Required Report - public distribution

**Date:** 7/23/2004

**GAIN Report Number:** AR4036

AR4036

**Argentina**

**Food and Agricultural Import Regulations and Standards**

**Annual**

**2004**

**Approved by:**

![](media/image1.wmf)Kari Rojas

U.S. Embassy

**Prepared by:**

Francisco Pirovano

**Report Highlights:**

This report provides information on regulations and standards for
importing U.S. food and beverages into Argentina. In general, Argentina
is an import-friendly country with regulations which are consistently
applied, and with which most export-ready suppliers find it easy to
comply.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Buenos Aires \[AR1\]

\[AR\]

Table of Contents

[Section I. Food Laws 4](#section-i.-food-laws)

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

[**A. General Requirements: 4**](#a.-general-requirements)

[**B. Requirements specific to nutritional labeling:
5**](#b.-requirements-specific-to-nutritional-labeling)

[Section III. Packaging and Container Regulations
6](#section-iii.-packaging-and-container-regulations)

[Section IV. Food additive Regulations
6](#section-iv.-food-additive-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)

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

[Section VIII. Copyright and / or Trademark Laws
7](#section-viii.-copyright-and-or-trademark-laws)

[Section IX. Import Procedures 7](#section-ix.-import-procedures)

[Appendix 1. Government Regulatory Agency Contacts
12](#appendix-1.-government-regulatory-agency-contacts)

[Appendix 2. Others Imports Specialist Contacts
12](#appendix-2.-others-imports-specialist-contacts)

**ARGENTINA: FOOD AND AGRICULTURAL**

**IMPORT REGULATIONS AND STANDARDS (FAIRS)**

**This report was prepared by the Office of Agricultural Affairs of the
USDA/Foreign Agricultural Service in Buenos Aires, Argentina, for U.S.
exporters of domestic food and agricultural products. While every
possible care has been 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 these policies was not available. It is
highly recommended that U.S. 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

The Argentine Food Code (*Código Alimentario Argentino - CAA*) regulates
local food production and marketing. However, the CAA resolutions are
being gradually replaced by Mercosur standards, which are based on the
norms of : 1) the European Union; 2) the CODEX; and 3) the FDA.

There are three official entities that regulate sanitary, quality,
stability, packaging, and transportation controls on food products in
Argentina. They are as follows:

(\*) A. The National Health and Agricultural Food Quality Service
(*Servicio Nacional de Sanidad y Calidad Agroalimentaria - **SENASA***)
handles fresh, chilled, or frozen products and by-products of animal,
plant and seafood origin. It also handles canned products of over 60%
animal origin and food preparations of over 80% animal origin.

(\*) B. The National Food Institute (*Instituto Nacional de Alimentos -
**INAL***), regulates processed food products which are prepared for
direct human consumption, health supplements, and both alcoholic and
non-alcoholic beverages, with the exception of wine.

C. The National Wine Institute (*Instituto Nacional de Vitivinicultura -
**INV***) exercises control over the genuineness of wine and wine
products during their production, manufacturing, fractioning, and
marketing stages.

(\*) These two organizations have overlapping responsibilities. FAS
recommends exporters rely on their importers to get their products
registered with the appropriate organization.

For processed foods and beverages (except wine), Decree 1812 of
September, 1992, established the following:

> \"\... in the case of imported processed foods, the CAA requirements
> are considered satisfied when the products come from the following
> countries/regions: U.S.A, E.U., New Zealand, Switzerland, Japan, etc.
> In all of these cases, the food products should
>
> have been manufactured under the same controls as those products
> destined for human consumption in the domestic market of the country
> of origin.\"

Article 8 of Decree 1812 states the following:

> \"\...when there are reasons to presume risks for human, animal or
> plant health because of the introduction of food products to the
> country, the three above-mentioned entities (SENASA, INAL, and INV)
> reserve the right to perform an inspection of the facility previous to
> the product's entry into Argentina.\" (Note: Please see Section IX.
> Import Procedures - Paragraph 2)

# Section II. Labeling Requirements

## A. General Requirements:

[Products imported through SENASA (fresh, chilled, or frozen products
and by-products of animal, plant and seafood origin)]{.underline}: A
label must be affixed to the imported product's packaging. It must
include the following information in Spanish:

-   importer's information

-   country of origin

-   establishment of origin

-   ingredient declaration

-   temperature range for maintenance requirements

-   minimum durability

[Products imported through INAL (processed foods, and alcoholic and
non-alcoholic beverages, except wine)]{.underline}: Imported processed
foods from the United States can come in their original package. There
is no need to translate the labels. The only special requirement is a
sticker label affixed to the retail package (no matter the size/volume)
containing the following data in Spanish:

-   name and brand of the product

-   country of origin

-   composition: ingredients and additives in decreasing order of weight

-   net weight or measure

-   lot number

-   expiration date

-   exporter's name and address

-   importer's name and address

-   importer's RNE (National Register of Establishment)

-   RNPA (National Register of Food Product)

-   storage, preparation and usage instructions when needed

[Products imported through INV (wine]{.underline}): A sticker label
should be affixed to each imported bottle of wine, containing the
following information in Spanish:

-   analysis number

-   lot number

-   importer's name and address

-   country of origin

-   name and brand of the product

-   warning

[Organic Products]{.underline}

Imported products labeled as \"organic\" must come from a country whose
organic standards have been evaluated by SENASA and found to be
equivalent to the Argentine regulations on organic production. They must
also be certified by any of the Argentine certifying agencies approved
by SENASA prior to export. Efforts to achieve Argentine recognition of
U.S. organic standards were initiated in August 2001; however, to date
no approval has been granted.

[Biotech Products]{.underline}

There are no labeling requirements for biotech foods in Argentina.
Despite the increasing demand for biotech food labeling by international
consumer and environmental groups, Argentina does not have a national
regulatory system for biotech foods, and none is likely in the near
term. Most Argentine legislators believe that the nation's best interest
is not served by mandatory labeling legislation.

## B. Requirements specific to nutritional labeling:

The standard U.S. nutritional fact panel is acceptable but not yet
required in Argentina for imported food products. For domestic products,
nutritional labeling is voluntary. Note: nutritional labeling can be an
effective marketing tool.

At the present time, no nutrient content claims (i.e. low in saturated
fat ), absolute descriptors (i.e. high-fiber or low fat), or relative
descriptors (i.e. \"reduced\" sugar or \"light\" in sodium) are
required, approved, or prohibited by the GOA. However, they are being
reviewed under the Mercosur standards. Thus, these claims are analyzed
on a case-by-case basis.

# Section III. Packaging and Container Regulations

Argentina does not officially have any special packaging or container
size requirements or preferences. It is a marketing issue where the
consumer determines what type of package/container he/she prefers.

In addition, there are no official Municipal Waste Disposal Laws or
product recycling regulations which affect imported products.

# Section IV. Food additive Regulations

Argentina uses a positive list of food additives. Article 2 of Decree
2092 of October, 1991, states the following:

> \"\... all foods, condiments, beverages, or their raw material and
> food additives which are manufactured, fractioned, preserved,
> transported, sold, or exposed, must comply with the CAA (Argentine
> Food Code) requirements. When one of those is imported, the CAA
> requirements will be applied. The GOA also considers products from
> countries which have food controls comparable to those of Argentina,
> or when they use the *Codex Alimentarius (FAO/OMS)* standards, to be
> in compliance with Argentine standards.\"

All additives used must be included in the Mercosur positive list of
food additives. If the additive in question does not appear on that
list, its registration can be requested to INAL. This list varies by
product and can be obtained from an importer.

# Section V. Pesticides and other Contaminants

Pesticide tolerances are regulated by the CAA, which is based on the
*Codex Alimentarius* (FAO/OMS).

# Section VI. Other Regulations and Requirements

Before the product is shipped, it must undergo a \"pre-shipment
inspection\" in the country of

origin, carried out by an international certification company appointed
by the GOA. This company's objective is to compare the merchandise
shipped with the price paid for it in order to avoid under-billing.
These companies have offices in all major U.S. ports. *(Note: This
procedure only applies to the agricultural and food products included in
the following HTS Chapters: 1, 2, 5, 7, 12, 13, 14, and 23).*

Health supplements, which contain certain ingredients, should have a
\"warning\" sign and specific language determined on a case-by-case
basis. INAL regulates this requirement according to the CAA. U.S. bar
codes can remain on the package, and most retailers make use of them.

# Section VII. Other Specific Standards

Product samples with no commercial value (under US\$100) do not pay
import duties. Regular mail should be used. Post recommends exporters
coordinate with their importers/agents on this matter.

# Section VIII. Copyright and / or Trademark Laws

Argentina has not adhered to the Geneva Pact. Therefore, brands and
trademarks have to be registered in Argentina to ensure brand propriety.
Post recommends any U.S. company that is expecting to launch products in
the Argentine market to register them. The cost is approximately US\$300
per brand. There are many Argentine firms that offer registration
service. Please contact [agbuenosaires@fas.usda.gov]{.underline} for a
list.

# Section IX. Import Procedures

[Products imported through SENASA (fresh, chilled, or frozen products
and by-products of animal, and seafood origin)]{.underline}: (SENASA
Resolution No. 816/02) An import permit is required to import products
and by-products of animal origin into Argentina. The permit is obtained
from SENASA and should be requested by an importer who has already been
registered at SENASA and that has registered the facility intending to
export to Argentina.

The application for the permit must state the following:

-   type of product

-   country of origin

-   name of meat establishment

-   official meat establishment number

-   address of meat establishment

-   essay describing the manufacturing process. The human/animal health
    authority of the country of origin must endorse it through an
    official signature in every page. An officially authorized public
    translator must translate all the documentation into Spanish in
    Argentina. An alternative to the latter may be that to send all
    documentation in English, and then the importer has it translated
    here and then she/he sends everything back to the U.S. for the
    health authority signature. The following information must be
    included:

a)  Denomination and brands. It must include a brief description of the
    product.

b)  Manufacturer information:

    1.  Registration number before the human or animal health authority.

c)  Manufacturing process including time, sterilization temperature and
    the F0. Also refer to the sterilization control methods (thermal
    incubation test: from a lot a random sample is taken, which is put
    in a oven for not less than five days at 37° C).

d)  Ingredients expressed in percentage in decrease order. If additives
    have been added please describe their function in the product.

e)  Materials and type of packaging declaring that they are fit for
    being in contact with food. State if they comply with some specific
    standard from FDA, EU, etc.).

    1.  Cans seal/lock (parameters).

f)  Packaging certificate if the Argentine regulations establish so
    (original in English and a copy in Spanish translated by a public
    translator and certified by the health authority of the country of
    origin).

g)  All possible weights to be sale.

h)  Expiration, it can be stated months or years 12 months or one year.

i)  Specifications about the final product (Physical, Chemical and
    Microbiological properties).

j)  How the lot No and Expiration date have been identified (to be
    consumed before x date).

k)  Storage and transportation conditions.

-   Flow-sheet indicating critical control points (included in the HACCP
    plan).

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-   If the company has some kind of certification such as ISO or
    similar, it must be included in the label. A copy of the certificate
    endorsed by the Health Authority must be attached).

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-   essay on the packaging type listing the materials that will be used.
    In addition, the packaging must be approved by the appropriate
    official authority of the country of origin. The certificate should
    state that the packaging is approved to be in contact with edible
    products (this primarily applies to canned products)

-   two copies of the original product label to be imported

This permit includes the importer's and product's registration numbers.
After the permit is granted and within five (5) days prior to product's
arrival at the Argentine port of entry, the importer must advise SENASA
of the shipment's arrival. During the following fifteen (15) days the
importation should be completed. Only with a strong justification can
this time period be extended.

U.S. products and by-products of animal origin can only be imported from
U.S. plants approved by the United States Department of Agriculture and
the Food and Drug Administration, and must be accompanied by an official
health certificate. While SENASA accepts product from any
FSIS/FDA-approved facility, it reserves the right to prior inspection
and approval of the establishments of origin by SENASA, when deemed
necessary.

All U.S. meat plants exporting products and by-products of animal origin
to Argentina are being audited by SENASA. This new mandatory requirement
has not become an official regulation yet but it is included in SENASA
Resolution No. 816/02, which implementation is currently being
negotiated with the United States and should be implemented shortly.

On January 22, 2002, SENASA Resolution No. 117 was put in force. This
regulation defines the methodology to be followed for risk assessment of
importation of live animals, their reproductive material, and products
and by-products of animal origin in relation to Bovine Spongiform
Encephalopathy (BSE) occurrence.

Before the BSE case in Washington state on December 23, 2003, the U.S.
product most affected by this resolution was sweetbreads, which were
prohibited entry into Argentina in January 2002. After the BSE case of
December 23, 2003, all imports of live animal, bovine reproductive
material (animal genetics), and products and by-products of ruminant
origin, including dairy products, were temporarily suspended. USDA and
SENASA are working jointly to resolve this issue. In March 2004, dairy
products were allowed to enter the country provided that a health
certificate agreed between APHIS and SENASA accompanies the shipment.

*Processed meat products*: The same data applies to processed products
such as ham, sausages, canned products, etc. In this case, a full
description of the product's composition in Spanish is required (i.e.
percentage of each of its major ingredients, approved by the official
sanitary service).

*Fresh, chilled and frozen pork and lamb meat*: A protocol - which would
allow U.S. fresh, chilled and frozen pork imports into Argentina - was
finalized in mid 2001 but never endorsed by SENASA therefore, pork is
still not allowed to enter Argentina. Lamb meat from the United States
is prohibited entry to Argentina due to Scrapie disease. Raw poultry
products have been banned for the last three years due to two different
causes: Avian Influenza and Exotic Newcastle Disease. Processed poultry
products are also banned since SENASA has not agreed on a health
certificate that would serve for these kind of products.

[Products imported through SENASA (products of plant
origin)]{.underline}: In order to obtain a USDA Phytosanitary
Certificate required for all plant products entering into Argentina
(which should be signed by an Animal and Plant Health Inspection
Service/APHIS *official* inspector, not by an APHIS *state* inspector),
the exporter will need to submit an import certificate (AFIDI) to APHIS.
This AFIDI can only be obtained from SENASA by the importer in
Argentina. The AFIDI will explain in detail all the necessary
requirements needed before the product can be exported. Upon arrival in
Argentina, SENASA will hold the product at the port of entry for
inspection and to verify that it meets all the requirements stated in
the AFIDI. SENASA will then issue an import certificate for Customs to
release the product.

The AFIDI must state the following:

-   Name of product

-   Destination

-   Origin

-   Health Certificate including additional declarations (for specific
    information on this certificate, please contact the APHIS Office in
    Buenos Aires, Juramento 2089, 1428

> Buenos Aires, Argentina, phone: 54-11-4788-3346; fax: 4788-0593;
> e-mail: mariadelpilarbilotte@aphis.usda.gov).

Also with plant materials according to resolution 816/02, SENASA only
accepts product from APHIS-approved facilities, and it reserves the
right to prior inspection and approval of the establishments of origin
by a SENASA official, when deemed necessary.

[Products imported through INAL (Processed foods, and alcoholic and
non-alcoholic beverages, except wine)]{.underline}: Product and importer
registration is required prior to importing a product into Argentina.
The product must be registered by an importer who has already undergone
his own registration process at INAL. If the product shows no problems,
its registration should be ready in less than thirty (30) days. The
requirements to register imported processed foods are listed below:

A. A new importer must apply only once for an **RNE** (National Register
of Establishment). The requirements are as follows:

-   letter addressed to the Minister of Public Health

-   registration form

-   Customs' registration form

-   DGI's (Tax Direction) registration form

-   Municipal authorization for the warehouse (cold chambers, for frozen
    products)

-   approval of the company's partnership

-   payment of fee

B. In order to register the product, the importer with his **RNE** must
apply for a **RNPA** (National Register of Food Product). The
requirements are the following:

-   letter addressed to the Minister of Public Health announcing
    intention to register. A certificate (free sale and fit for human
    consumption) drafted by the manufacturer and signed by the health
    authority or commercial chamber (not a public notary). It must state
    that the product is fit for human consumption (if an additive: fit
    for industrial use) and has been authorized for free sale in the
    country of origin. It must describe all the products and their
    brands intended to register.

-   application form.

-   essay on the product's manufacturing process and technique, raw
    materials used, and packaging type. Data Sheet:

    a.  Flow-sheet (general manufacturing process diagram), including:
        shelf life, product specifications, shipping and storage
        requirements, packaging (type and capacity).

    b.  Ingredients: name and percentage.

    c.  Additives: name, function and percentage.

    d.  Quality Controls carried out by the manufacturer.

    e.  Consumer information, when applicable, e.i. when minerals and
        vitamins have been added. Nutrition Facts.

    f.  Net Weight and Dry Net Weight.

    g.  Original and three copies of the label/ Art Work (in all weights
        and kinds).

-   complementary label with the data stated under \"Section II.
    Labeling Requirements\"; and

-   payment of fee

C. Once the **RNPA** has been issued and the product is in the port, the
importer needs to obtain a Certificate of Free Circulation (*Certificado
de* *Libre Circulación*) at INAL. The requirements are listed below:

-   letter requesting a Certificate of Free Circulation for the
    product/s

-   shipment information

-   copy of the invoice

-   bill of lading

-   copy of the **RNE**

-   copy of the **RNPA**

-   manufacturing date and shelf-life

-   Certificate of Fit for Human Consumption, issued by the sanitary
    authority of the country (or state) of origin

-   Certificate of Aging (for alcoholic beverages, except for wine)

Once the importer has an RNPA, he does not need to apply for a new one
every time he imports the product. However, he must request a
Certificate of Free Circulation for each shipment.

In the case of [health supplements]{.underline}, items (A), (B), and (C)
mentioned above also apply with slight differences. Instead of the RNE,
importing establishments need to obtain from INAL an RNESD (National
Register of Establishment of Health Supplements). And instead of the
RNPA, an RNSD (National Register of Health Supplements) is needed. The
requirements are as follows:

-   request register authorization to INAL

-   each presentation must be signed by the owner of the product, the
    local legal representative, and the local establishment's technical
    director

-   Certificate of Free Sale from the country of origin, issued by the
    national or state sanitary authority, and visaed by the Argentine
    Consulate.

-   product's analysis for verification that it complies with the CAA
    standards

-   the Argentine importer must have a technical director who will be
    responsible for: the genuine origin of the product, the document's
    legitimacy, the shelf-life of the product, the quality control of
    the shipment, the correct labeling, and the appropriate \"warning\"
    literature on each package or promotional material, when required

[Products imported through INV (wine]{.underline}):

Registering as a Wine Importer / Certificado de Inscripción como
Productor de Productos Vitivinícolas (SCD. RM. 12 form)

Any person wishing to import wine in Argentina must obtain a
registration number at the National Wine Institute --NWI, (Instituto
Nacional de Vitivinicultura). Then, this registration number will be
requested at every step of the import process. The paperwork must be
carried out at the offices of the NWI. The registration number is
received in 24 hours and is free of charge. The applicant must submit a
SCD.RM.12 form with an attached copy of the registration ticket issued
by the National Tax Office (Administración Nacional de Ingresos
Públicos-AFIP), which must be signed and stamped by the applicant. Then
the NWI will issue and submit to the applicant a certificate with the
registration number.

[One time Import Permit / Guía Unica de Importación (1985 O. y M.
form)]{.underline}

The importer must submit the form 1815-O. y M. in triplicate with the
in-origin analysis certificates issued by an official or officially
approved laboratory as attachments. This is a sworn declaration
submitted by the importer that informs the NWI about the product to be
imported. Through this document, the importer requests the NWI to take
samples of the wine/must in order to test the product according to the
Argentine regulations. This document is needed to transport the wine
from the customs warehouse to the importer's storage facility where
staff from the NWI will take the samples.

The permit indicates the following: name, registration number with the
NWI, and Address of the importer; name and address of the storage
facility; country of origin; port of entry; date of arrival; amount and
kind of product; harvest year; variety; amount and kind of container
(i.e. bottle); total volume in liters; number of analysis in origin; CIF
value; identification key; place and date of submission, signatures and
stamps from the applicant and the officer form the NWI. This permit must
be submitted at least 48 hours before the declared date.

The import permit costs US\$33.00 and the test costs US\$5.00. The
importer must also pay the free sale permit analyses, which price may
vary with the volume to be imported. The Import permit is issued the
same day that the importer submits it and the NWI does not exceed the 7
days since when the samples are taken to deliver the free sale analyses.
The importer keeps two of the three copies, which will be part of the
custom's documentation. Once the customs office has approved the import,
the applicant must submit a signed copy to the NWI together with an
OM-1993 SIM form.

The wine to be imported must be identical to the one produced in
Argentina, and must comply with the Wine Law No 14878 and its
regulations.

**Labeling Requirements**

Imported wines may carry the label of the country of origin. However, an
additional label with the following statements must be added to the
bottle.

-   Wine color (red, white, rose)

-   For sparkling wines sugar content must be specified as follows:

-   Nature (up to 3 grams of sugar per liter)

-   Extra Brut (between 3 and 8 grams per liter)

-   Brut (between 8 and 20 grams per liter)

-   Sec (between 15 and 20 grams per liter)

-   Demi-Sec (between 20 and 60 grams per liter)

-   Sweet (more than 60 grams per liter)

-   Country of origin

-   Name and address of the importer

-   Importer registration number at the NWI.

-   Container (i.e. bottle) capacity expressed in centiliters,
    milliliters or cubic centimeters.

-   Alcoholic content expressed in percentage of the volume.

-   Number of the analysis of free sale. This may be requested in
    advance in order to allow the printing out in origin.

-   The following health statement must be printed on the label: \"drink
    with moderation\"(Beber con moderación) \"Sale prohibited to minors
    under 18 years old\"(Prohibida su venta a menores de 18 años).

# Appendix 1. Government Regulatory Agency Contacts

Servicio Nacional de Sanidad y Calidad Agroalimentaria (SENASA)

Dirección de Trafico Internacional

Avda. Paseo Colón 367, piso 5

1063 Buenos Aires, Argentina

Tel: (54-11) 4331-6041/49 (ext. 1036)

Fax: (54-11) 4343-5668

EML: <rcastell@senasa.gov.ar>

[www.senasa.gov.ar](http://www.senasa.gov.ar/)

Instituto Nacional de Alimentos (INAL)

Estados Unidos 25

1101 Buenos Aires, Argentina

Tel: (54-11) 4342-5674; 4340-0800 (ext. 3538)

Fax: (54-11) 4331-6418

The National Wine Institute -- Instituto Nacional de Vitivinicultura

Headquarters

Av. San Martín 430 (5500) Mendoza, Argentina

Tel.: +54 261 521 6672/73

Eml.: <comext@inv.gov.ar> and <export@inv.gov.ar>

[www.inv.gov.ar](http://www.inv.gov.ar/)

# Appendix 2. Others Imports Specialist Contacts

Argentina has only one official laboratory for products of animal
origin, which is owned by SENASA. However, there are several other
laboratories approved by SENASA and the Food Safety Inspection Service
(FSIS), U.S. Department of Agriculture. List of approved laboratories
may be obtained through the FAS Buenos Aires office, as follows:

####### Office of Agricultural Affairs

U.S. Embassy, Buenos Aires

Avda. Colombia 4300, C1425GMN Buenos Aires, Argentina

Phone: 54-11-5777-4644, Fax: 54-11-5777-4216

E-mail: [agbuenosaires@fas.usda.gov]{.underline}

Homepage: http://www.fas.usda.gov

##