Required Report - public distribution

**Date:** 10/7/2008

**GAIN Report Number:** TS8009

TS8009

**Tunisia**

**FAIRS Country Report**

**Annual**

**2008**

**Approved by:**

![](media/image1.wmf)Hassan F. Ahmed

U.S. Embassy, Rabat

**Prepared by:**

Hassan F. Ahmed

**Report Highlights:**

No major changes reported in Tunisian food import regulations.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Rabat \[MO1\]

\[TS\]

#### Table of Contents

#### 

[**Section I: Food laws 4**](#section-i-food-laws)

[Section II -- Labeling Requirements
4](#section-ii-labeling-requirements)

[II-A General Requirements 4](#ii-a-general-requirements)

[II-B. Requirements Specific to Nutritional Labeling
5](#ii-b.-requirements-specific-to-nutritional-labeling)

[SECTION III -- Packaging And Container Requirements
5](#section-iii-packaging-and-container-requirements)

[SECTION IV - Food Additives Regulations
6](#section-iv---food-additives-regulations)

[SECTION V -- Pesticides and Other Contaminants
6](#section-v-pesticides-and-other-contaminants)

[SECTION VI: Other Regulations and Requirements
6](#section-vi-other-regulations-and-requirements)

[Technical controls 6](#technical-controls)

[Dioxin and Radio-contamination 7](#dioxin-and-radio-contamination)

[Biotech-derived products 7](#biotech-derived-products)

[Environmental labeling 7](#environmental-labeling)

[Section VII - Other Specific Standards
7](#section-vii---other-specific-standards)

[A. CEREALS 7](#a.-cereals)

[B. MILK PRODUCTS 8](#b.-milk-products)

[B-1. Dry milk 8](#b-1.-dry-milk)

[C. Animal Feeds 8](#c.-animal-feeds)

[D. Feed Additives 8](#d.-feed-additives)

[E. Live Animals 9](#e.-live-animals)

[F. Animal Semen 9](#f.-animal-semen)

[G. Meat 9](#g.-meat)

[H. Plant Products 9](#h.-plant-products)

[Section VIII: Copyright And/Or Trademark Laws
9](#section-viii-copyright-andor-trademark-laws)

[Section IX -- Import Procedures 10](#section-ix-import-procedures)

[Appendix I: Government Regulatory Agency Contacts
11](#appendix-i-government-regulatory-agency-contacts)

####   {#section-1 .unnumbered}

#### 

#### Disclaimer

**''This report was prepared by the Office of Agricultural Affairs of
the USDA/Foreign Agricultural Service in Tunis, Tunisia for US exporters
of domestic food and agricultural products. While every possible care
was taken in the preparation of this report, information provided may
not be completely accurate either because policies have changed since
its preparation, or because clear and consistent information about
theses policies was not available. It is highly recommended that US
exporters verify the full set of import requirements with their foreign
customers, who are normally best equipped to research such matters with
local authorities, before any goods are shipped. FINAL IMPORT APPROVAL
OF ANY PRODUCT IS SUBJECT TO THE IMPORTING COUNTRY'S RULES AND
REGULATIONS AS INTERPRETED BY BORDER OFFICIALS AT THE TIME OF PRODUCT
ENTRY''**

# Section I: Food laws

Tunisian food legislation is mainly reflected in four major laws:

1.  Law \# 92-72 dated August 6, 1992 on plant protection which sets out
    quarantine and phytosanitary requirements applying to unprocessed
    agricultural products of plant origin including seeds.

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1.  Law \# 99-24 dated March 9, 1999 on sanitary control of live animals
    and animal-origin food products.

2.  Law \# 92-117 dated December 7, 1992 on consumer protection: This
    law, meant for general public health and fraud prevention, has a
    very broad scope encompassing virtually all consumer goods including
    food items.

3.  Law \# 94-41 on foreign trade, which was primarily enacted to
    abolish the import-licensing regime to ensure compliance with WTO
    trade rules. Chapter II of this law provides for technical controls
    for several lists of imported goods including food items.

The above listed laws along with others laws having indirect
implications with regard to food legislation are implemented through a
set of food regulations referred to as decrees (executive orders signed
by the President of the Republic of Tunisia) or 'Arrêtés' (departmental
orders signed by a minister or jointly by several ministers).

# Section II -- Labeling Requirements

Departmental Order dated July 22, 1985 validating Tunisian standard NT
15-23 (1983) lays out labeling requirements regarding the so-called
pre-packaged foodstuffs: i.e. consumer-ready food items. It does not
apply to bulk and intermediate foods products intended to be further
processed.

## II-A General Requirements

Arabic shall be one of the languages to be used for product labeling.
The measuring system in use in Tunisia is the international metric
system and uses Arabic numerals as in western countries. In general,
labels on pre-packaged foods shall be applied in such manner that they
will not become separated from the container and should avoid any
misleading or confusing indications.

Instructions for use shall be included on the label in case their
omission will lead to improper handling by the consumer. The indication
'not for human consumption' shall be clearly visible on products
intended for feed use.

The following particulars are mandatory on the labeling:

-   The name of the food

-   Net content: to be indicated using the international metric system
    in units of volume in the case of liquids, units of mass in the case
    of other products. Food items packed in a liquid medium shall carry
    an indication of the net drained weight.

-   Full list of ingredients in descending order of predominance. If
    pork meat is one of the ingredients it should be conspicuously
    labeled

-   Country of origin

-   Name and address of the manufacturer, packager, importer, and/or
    distributor

-   Time limit for use or time limit for optimum use: for perishable
    food products the shelf life indication must bear the following
    indication: date limit for use dd/mm/yy. For goods having a shelf
    life of 3 months or more the mention of the month and the year is
    sufficient.

> For non-perishable goods a time limit for optimum use must be
> indicated using one of the following wordings: to be consumed
> preferably before.../ to be consumed preferably before end of.../ to
> be consumed preferably within a period of\...

-   Date of production (dd/mm/yy)

-   Lot identification: the production lot number must be indicated with
    the exception of preserved or semi-preserved fruits, vegetables, and
    seafood products

-   Storage instructions: indications such as 'keep in a cool place,
    protect from light or from dampness' must be indicated when
    necessary.

## II-B. Requirements Specific to Nutritional Labeling

According to Departmental Order dated July 22, 1985 validating Tunisian
standard NT 15-23 (1983) nutritional labeling of vitamins, minerals and
other nutrients is mandatory when a producer is making health or dietary
claims on the label. This provision applies to fortified products and to
food items intended for particular use (e.g. infant formula). Otherwise,
nutrition information is voluntary.

References to curative or preventive attributes with regard to human or
animal diseases are prohibited.

# 

# 

# 

# SECTION III -- Packaging And Container Requirements

Contact materials, i.e. packaging materials intended to come into
contact with foodstuffs, must meet Tunisian standards and bear a food
grade international logo (Decree \# 2003-1718 of August, 2003). This
requirement entails either clearly stating on the container a short
message such as \'\' material fit for food contact\" or featuring the
following logo.

![](media/image2.png){width="1.0618055555555554in"
height="1.1756944444444444in"}

# SECTION IV - Food Additives Regulations

Departmental Order dated Mai 20, 1998 relating to the validation of
Tunisian standard NT 117-01 (1995) governs the use of food additives.
The purpose of this Order is to give an exhaustive listing of authorized
additives (positive list), their conditions of use as well as their
respective identification E-numbers. This standard is largely based on
European regulations (directive 94/35/CE on sweeteners for use in
foodstuffs, directive 94/36/CE on colors for use in foodstuffs, and
directive 95/2/CE on food additives other than colors and sweeteners).

# SECTION V -- Pesticides and Other Contaminants

Maximum pesticide residues tolerated in food items are set in Tunisian
standard NT 117-03 enacted in 1983 and technically equivalent to the
Codex Alimentarius Standard #100-1981 (Codex CAC/RS 100-1978). Tunisian
regulations allow the government to set its own maximum residue level
(MRL), which could be different of the Codex one, and monitor
compliance, in case a particular threat to the consumer\'s health is
identified. However, as a WTO member, Tunisia has to abide by the SPS
and TBT agreements when setting its own standards.

In addition to pesticides, Tunisia also sets admissible maximum limits
for other contaminants in foodstuffs, such as metals, metalloids,
aflatoxines (B1, B2, G1, G2, M1, M2, ochratoxine and histamine). Maximum
limits are laid out in Tunisian standard NT 117-02.

# 

# SECTION VI: Other Regulations and Requirements

## 

## Technical controls

Under decree \# 94-1744 of 29 August 1994, three lists of imported
goods, as amended by a Commerce Departmental Order dated on Jan 7, 2004,
are subject to technical controls according to three distinct
modalities:

1.  List A featuring all goods submitted to a systematic control i.e. a
    conformity assessment with or without sampling for further
    laboratory testing to be undertaken at each shipment regardless of
    whether the product has or has not been already tested in the past.
    This list includes virtually all processed agricultural products,

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1.  List B includes products submitted to the so-called certification
    regime whereby customs clearance is granted for goods accompanied by
    a certificate issued by the country of origin and stating that those
    goods are in compliance with international standards. Agricultural
    products are not among products subject to the certification regime.

2.  List C featuring products submitted to a conformity assessment with
    the conditions defined by a GOT-sanctioned specifications book
    (Cahier des charges). Agricultural products submitted to 'cahier des
    charges' are, in their majority, bulk and intermediate agricultural
    products. Conditions set out in 'cahier des charges' very often go
    beyond sanitary and phytosanitary aspects and set out conditions
    about the importer's eligibility in terms of storage capacity,
    funding availability, production data disclosure, etc.

#### 

## Dioxin and Radio-contamination

A certificate indicating the amount of dioxin residue is required for
all imports of bulk and processed food items. A certificate of
non-contamination from radioactivity issued at the country of origin or
failing that delivered in Tunisia by the National Center for
Radioprotection after testing is also required.

#### 

## Biotech-derived products

Currently, the Tunisian food legislation does not provide for GMO
labeling. A bill of law dealing with biotech products has been drafted
and is still awaiting discussion and approval by the Parliament.

#### 

## Environmental labeling

Tunisia has an environmental labeling requirement that applies for
pre-packaged food items. So far this requirement is only enforced for
bottled water and soft drinks. Decree \# 97-1102 dated on June 2, 1997
mandates for a national system managed by the ANPE, the National Agency
for Environmental Protection, to collect and recycle used packaging. The
manufacturer or the importer has three options to comply with this
regulation:

-   Tacking back and recycling the used packaging

-   Entrusting the implementation of this obligation to an approved
    companies on a contractual basis

-   Enrolling in the state-owned recycling system, which gives the right
    to print the Eco-lef logo (see picture below) on the product's
    label.

![](media/image3.png){width="1.3319444444444444in"
height="1.073611111111111in"}

# Section VII - Other Specific Standards

## 

## 

## A. CEREALS

The Tunisian Office of Cereals (the Grain Board) still enjoys a monopoly
on the importation of durum wheat, soft wheat and barley. Physical,
chemical as well as phytosanitary requirements are laid down in a tender
document referred to as 'cahier des charges'. The latter stipulates that
in case wheat is originated in the United States, the required quality
is the one defined by the USDA/FGIS relevant standards for the grade
mentioned in contracting documents.

Import of corn has been liberalized since the mid-90s. Technical and
phytosanitary requirements are defined by an order jointly issued on
January 11, 1997 by ministers of Agriculture, Finance and Commerce.

## B. MILK PRODUCTS

Title V, Chapter III of Law \# 2005-95 dated October 18, 2005 sets legal
conditions relating to milk production, processing and marketing. Some
of the applicable standards are listed below:

-   TS 14-01 Milk definition

-   TS 14-02 Raw and natural milk

-   TS 14-28 Determination of milk density

-   TS 14-32 Determination of milk fat content

Most of the imported milk into Tunisia is semi-skimmed and UHT (Ultra
High Temperature).

## B-1. Dry milk

Import of dry or powdered milk, which is subject to a quotas allocation
system run by the Ministries of Agriculture and Commerce, shall be
undertaken according to specifications set in the so-called 'Cahier des
Charges'..

## C. Animal Feeds 

The ministers of Agriculture, Public Health and Commerce Orders dated
July 29, 1999 and September 12, 2001 lay down rules for feed production
and marketing. To import ingredients for compound feed production,
importers are required to maintain a register showing:

-   Name and quantities of imported ingredients

-   Name and address of supplier

-   Date of production of ingredients

-   Name and address of buyer

-   Quantities and numbers of lots of ingredients sold or in stock

-   Analysis certificates giving contents of noxious elements

In addition, the same decree defines:

-   Marketing and labeling regulations

-   And animal feeds quality controls

## D. Feed Additives

The list and conditions of production and marketing of additives used as
feed constituents are set by the Ministers of Public Health, Agriculture
and Commerce Orders dated January 4, 1996 and September 7, 2005.

Additives that may be included in compound feeds are:

-   Antibiotics

-   Substances with anti-oxygen effects

-   Coccidiostatics and medicinal substances

-   Colorants, including pigments

-   Emulsifying, stabilizing, thickening and jellying matters

-   Vitamins and provitamins

-   Oligo-elements

-   Conservation agents

-   Binding, coagulating and anti-lumping agents

-   Growth factors

-   Aromatic substances

-   Acid regulators

## E. Live Animals

Import of live animals into Tunisia is subject to a set of
specifications (cahier des charges) set jointly by the sanitary and the
zoo-technical divisions within the Tunisian Ministry of Agriculture.
Model health certificates have already been agreed upon with some cattle
exporters such as France and Canada. Establishing model health
certificates, including one with the U.S. has still to be done.
Specifications regarding BSE have been recently altered to allow cattle
imports even from countries having declared cases of BSE provided that
those countries have enacted mitigation measures including the existence
of an adequate surveillance program.

## F. Animal Semen

Import shall be made according to set of specifications (established
similarly to those governing the cattle trade) and in compliance with
the provisions of regulations relating to BSE (Order of the Minister of
Agriculture dated January 12, 2000) and other regulations applicable to
diseases legally described as infectious.

## G. Meat

Imports of bovine and sheep meat are governed by a set of specifications
(cahier des charges). Bovine meat must come from a BSE-free country or
from a country having a national mechanism to mitigate the BSE-related
risks. Slaughtering according to the Halal ritual is mandatory. Meat
from hormone-fed animals cannot be allowed into the country.

## H. Plant Products

Seeds and seedlings imports must comply with Decrees \# 2002-621 and \#
2004-2179 respectively dated March 19th, 2002 and September 14th, 2004.
Theses decrees set rules to import all seeds and seedlings. Apart from
the phytosanitary aspects, main provisions are the obligation for the
importer to apply for a license, to have a minimum storage capacity and
to keep records for its inventories. Seeds and seedlings covered by
theses decrees are: potato, citrus, strawberry, pulses, horticultural
seeds, forages, cereals and vines.

# Section VIII: Copyright And/Or Trademark Laws

Tunisia has a copyright law (law \# 94-36 dated February, 1994). This
law established the OTPDA (*Organisme Tunisien de Protection des Droits
d'Auteur*), the Tunisian institution for the protection of copyright,
and mandates it to investigate and punish copyright violations.

The law \# 2001-36 enacted on March 17, 2001 protects trademarks and
brand names. In order to be granted legal protection trademarks and
brand names have to be registered with the INNORPI (Institut National de
la Normalisation et de la Propriete Industrielle), the National
Institute for Standardization and Industrial Property. A trademark
registration is valid for 10 years and can be renewed indefinitely.
Registration with INNORPI is necessary to gain protection under the
Tunisian law.

Tunisia is a member of WIPO (World Intellectual Property Organization)
and has signed most WIPO conventions.

# Section IX -- Import Procedures

In addition to phytosanitary and sanitary certificates, the majority of
consumer-oriented food products are subject to a technical quality
control prior to customs clearance mandated by decree \# 94-1744 dated
August 1994. Importers must apply for a document called "Autorisation de
Mise à la Consommation (AMC)". In order to expedite customs clearance,
the importer is entitled to a temporary document called "Autorisation
Provisoire d'Enlevement (APE)", pending dossier instruction but must
refrain from distributing or further processing the imported good until
the AMC is delivered by the Ministry of Commerce, Directorate of Quality
and Consumer Protection. In order to clear customs, an application form
has to be submitted along with the following documents:

1.  Commercial invoice: Since October 2006, customs clearance requires
    domiciliation of the commercial invoice with an approved financial
    intermediary (i.e. commercial bank). Prior to October 2006, an
    import certificate, issued automatically for the goods under the
    free foreign trade regime, and domiciliated with a commercial bank
    responsible of implementing transaction-related financial
    obligations, was needed. This requirement was removed by decree \#
    2006-2619 dated October 2, 2006 in move to reduce documentation and
    further facilitate foreign trade transactions.

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1.  Packing list

2.  Bill of lading

3.  Technical notice describing the product

4.  Other document (s) at the discretion of the Authorities

In addition to the above-mentioned documents specific certificates are
required for dioxin residues and for radioactivity contamination.

It is worth noting that in order to clear customs pre-packaged food
items shall have at least 50 percent remaining of their shelf life
period to be admitted into the country.

# Appendix I: Government Regulatory Agency Contacts

**Directorate General for Veterinary services (DGSV)**

Ministry of Agriculture, Environment and Hydraulic Resources

Address: 30, rue Alain Savary, 1002, Tunis, Tunisia

Phone: 216 71 786 833 E-mail: <mag@ministeres.tn>

**Directorate General for Agricultural Production (DGPA)**

Ministry of Agriculture, Environment and Hydraulic Resources

Address: 30, rue Alain Savary, 1002, Tunis, Tunisia

Phone: 216 71 786 833 E-mail: <mag@ministeres.tn>

**Directorate General for Crop Protection and Quality of Agricultural
Products (DGPCQPA)**

Ministry of Agriculture, Environment and Hydraulic Resources

Address: 30, rue Alain Savary, 1002, Tunis, Tunisia

Phone: 216 71 786 833 E-mail: <mag@ministeres.tn>

**Directorate of Quality and Consumer Protection (DQPC)**

Ministry of Commerce

Address: 37, av. Keireddine Pacha, 1002 Tunis\
Phone : (216) 71 890-070 / 890 337 E-Mail : <mcmr@ministeres.tn>

**Institut National de Normalisation et de Propriété Industrielle
(Innorpi)**

Standards setting and intellectual property enforcement authority

BP 23 - 1012 Tunis Belvédère

Phone: 216 71 785 922 Fax: 216 71 781 563 E-mail: inorpi@email.ati.tn

**Institut National des Statistiques (INS)**

Trade and demographic statistics

Phone: 21671891002 Fax (216) 71792559 E-mail: <INS@mdci.gov.tn>
[http://www.ins.nat.tn](http://www.ins.nat.tn/)

**US Embassy/ USDA-Foreign Agricultural Service Contacts**

**Hassan F. Ahmed**, Regional Agricultural Attaché (based in Rabat,
Morocco)

Phone : 212 3 776 5987 Fax : 21237765493 E-mail: <AgTunis@usda.gov> /
<Agrabat@usda.gov>