contrôle et

de la Multiplication des Semences et Plants-Rabat

Laboratoire de Technologie des Céréales de l'INRA

Laboratoire de Technologie des Céréales de l'ONICL

Laboratoire de l'Institut Pasteur-Casablanca

Laboratoire d'Analyse et de Recherches Vétérinaires de Tanger

Laboratoire d'Analyse et de Recherches Vétérinaires d'Agadir

Laboratoire de l'Institut National d'Hygiène

## Appeals System

According to the 13-83 food law, when the laboratory results provides
evidence that the imported product does not comply with the prevailing
regulations, the importer is notified by the head of Fraud Repression
Office at the Ministry of Agriculture. The importer may appeal within
eight days after the receipt of the notification and may request a
second laboratory analysis be made. The FRO head sends the product
samples to a second approved laboratory. Any supporting documents that
the importer wants to provide to the second laboratory have to be
transmitted through the head of FRO. The results of the second analysis
are also provided to the head of Fraud Repression Office.

Normally, the importer will pay a deposit to the Moroccan Treasury that
will be used, if the second analysis confirms the first results, to pay
additional charges such as storage of the goods, laboratory cost, and
sample delivery. If the results of the second analysis don't provide any
evidence of law infringement, the deposit is paid back to the importer.

When the importer does not appeal within eight days and when the results
of the second analysis confirm the results of the first one, the report
is filed in the court who decides whether to reject the product or not.

# APPENDIX I -- GOVERNMENT REGULATORY AGENCY CONTACTS

**Ministère de l'Agriculture et du Développement Rural - DPVCTRF**

Direction de la Protection des Végétaux, Contrôle Technique et
Répression des Fraudes

Station Dbagh, Av. Hassan II, BP.1308; Rabat, Morocco

**Dr. Abderrahman HILALI,** Head of Plant Protection, Technical Control,
and Fraud Control

Phone: (212‑3) 729‑7543 Fax: (212‑3) 729‑7544

*Plant Protection, Quarantine, Fraud Control Office, Additives
Phytosanitary Certificate, Import Requirements, Intellectual Property
Rights*

#### Ministère de l\'Agriculture -- Direction de l'Elevage

**Dr. BENAZZOU Hamid**, Directeur de l\'Elevage

Rue Abderrahman El Ghafiqui, Agdal, Rabat, Morocco

Phone: (212-3) 768-6286 Fax:(212-3) 768-2049

Email: <madedvha@menara.ma>

*Livestock & Products, Food, Sanitary Requirement, Quarantine*

#### Direction du Contrôle de la Qualité (DCQ) - Port Casa

Port de Commerce de Casablanca, Morocco

Phone: (212-2) 231-7047 Fax: (212-2) 231-8648

Email: <dcqpfc@hotmail.com>

*Port Food and Agricultural Products Inspection, Ministry of
Agriculture*

# APPENDIX II -- OTHER IMPORT SPECIALIST CONTACTS

**American Embassy-Rabat**

Agricultural Affairs Office-Rabat

PSC 74, Box 002. APO AE 09718

Contact: **Hassan F. Ahmed**, Agricultural Attaché

> **Aziz ABDELALI**, Agricultural Specialist

Phone: (212-3) 776-2265 Fax:(212-3) 776-5493

Email: [AgRabat@usda.gov]{.underline}

*USDA/FAS, U.S. Agricultural Export Promotion, U.S. Embassy, Rabat*

End of Report.