Required Report - public distribution

**Date:** 05/04/2006

**GAIN Report Number:** NO6003

NO6001

**Norway**

**Food and Agricultural Import Regulations and Standards**

**Annual**

**2006**

**Approved by:**

Margaret E. Thursland

![](media/image1.wmf)Agricultural Counselor

U.S. Embassy Stockholm

**Prepared by:**

FAS Stockholm

**Report Highlights:**

This report outlines the requirements for food and agricultural imports
into Norway. The report aims to assist U.S. exporters by providing
information on labeling, packaging, permitted ingredients and other
relevant information. It also provides points of contact for Norwegian
government authorities.

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Stockholm \[SW1\]

\[NO\]

[SECTION I. FOOD LAWS 4](#section-i.-food-laws)

[SECTION II. LABELING REQUIREMENTS
5](#section-ii.-labeling-requirements)

[A. General Labeling Requirements 5](#a.-general-labeling-requirements)

[Coverage 5](#coverage)

[How, when and where to label? 6](#how-when-and-where-to-label)

[Institutional packed and sample sized products
6](#institutional-packed-and-sample-sized-products)

[Easily visible -- Same field of vision
6](#easily-visible-same-field-of-vision)

[Exemption for "Small Packages" 7](#exemption-for-small-packages)

[B. Specific Mandatory Labeling Requirements
7](#b.-specific-mandatory-labeling-requirements)

[C. Illustrations 10](#c.-illustrations)

[D. Stick-on Labels 10](#d.-stick-on-labels)

[E. Identification of Lots 11](#e.-identification-of-lots)

[F. Traceability 11](#f.-traceability)

[G. Specific Requirements for Nutritional Labeling
11](#g.-specific-requirements-for-nutritional-labeling)

[H. Health Claims 11](#h.-health-claims)

[I. Requirements Specific to Organic Labeling
13](#i.-requirements-specific-to-organic-labeling)

[J. Enforcement 13](#j.-enforcement)

[SECTION III. PACKAGING AND CONTAINER REGULATIONS
14](#section-iii.-packaging-and-container-regulations)

[A. Materials in Contact with Food
14](#a.-materials-in-contact-with-food)

[B. The Norwegian Recovery System 14](#b.-the-norwegian-recovery-system)

[C. Mandatory Norwegian Recycling Requirements for Non-Alcoholic
Beverages
15](#c.-mandatory-norwegian-recycling-requirements-for-non-alcoholic-beverages)

[SECTION IV. FOOD ADDITIVE REGULATIONS
15](#section-iv.-food-additive-regulations)

[A. Additives 15](#a.-additives)

[B. Supplements, Vitamins and Minerals
16](#b.-supplements-vitamins-and-minerals)

[SECTION V. PESTICIDE AND OTHER CONTAMINANTS
16](#section-v.-pesticide-and-other-contaminants)

[A. Pesticides 16](#a.-pesticides)

[B. Other Contaminants 16](#b.-other-contaminants)

[SECTION VI. OTHER REGULATIONS AND REQUIREMENTS
17](#section-vi.-other-regulations-and-requirements)

[A. Advance approval of foods 17](#a.-advance-approval-of-foods)

[B. Alcoholic Products Require an Import Permit and Registration
17](#b.-alcoholic-products-require-an-import-permit-and-registration)

[C. Specific Health Requirements for the Import of Certain Agricultural
Products
17](#c.-specific-health-requirements-for-the-import-of-certain-agricultural-products)

[D. Testing and Certification of Birdseed is Mandatory
18](#d.-testing-and-certification-of-birdseed-is-mandatory)

[SECTION VII. OTHER SPECIFIC STANDARDS
19](#section-vii.-other-specific-standards)

[A. Standards for Fruit Juice 19](#a.-standards-for-fruit-juice)

[B. Consumer Packaging or Municipal Waste Disposal
19](#b.-consumer-packaging-or-municipal-waste-disposal)

[C. Vitamin Enrichment Requirements
19](#c.-vitamin-enrichment-requirements)

[D. Novel Foods and GMOs (Genetically Modified Organisms)
19](#d.-novel-foods-and-gmos-genetically-modified-organisms)

[E. Dietetic or Special Use Foods 20](#e.-dietetic-or-special-use-foods)

[F. Food Sanitation Laws/Guidelines
20](#f.-food-sanitation-lawsguidelines)

[Organic Product Imports are Subject to Advance Notice!
21](#organic-product-imports-are-subject-to-advance-notice)

[G. Additional Levy for Non-Alcoholic Beverages
22](#g.-additional-levy-for-non-alcoholic-beverages)

[SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS
22](#section-viii.-copyright-andor-trademark-laws)

[A. What is a Trademark? 22](#a.-what-is-a-trademark)

[B. Conditions for Obtaining Norwegian Trademark Protection
22](#b.-conditions-for-obtaining-norwegian-trademark-protection)

[C. Examples of Allowed Trademarks
23](#c.-examples-of-allowed-trademarks)

[D. International Recognition 23](#d.-international-recognition)

[E. How and Where to Apply? 23](#e.-how-and-where-to-apply)

[F. What Does It Cost to Apply for Trademark Registration under the
Madrid Protocol?
24](#f.-what-does-it-cost-to-apply-for-trademark-registration-under-the-madrid-protocol)

[G. When Does a Trademark Registration Cease To Be Valid?
24](#g.-when-does-a-trademark-registration-cease-to-be-valid)

[H. More Information on the Protection of Trademarks
24](#h.-more-information-on-the-protection-of-trademarks)

[SECTION IX IMPORT PROCEDURES 24](#section-ix-import-procedures)

[A. Registration Procedures 24](#a.-registration-procedures)

[B. VAT Registration is Mandatory 24](#b.-vat-registration-is-mandatory)

[C. General Requirements on Trade Documents
25](#c.-general-requirements-on-trade-documents)

[D. CVED (Common Veterinary Entry Document)
25](#d.-cved-common-veterinary-entry-document)

[E. Other Specific Health Related Requirements for Agricultural Imports
25](#e.-other-specific-health-related-requirements-for-agricultural-imports)

[F. Information on Tariff Rates and Related Levies
25](#f.-information-on-tariff-rates-and-related-levies)

[G. Customs Clearance Procedures in Norway
26](#g.-customs-clearance-procedures-in-norway)

[H. General Information on Customs Clearance -- CLASSIFICATION CODE IS
ALWAYS THE KEY!
27](#h.-general-information-on-customs-clearance-classification-code-is-always-the-key)

[I. Customs Clearance: Division of Burden Between the Importer and
Exporter
27](#i.-customs-clearance-division-of-burden-between-the-importer-and-exporter)

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

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

**\"This report was prepared by the Office of Agricultural Affairs of
the USDA/Foreign Agricultural Service in Stockholm, Sweden for U.S.
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 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

According to Statistics Norway, the total foodstuff market in Norway was
estimated at approximately 25 billion USD in 2004.

Being a member of the European Economic Area (EEA), Norway applies
relevant EU-legislation on food standards. The bulk of the Norwegian
food legislation on food safety, labeling and traceability is basically
subject to standardized EU rules, which have been incorporated into
Norwegian legislation through the EEA cooperation. When Norway became a
member of the EEA in 1994, Norwegian food standards were already, to a
large extent, harmonized with EU food legislation. Norway has not,
however, harmonized its tariffs for foodstuffs with the EU. Norwegian
tariffs for commodities that are grown and/or produced domestically are
significantly higher compared to EU tariffs. In general, Norway applies
European Union (EU) food legislation similarly to its neighbor Sweden.

In certain cases, there is room for national interpretation of the EU\'s
harmonized food standards. In the case of Norway, a high degree of
precautionary measures and stringent control of imports as well as
domestically produced foodstuffs are applied, primarily due to public
health concerns. Under the umbrella of public health precaution, Norway
applies more restrictive legislation with regard to Genetically Modified
Organisms (GMOs) and health claims than Sweden and the EU.

In its EEA accession, Norway succeeded in receiving a derogation
allowing Norway, as well as Sweden and Finland, to apply stricter
salmonella control and stricter border controls (a quarantine on imports
of live animals) than that of EU member countries. Norway has been free
from the modern day outbreaks of salmonella and mad cow disease
afflicting neighboring countries. This is due to a combination of the
sea barrier separating Norway from the continent, border control and an
extensive and far-reaching control system. In this context, it should
also be noted that the very high level of tariff protection for meat
products has in practice meant that Norway has never been a significant
meat importer.

In order to build a more effective food safety system the Norwegian food
safety administration was recently thoroughly reformed. The merger of a
wide range of disparate authorities (the Norwegian Animal Health
Authority, the Norwegian Agricultural Inspection Service, the Norwegian
Food Control Authority, the Directorate of Fisheries' seafood
inspectorate, and local government food control authorities) led to the
establishment of the Norwegian Food Safety Authority -- Mattilsynet.
Mattilsynet was established on 1 January 2004. Prior to this major legal
and institutional reform, Norway applied a decentralized system where
counties and municipalities had been given the authority to carry out
food inspection with some overall guidance from the central authority.
The new Norwegian administrative approach on food standards could in
brief be described as the "One Act -- One Authority Only" approach.

The new Food Law "Matloven" -- Act of December 19, 2003, No. 124
relating to "food production and food safety" - entered into force on
January 1, 2004. Unlike the previous legislative approach it consists of
one Act only, de facto merging 13 former Acts in the fields of food
safety, plant health and animal health.

The new Food Safety Authority is operatively responsible along the whole
food chain and for related topics such as animal health, animal welfare
and plant health not related to the food chain. In addition to the main
office in Oslo, the authority is geographically distributed throughout
the country with 8 regional offices and 64 district offices. The new
food law authorizes the Food Safety Authority to:

\- require action

\- act on behalf of the operator

\- impose fines

\- close business until action is taken

\- close business up to 6 months

\- actively inform the public

In addition, the Norwegian courts may impose penalties.

# SECTION II. LABELING REQUIREMENTS

(Norwegian and EEA legislation)

## A. General Labeling Requirements

### Coverage

The EU's labeling directive is applied in Norway (through EEA
incorporation). Standard U.S. labeling does not always match standard
Norwegian labeling. For example, Norwegian rules on health claims are
more restrictive that U.S. rules (as discussed below under paragraph H.
Health Claims).

Norwegian labeling rules apply to all operators handling food.
Compliance is primarily the responsibility of the producer, packager and
importer, but the seller also has a responsibility to ensure appropriate
labeling of foods that is not misleading. Mandatory labeling
requirements cover all types of packages, whether it is a package sold
to the ultimate consumer or a package sold by a wholesaler. However, as
elaborated below, there are some differences in practice.

Detailed labeling requirements are implemented through national
regulation No 1385 from 1993 ("Forskrift om merking mv av
næringsmidler"):
<http://www.lovdata.no/cgi-wift/ldles?doc=/sf/sf/sf-19931221-1385.html>

 

The purpose of this implementing regulation is to ensure that Norwegian
consumers have access to adequate and sufficient information as regards
the character, quality and composition of foodstuffs.

### How, when and where to label?

The foreign label shall be applied prior to retail sale. Prescribed
labeling information must be provided either on the packaging itself or
on a label attached to the packaging. The information must be in
Norwegian. Other languages may be used only if the spelling differs
insignificantly from Norwegian. Labeling in several different languages
is allowed.

The core requirement of the Norwegian legislation is, in substance, to
safeguard that labeling information will not mislead consumers by giving
an incorrect impression of the foodstuff. In fact, that is the criteria
for the case-by-case judgments made by the competent authority,
Mattilsynet, in its assessments of whether products have been adequately
labeled. Therefore, labeling should be clear and easily understoon, easy
to read, and the size of the text must not be too small (in relation to
package graphics, for example). It must not be obscured by other text,
price labels, sealing tapes, etc.

It is not allowed to ascribe a product certain effects or results that
have not been scientifically proven. Moreover, claims that the foodstuff
prevents or cures illnesses are not accepted. Likewise, it is not
allowed to claim (or create the impression) that a certain foodstuff has
a particular character, if other similar foodstuffs also have that
character. Furthermore, it is not allowed to use Norwegian dietary words
like "dietetisk", "til diet" etc, unless this is fully compatible with
the specific provisions for foodstuffs for special nutritional
requirements.

### Institutional packed and sample sized products

The general labeling requirements are applicable for final consumer
ready packages. Labeling of commodities not packaged for consumer sales
is voluntary. Such voluntary labeling must, however, be done in full
compliance with all provisions laid down in regulation No 1385.

Certain information (§4) should always accompany the consignment of "not
yet consumer ready packages." This requirement covers
enriched/radiated/GMO products as well as certain fresh fruit, berries
and vegetables.

No special labeling requirements exist for sample-size products or
institutional packed product destined for the food service sector. In
order to be exempted from tariff duties, the sample-size product
packages should be treated (deformed) in a way so that they may not be
-- illegally -- put up for sale later on.

### Easily visible -- Same field of vision

According to §7 of regulation No 1385, certain "key information" must be
given (or for bottles at least referred to) in the same field of vision,
e.g., on the back of the packaging. Key information includes sales name,
net quantity, best before or use by dates and alcoholic strength. The
intention of this Norwegian rule is that important information should be
easily seen simultaneously under normal purchasing conditions. For
certain packages, two joining areas may be regarded as the same field of
vision.

### 

### 

### Exemption for "Small Packages"

Small packages (the largest surface less than 10 cm^2)^ are exempted
from general labeling requirements applicable throughout the EEA/EU
area. In Norway, this exemption also covers glass intended for
recycling, having an indelible labeling and being without printed label
note. For such glass, information about sales name, net quantity, and
durability is deemed sufficient. The "in the same field of vision"
requirement is waived for glass bottles.

Information on sugar and sweetener content is required on small
packages. The appropriate wording may be "inneholder en eller flere
typer sukker samt søtstoffer."

Specific nutritional labeling rules are applicable when a so-called
nutritional claim is included in the labeling or advertising for the
product in question.

A list of ingredients is not required for foodstuffs consisting of one
single ingredient, if the sales name of the foodstuff is identical to
the sales name of the ingredient or if the ingredient is clearly stated
by the sales name, e.g. tea, sugar, raisins.

## B. Specific Mandatory Labeling Requirements

The prescribed labeling information must contain:

\- Sales name of the foodstuff

EU rules do apply, which means that whenever a sales name has been
provided in EU regulations, that sales name must be used. Thus, "soy
milk" is not accepted as a sales name.

Some foreign sales names have, over the years, become so well known to
Norwegian consumers that they can be considered to be generally
accepted, e.g. lasagne, hotdogs, chorizo, dressing and popcorn. It is
recommended that U.S. exporters in all cases verify - in advance - with
their Norwegian customers before labeling only in English.

The general rule is that the trademark or "fancy" name should not be
used instead of the sales name of the product. Certain fancy names have,
however, become traditional names, e.g. chocolate-covered (soft)
marshmallows, and can thus be accepted as sufficiently descriptive
names. In other cases, a fancy name of a foodstuff must be complemented
with a description of the foodstuff and, if required, how to use it.

The sales name should be accompanied by an explanation of the physical
state of the foodstuff or, alternatively, the special treatment the
foodstuff in question has undergone. For example: «i pulverform»
(powdered), «frysetørret» (freeze-dried), «konsentrert» (concentrated),
«røkt» (smoked).

Deep-frozen foodstuffs should be labeled accordingly «dypfryst».

Foodstuffs containing aspartame E951 should be labeled « inneholder en
fenylalaninkilde ».

Foodstuffs added with more than 10 per cent sugar alcohol should be
labeled « kan virke avførende ved stort inntak ».

If the foodstuff has been subject to atomic radiation it should be
labeled « bestrålt » or « behandlet med ioniserende stråling ».

If the foodstuff has been produced with GMOs, it should be labeled
«genmodifisert» or «produsert fra genmodifisert \[name of the organism\]
». However, if the GMO presence is unintentional and less than 0.9%
labeling is not required.

\- List of ingredients

The definition of ingredients includes primary produce, e.g., meat,
fish, fruit, flour, water, spices as well as additives, preserving
agents, flavorings and colorings. There is no lower limit for the amount
of which a substance is regarded as an ingredient. A substance that is
intentionally used in the manufacture or preparation of a product is
deemed to be an ingredient. Substances that are unintentionally present
in processed food products are not ingredients, e.g., residues of
pesticides or substances used as processing aids.

The list of ingredients does not have to include:

> \- Constituents of an ingredient, which have been temporarily
> separated during the manufacturing process but at a later stage
> returned to a foodstuff, though not in excess of the original
> proportions.
>
> \- Additives that occur in foodstuffs only as a result of their
> inclusion in one or more ingredients of the foodstuff (the "carry-over
> principle")
>
> \- Additives used as processing aids. The occurrence of such additives
> must not imply any health risk or have any technological function in
> the finished product.

\- Primary products, for example starter cultures, used as processing
aids

> \- Solvents, i.e., substances used in the quantities strictly
> necessary as solvents or carriers of additives or flavorings.

Ingredients must be indicated by their sales names in the list of
ingredients. Abbreviations that might mislead the consumer should be
avoided.

The ingredients should be given in falling scale and the list should
always begin with a text where the Norwegian word «ingrediens» is
included.

\- Quantity of an ingredient or category of ingredients

The main principle is that a Quantitative Ingredients Declaration (QUID)
is compulsory. This also applies to beverages that contain more than one
ingredient. However, there are some exemptions. Generally, the QUID need
only include the ingredients or categories of ingredients which are
decisive for the purchase, i.e., the most valuable from economic or
nutritional points of view; also, if the ingredient is part of the sales
name of the product.

The quantity shall be given as the percentage share the ingredient had
at the time of production. There are certain exemptions (which have been
presented in regulation 1385, §5) from this main rule of percentage
indication.

\- Net quantity

The term net quantity refers to the weight (kg or g) or volume (l, dl,
cl or ml) of the actual foodstuff. Thus, wrapping, clips, netting and
labels must not be included in the net quantity. When a frozen
foodstuff, e.g., shrimp, is water-glazed the weight of the product must
refer to the weight without water-glazing, i.e., the weight without ice.
For vitamins and/or mineral contribution, the net quantity might be
declared either as the number of tablets or capsules.

Such information for bulk containers intended for the food industry,
wholesalers or retailers may be submitted in a commercial document,
e.g., a delivery note or an invoice.

\- Best-before date or use-by date

The best-before date is the date until which a foodstuff, stored in a
suitable manner, retains the specific properties normally associated
with it. It may be retailed (in its packaging) also on or after the
best-before date, provided that it remains in a fully acceptable
condition during a reasonable length of time.

For perishable products, the durability must be stated by «Siste
forbruksdag \...», (best-before...) followed by the relevant date.
Alternatively « Best før utgangen av \... » (best-before end of) in
cases when no specific date but rather a month or year has been
declared. The use-by date is the last date on which a highly perishable
foodstuff, from a microbiological viewpoint, may be consumed without
being unfit for human consumption. On such products, the use-by date
must be indicated instead of the best-before date. The foodstuff cannot
be retailed after the indicated use-by date. Storage recommendation
should also be given.

Non-perishable products should be labeled « Best før \... »when the date
is given, or « Best før utgangen av \...» in other cases.

Best before date, date, month, year should be declared in the manner
prescribed:

> \- For products with shorter durability than three months it is
> sufficient to indicate date and month.
>
> \- For products with durability more than three months it is
> sufficient to indicate month and year.
>
> \- For products with durability exceeding 18 months it is sufficient
> to indicate year.

Certain foods, such as bakery products intended for consumption within
24 hours, fresh fruit and vegetables, aromatised wines, beverages with
more than 10 per cent (volume) alcohol, cooking salt, sugar in solid
form, confectionery (consisting almost only of aromatised and/or
coloured sugar species) and chewing gum, are exempted from shelf-life
information.

\- Special storage conditions

Storage conditions should always be indicated on labels for foodstuffs
with a use-by-date. For foodstuffs with a best-before date, storage
conditions should be indicated if it is of importance to the durability
of the foodstuff.

The minimum durability of a foodstuff depends on various factors, such
as composition, processing method, wrapping technique, storage
temperature and handling in other respects. The person responsible for
the product \-- generally the manufacturer or the packager\-- must
decide on the most suitable period of minimum durability.

\- Name or company name and address

The company's telephone number is not accepted as sufficient address
information for a seller, packager or importer based in Norway. The
entire address should be provided for in the labeling text.

\- Origin

There is no general requirement to provide information about the origin
of a product. Rules of origin do apply, however, if the lack of such
information might mislead the consumer. In addition, Norwegian rules
stipulate that information on country of origin is mandatory for beef
and a variety of fresh fruit, berries, and potatoes.

\- Instructions for use

Instructions for use must only be provided if there is a risk for
incorrect storage or use otherwise. For example, quick frozen foodstuffs
(with the exception of ice cream) should be labeled «Bør ikke fryses på
nytt etter opptining».

The field of application should be clearly indicated on packages
containing butter and margarine, e.g., butter for cooking, margarine for
making bread, table margarine.

\- Actual alcoholic strength

Beverages with more than 1.2% alcohol by volume must be labeled with
information on the actual alcoholic strength. Thus, it is not permitted
to only indicate a maximum or approximate strength or a range of
strength. The alcohol content should be given with maximum one decimal
number followed by the symbol « % vol »; designation notation

« alkohol » or the abbreviation « alk ».

According to the EEA-agreement and Commission Regulation (EC) No
608/2004, foods and food ingredients with added phytosterols,
phytosterol esters, phytostanols and/or phytostanol esters should also
be labeled.

## C. Illustrations

Illustrations and/or decorations must give a correct impression of the
characteristics of the contents. The actual/ready-for-consumption
quantity of the contents must not be exaggerated.

Illustrations of fruits must, as a basic rule, represent the proportions
of the fruits in the product. Illustrations of fruit on products that do
not contain any fruit whatsoever are considered to be misleading, if the
consumer expects to find fruit in the product. For example,
illustrations of fruits on soft drinks or fruit yoghurts are deemed to
be misleading, if the products are flavored only with flavorings and do
not contain fruit. Illustrations of fruit may, however, be used on
certain foodstuffs that contain only fruit flavorings, if it is not
misleading for consumers. Examples of this exception include products
such as candies and cookies with fillings.

It is important to note that if a package has been illustrated as
described above under a voluntary labeling initiative, a mandatory
requirement of QUID presentation comes automatically. The same applies
for product illustrations in advertising.

## D. Stick-on Labels

Stick-on labels may be used in addition to a U.S. label, or to cover
certain text on the original label that is not in conformity with
Norwegian labeling requirements, e.g., certain nutritional or health
claims. It is advisable to always properly adapt the label to meet the
Norwegian requirements, as all provisions can be enforced.

## E. Identification of Lots

Lot identification means that a foodstuff should be labeled with a code,
number, symbol that makes it possible to identify and trace back to the
designated merchandise (goods). The requirement for lot identification
applies in principle to all kinds of food, also primary produce intended
for food production. However, it is often deemed sufficient to label
with date.

##  F. Traceability

Being an EEA member, Norway applies EU rules on traceability (Regulation
No 178/2002 on general food law, articles 11,12,16,17,18,19 and 20). A
Norwegian Guidance Document, dated March 4, 2005, is available on
Mattilsynet's website. This website also contains a link to the
corresponding EU-guidance in English.

## G. Specific Requirements for Nutritional Labeling

Norwegian rules for nutritional labeling are laid down in regulation No
1386 from 1993. A guidance direction (in Norwegian) is published on
Mattilsynet's website.

Nutritional labeling is voluntary, unless a nutrition claim has been
made either on the package or in the advertising of a given product.
Hence, nutritional labeling is mandatory only when a nutrition claim
(for example "low in added sugar") is present on the labeling or
presentation of the foodstuff. QUID (which only provides information on
the ingredients) cannot replace nutritional labeling.

There is no advance approval of nutritional labeling. Mattilsynet makes
its decisions on a case-by-case basis in accordance with the
internationally agreed Codex Alimentarius food standards. For example,
the nutritional labeling "lett" (low) is accepted in Norway provided
that the energy reduction is 30 % compared to a normal commodity. The
nutritional labeling "redusert saltinnehold" (reduced salt content) and
"lavt saltinnhold" (low salt content) are accepted when there is a
corresponding 25% reduction.

## H. Health Claims 

In absence of agreed EU rules on nutritional health claims, Norway
applies the attached national guidelines, published by Mattilsynet on
November 15, 2005. [Retningslinjer for dokumentasjon ved bruk av
ernærings- og helsepåstander på
næringsmidler](http://www.mattilsynet.no/regelverk/veiledere/mat/retningslinjer_for_dokumentasjon_ved_bruk_av_helsep_stander_p__matvarer_28872).
EU-legislation - Com (2003) 0424-20030165(100) Proposal for a European
Parliament and Council regulation on nutrition and health claims made on
foods - is in the pipeline, however. It is expected to be decided in
2006 and Mattilsynet will assess the need for subsequently modifying
current national guidelines.

Health claims are not subject to "advance approval" in Norway. Norwegian
rules governing health claims are stricter than those of the U.S. The
importer is responsible for having access to and being able to provide
(upon request by Mattilsynet) documentation to substantiate the health
claims made in conjunction with the marketing of the product in
question. Otherwise no health claims are allowed.

According to regulation 1385, §5, it is not allowed to claim -- either
in the labeling on the package or in the advertising of the product --
or give the impression that a certain foodstuff prevents, cures or
alleviates pain, illness or symptom of a disease.

Claims that indicate a connection between foods and health may be used
provided they are:

\- not to be regarded as medical claims

\- correct and not misleading

\- possible to substantiate

Medical claims should not be made for foodstuffs. Medical claims are
regulated by the Norwegian Medicines Agency.

According to Norwegian Guidelines, there are three categories of health
claims:

-   Category A includes medical claims not allowed for foodstuffs. A
    non-exhaustive list of such claims has been published at the
    Norwegian Medicines Agency's website
    [www.legemiddelsverket.no](http://www.legemiddelsverket.no/)

-   Category B and C cover health claims. Category C claims are deemed
    to be so vague that they are difficult to substantiate, and thus
    forbidden.

The non-exhaustive list of Category B claims provides examples of health
claims that are allowed, provided they can be substantiated with
supporting evidence/documents. Below are examples of allowed Category B
claims:

> \- might help against slightly raised level of cholesterol/ blood
> pressure/allergy suffering

\- might help against a sore throat

\- might have a soothing effect on slight hay-fever

> \- might help against heartburn/indigestion/ a constipated
> stomach/loose bowels/diarrhea

\- might help against dry cough (when having caught a cold)

\- might stimulate blood circulation (cold hand/feet)

\- might have a stabilizing effect on the level of blood sugar

\- might help against iron deficiency anemia

The choice of detailed wording, e.g., might/can, should be assessed for
each individual claim.

Required documentation should at the least meet one of the three
alternatives below:

1\. Product level: Documentation based on product specific scientific
studies

> 2\. Generic information: Documentation based on public knowledge and
> established scientific findings regarding the effects of foodstuffs on
> growth, development and normal physical functions.
>
> 3\. According to ancient custom: Documentation based on traditional
> use in folk medicine.

## 

## 

## 

## 

## 

## I. Requirements Specific to Organic Labeling

(EU Regulation 2092/91 with subsequent amendments)

A product labeled as organic should in its labeling include information
on the name and/or code number of the control body related to the most
recent phase of the production process, e.g. packaging/labeling and
import from a third country.

Mattilsynet has delegated the organization DEBIO to carry out control of
organic products, both domestically produced and imported. DEBIO is a
member of IFOAM (International Federation of Organic Agricultural
Movement) and is well known to Norwegian consumers. DEBIO is a member
organization, open also to importing representatives (e.g. interested
organizations, retail and trade). DEBIO has been accredited by Norsk
Akkreditering in accordance with the European standard EN-45011.

Currently, DEBIO's label is used for more or less all approved organic
foodstuffs. More information on conditions for using the DEBIO symbol is
available on: [www.debio.no](http://www.debio.no/)

Companies that do not want to present the DEBIO label on their products
may instead use DEBIO's code number: Økologisk godkjenning:
Kontrollinstans N-1.

Norway applies two national provisions in its accommodation to overall
EU organic rules.

"Organic" is used if the products have been produced in compliance with
the EU's organic regulation 2092/91. Products labeled with the EU label
should also have the following text in Norwegian: Økologisk landbruk --
EF-kontrollordning.

It is allowed to combine the DEBIO label with the EU label.

## J. Enforcement

The food law authorizes Mattillsynet to impose the following sanctions
for non-compliance with Norwegian labeling requirements:

\- require action

\- act on behalf of the operator

\- impose fines

\- close business until action is taken

\- close business up to 6 months

\- actively inform the public

The most common sanction is fines. In addition to sanctions listed
above, the Norwegian courts may impose penalties. Mattilsynet may in
exceptional circumstances approve applications for derogation from the
labeling rules laid down in regulation 1385.

# 

# 

# 

# 

# SECTION III. PACKAGING AND CONTAINER REGULATIONS 

(Norwegian implementation of EEA/European Community legislation)

## A. Materials in Contact with Food

EU regulations on packaging materials in contact with foods are
implemented in national law through regulation No 1381
(Matemballasjeforskriften) from 1993, last amended November 9, 2005. The
overall principle is that use of packaging materials is allowed as long
as they\-- under normal and foreseeable conditions for the usage\-- do
not pose a threat to the well being of human health. Furthermore,
packaging material must not lead to an "unacceptable" worsening of the
taste or smell of the foodstuff concerned. Similarly, the composition of
the foodstuff must not be changed in an "unacceptable" way.

There is a general labeling requirement for products and materials sold
for food packaging use. The words "for næringsmiddel" (for food) can be
used for this purpose.

The name and address, as well as the registered trademark of the
manufacturer (or the seller established in the EEA (European Economic
Area)) shall be indicated. An exemption has been made for materials
"obviously" being intended for contact with food.

Labeling should be in Norwegian or similar language provided
misunderstanding/confusion is deemed unlikely.

Specific requirements do apply for the usage of plastic materials and
articles. The regulation establishes a positive list of monomers and
starting substances permitted for use in the manufacture of food contact
plastics. In accordance with EEA/EU directives, certain migration
threshold levels have been laid down for various substances (monomers,
starting substances and additives) like for example PVC (Council
Directive 81/432/EEC).

## B. The Norwegian Recovery System

In 1994, the Norwegian food trade and industry established their own
collection and recovery system. In 1996, the umbrella organization
Materialretur AS was founded. Materialretur is a non-profit company,
established and owned by the Norwegian material organizations.

Under the management of Materialretur, six guarantors are responsible
for the recycling of beverage cartons as well as packaging made of
paper/cardboard, glass, aluminum, tinplate and plastic. These guarantors
ensure that the set recovery targets are met. Since 1999, these targets
have been 80 percent each for plastics and corrugated board and 60
percent for beverage cartons, cardboard, aluminum and tinplate.

Materialretur operates as a partner of participating companies and
collects membership fees. The industry pays a flat rate to the local
authorities or local waste management companies under the principle that
parties responsible for producing the waste pay for the collection and
sorting of the waste.

Importers of goods packed abroad must pay a "licence fee" for the
relevant packaging material. The importer is the first legal owner of
the goods in Norway. Agents are classified as importers if they at one
or more occasions are legal owners of the goods (even if they do not
physically handle the products). Agents who only broker supply contracts
are not obliged to register with Materialretur. In such cases the
agents\' customers are considered as the importer. More detailed
information is available on the website
[www.materialretur.no](http://www.materialretur.no/)

## C. Mandatory Norwegian Recycling Requirements for Non-Alcoholic Beverages

Recycling and waste disposal of beverage packages are regulated by the
Ministry of Environment through regulation 930 (dated June, 1 2004). The
recycling system covers only packages distributed for and destined to
end consumers. The purpose of the legislative measure is to contribute
to an effective system with a high degree (minimum 25%) of recycling,
and also to achieve reduction of littering.

The importer is responsible for either establishing a recycling system
himself or, more likely for practical reasons, associating himself with
an established system. The application should be sent to the Norwegian
Pollution Control Authority (SFT), [www.sft.no](http://www.sft.no/). SFT
decides the recycling share for a particular year. Minimum is always
25%. Packages subject to deposit payments should be labeled, such as
return bottles.

# SECTION IV. FOOD ADDITIVE REGULATIONS 

## A. Additives

Norway fully applies EU uniform rules on the use of additives in
foodstuffs. The Norwegian implementing regulation can be found at:
<http://www.lovdata.no/cgi-wift/wiftldles?doc=/usr/www/lovdata/for/sf/ho/ho-19931221-1378.html&dep=alle&kort+,+titt=forskrift+om+tilsetningsstoffer>:

A positive list of additives that can be used in manufacturing of
foodstuffs can be found at:
<http://www.mattilsynet.no/portal/page?_pageid=54,40083&_dad=portal&_schema=PORTAL&navigation1_parentItemId=2629&navigation2_parentItemId=2629&navigation2_selectedItemId=2631&_piref54_40088_54_40083_40083.artSectionId=401&_piref54_40088_54_40083_40083.articleId=6966>.

English copies can be found in the corresponding EU-legislation
database. In addition, maximum allowed levels can be found on
Mattilsynet's website, as well as a Guidance Directory that was
published on August, 1, 2005.

Attached below is a list of food groups in English and Norwegian.

![](media/image2.wmf)

Unpackaged products should be accompanied by information specifying the
content of additives. If the product has been subject to radiation, it
should be noted.

While CODEX evaluations of the safety of food additives have been
considered in the development of the EEA/EU regulations, the list of
CODEX approved food additives for imported foodstuffs is not applicable
as such. The Norwegian/EU positive additive list regulates the use of
colors, preservatives, anti-oxidants, emulsifiers, sweeteners and
miscellaneous food additives and does not include flavorings, processing
aids, vitamins and other enrichment substances.

# B. Supplements, Vitamins and Minerals

On May 28, 2004, Norway implemented EU Directive 2002/46 on Supplements
through regulation No 755: Forskrift om kosttilskudd. On March 18, 2005,
Mattilsynet published a Guidance Directory (Veileder til kosttils kudds
forskrifter), which is available on its website.

Attached below is an explanatory note containing the positive list of
accepted vitamin and mineral sources that are allowed, subject to
certain conditions and maximum levels.

![](media/image1.wmf)

Norwegian regulation No 1379 contains the EU uniform positive list of
accepted aromas subject to certain conditions and maximum levels and
special labeling requirements:
<http://www.lovdata.no/cgi-wift/wiftldles?doc=/usr/www/lovdata/for/sf/ho/ho-19931221-1379.html&dep=alle&kort+,+titt=forskrift+om+aromaer>

# SECTION V. PESTICIDE AND OTHER CONTAMINANTS 

## A. Pesticides 

The Norwegian Food Safety Authority, Mattilsynet, is responsible for the
pesticide residue control of foods of plant origin. If pesticide
residues exceed the EU or national maximum residue limits (MRLs),
Mattilsynet can prohibit or prescribe conditions for the sale or other
handling of the food or the batch to which the food belongs. As a
follow-up, subsequent lots of the commodity will be detained and
enforcement samples collected. The condition/prohibition will be
cancelled when a certain number of lots are found to comply with the
MRLs, or when other information shows that the residue problem no longer
exists. Information on pesticide residues can be obtained from the
Norwegian Food Safety Authority, Mattilsynet.

The Norwegian pesticide regulation is based on the common (EEA)
regulation -- positive list - within the European Union:
[www.lovdata.no/cgi-wift/wiftldles?doc=/usr/www/lovdata/for/sf/ho/ho-19931221-1388.html&dep=alle&kort+,+titt=forskrift+om+rester+av+plantevernmidler](http://www.lovdata.no/cgi-wift/wiftldles?doc=/usr/www/lovdata/for/sf/ho/ho-19931221-1388.html&dep=alle&kort+,+titt=forskrift+om+rester+av+plantevernmidler)

## B. Other Contaminants

Norway applies EU maximum levels for dioxin. Maximum levels have also
been established for aflatoxins in foods, with the exception of drinking
water. EU maximum levels for certain contaminants are stipulated in
Commission Regulation 466/2001. There are no Norwegian deviations in the
implementation legislation:
<http://www.lovdata.no/cgi-wift/wiftldles?doc=/usr/www/lovdata/for/sf/ho/ho-20020927-1028.html&dep=alle&kort+,+titt=forskrift>

In addition, a useful Guidance Directory Document on aflatoxins,
published in April 2004, is available at Mattilssynet's website.

# SECTION VI. OTHER REGULATIONS AND REQUIREMENTS

## A. Advance approval of foods

Foodstuffs are not normally subject to advance approval by the Norwegian
Food Authority Mattilsynet. There are, however, two exemptions from this
rule:

1\. Novel Foods and GMOs

> 2\. Additives or enrichment with vitamins and minerals other than
> those already approved in Norwegian (EU) legislation.

In these two specific cases, advance approval is a pre-condition for
release for free circulation on the Norwegian market.

Imports of organic products are subject to advance notice, provided the
exporter wants to label and market the product as organic.

## B. Alcoholic Products Require an Import Permit and Registration

Imports of alcoholic beverages generally require registration with the
Norwegian Customs Authorities. For gifts, however, it might be
sufficient with only an import permit from the Directorate for Health
and Social Affairs, tel + 47 24163000
[www.rusdir.no](http://www.rusdir.no/)

Alcoholic beverages are subject to special legislation. For more
information visit [www.toll.no](http://www.toll.no/)

For example, imports of snaps or aquavit with an alcoholic content
exceeding 60 per cent by volume are not allowed.

## C. Specific Health Requirements for the Import of Certain Agricultural Products

Import licenses/sanitary certificates must be obtained for many
agricultural products. The Norwegian Food Safety Authority, Mattilsynet,
is the competent authority.

\- Imports of potatoes, embryos of eggs, seeds containing narcotic
substances -- if allowed at all -- must always be accompanied by health
certificates. Please contact the competent authority Mattilsynet, tel +
4764944400.

\- Norwegian rules for plant protection (Regulation No 1333 from 2000)
stipulate that the plant health authority in the exporting country
should issue an official plant health certificate in accordance with the
International Phytosanitary Portal (IPP). For travelers, certain
exemptions for limited quantities (private consumption) are possible.
Please contact the competent authority Mattilsynet, tel + 4764944400.
The health certificate issued by Mattilsynet is directed to the actual
recipient/owner/importer of the commodity (not the shipping agent). The
"real importer" should file the health certificate document for three
years. The keeping of the archives should be done in a way that each
individual contingent can be traced back according to the code number
registered in the TVINN-data system. A copy of the health certificate
should be sent, e.g., faxed, to each recipient of the goods.

\- Salmonella protection: Like Sweden and Finland, Norway applies
stricter rules than those of the EU with regard to salmonella
(salmonella guarantees). Fresh meat, meat preparations or minced meat
(with the exception of heat-treated meats) and eggs must be accompanied
by a health certificate, salmonella guarantee, stating that the products
are free from salmonella. Through Commission Decision of June 24 2003 (C
1928), Norway is authorized to use certain alternative methods in its
microbiological testing of meat.

\- Animal products -- including milk and certain dairy products - are
subject to special import regulations. A *health certificate,* issued by
the competent authority in the third country, e.g., the United States,
must accompany the product. Please contact the Mattilsynet for more
information, tel + 4764944400.

\- Most imports of fresh fruit and vegetables must undergo quality
inspections and in certain cases sanitary health inspections.
Mattilsynet is the contact for such concerns, tel + 4764944400. In order
to import plant products that require sanitary certificates, it is
necessary to be registered as an importer (see above). Norway has, for
example, introduced specific regulations relating to measures against
brown rot (Ralstonia solanacearum) in potatoes.

\- Imports of fish and fishery products such as salmon and shellfish are
subject to several regulations targeted at protecting the health
situation within the extensive Norwegian fish breeding industry. See IX
D (CVED).

\- A special import authorization is required for medical products per
the regulation governing medicinal products "Legemiddelloven". For these
products, the Norwegian Medicines Agency and the Norwegian Board of
Health are the competent authorities.

## D. Testing and Certification of Birdseed is Mandatory

Imports of birdseed into Norway must be sampled and tested for wild oat
(Avena fatua). If seeds of wild oat are found, the lot is not allowed
entry into Norway. In addition, it is not allowed to import viable seeds
of hemp (Cannabis sativa).

Seed lot imports must be accompanied by a "Certificate -- Test for Avena
fatua in Birdseeds" issued by Kimen Seed Laboratory. Kimen Seed
Laboratory is authorized by the Norwegian Food Safety Authority to carry
out such analysis and to issue the certificates. The seed should be
sampled by an official seed sampler in the exporting country and
submitted to Kimen Seed Laboratory before shipment. Submitted
certificates are normally sent to the Norwegian company receiving the
seed. The Norwegian company in question is responsible for sending the
certificate to the exporter, since the certificate should accompany the
seed lot when it is exported to Norway. If the exporter is responsible
for paying the analysis costs, the sample should be followed by a letter
clarifying this arrangement. Otherwise the invoice will be sent to the
Norwegian company.

The seed lot is given a lot number linking the lot, the sample and the
certificate. If the lot has not been sampled by an official sampler in
the exporting country, it will be sampled by an official sampler in
Norway.

Sample size:

\- Large-seeded species (cereals and seeds larger than wheat seeds): 1
kilogram.

Maximum lot size: 25 tons

\- Small-seeded species (seeds smaller than wheat seeds): 0,5 kilogram.

Maximum lot size: 10 tons.

Mixtures of large-seeded and small-seeded species shall be sampled as
large-seeded species.

If the lot is packed in small consumer packages, whole packages must be
drawn according to the scale shown above.

Submitting the samples:

The seed sampler submits the sample directly to Kimen Seed Laboratory
for testing and certificate issuance. The sample must be marked with the
following information: Name of the species, lot number, lot size,
sampling and sealing agency, name and address of the lot receiver in
Norway, the organization number of the Norwegian company, and the
customs tariff number (23 09 90 50 for indoor birdseed, 23 09 90 60 for
wild birdseed and carrier pigeon seed and 12 06 00 10 for sunflower
seed).

The sample shall be submitted to:

Kimen Seed Laboratory

P.O.Box 164

N-1431 Ås

Norway

Tel: +47 64 97 06 60

# SECTION VII. OTHER SPECIFIC STANDARDS

## 

## A. Standards for Fruit Juice

Norwegian standards for fruit juices and similar products are
established in national Regulation nr. 1116 from 2003, based on EU
Council Directive 2001/112/EC.

## 

## 

## B. Consumer Packaging or Municipal Waste Disposal

Please see Section III.

## C. Vitamin Enrichment Requirements

See Section IV B.

## D. Novel Foods and GMOs (Genetically Modified Organisms)

As an EEA member, Norway basically applies EU rules on Novel Foods and
GMOs. It should be highlighted though, that the primary Norwegian
legislation -- Genteknologiloven -- is more restrictive in the sense
that it lays down three additional requirements. GMO-products should
also be ethically justified and provide societal benefits as well as be
in line with sustainable development.

Applications for GMO approval must always be sent to the Norwegian Food
Authority Mattilsynet, which evaluates the application and assesses
conformity with the implementing legislation -- Naeringsmiddelloven.
This requirement also includes products already approved for free
release on the EU's internal market.

The Norwegian Guidelines (dated December 14, 2005) on Novel Foods are
available on the website of Mattilsynet.

## E. Dietetic or Special Use Foods

Norway applies special legislation for baby food, e.g., lower maximum
level for traces of radioactivity for baby food (370 Bq/kg) than for
other food (600 Bq/kg). Regulation "Barnematforskriften" was adapted on
October 18, 2002. The definition of baby food is products specifically
produced for babies and small children 0-3 years old.

Baby food is divided into two categories: cereal-based baby food and
other baby food.

Cereal-based baby food is further divided into four sub-groups:

1\. Cereals to be mixed with milk or similar products.

> 2\. Cereals with a protein rich ingredient (normally milk) which
> should be mixed with water

3.  Pasta

4\. Biscuits

The regulation provides rules on the content of protein, fat, sugar and
vitamins/minerals. It is allowed to add nutritive substance to all baby
food products. For those vitamins that may be added, certain maximum
levels are stipulated. For a few baby food products, the added vitamins
and minerals must exceed a certain minimum level. However, there are
some limitations concerning vitamins A and D. For vitamins A and D the
regulation stipulates that for certain cereal-based products the
addition should be only to the minimum content. Amino acids may be added
when the protein quality at the starting point is not sufficient.

## F. Food Sanitation Laws/Guidelines

The new EU "Hygiene Package" (Food Control regulation) which entered
into force on January 1, 2006, is also to be applied in Norway.

###### Marine Products 

On March 22, 2004, the Norwegian Food Safety Authority laid down a
regulation that, until further notice, allows importers of fish and
fishery products intended for food uses to be exempted from paying
obligatory fees on imports as set out in Regulation No 221 from 2004.

Exemptions may be granted for the following product numbers (please see
the Norwegian Customs Tariff):

> · All the product numbers included in Section 3, covered by food
> production fees;

· Food product number 16.03.0020;

> · All the product numbers placed under 16.04 and 16.05 that are
> covered by food production fees.

###### Organic Foods and Health Foods 

The Norwegian Food Safety Authority, Mattilsynet, has published two
separate guidelines to facilitate implementation of Regulation No 1103
from 2005. Since Norway applies the basic EU legislation, the country
treats the whole area as one single market for organic products. Import
procedures do differ between products coming from this EEA market
compared to imports coming from countries outside the EEA area.

In the EEA area, EU rules do apply. For third countries, there is a
distinction between "approved third countries" and "other third
countries". Currently, the list of approved third countries includes
Argentine, Australia, Costa Rica, Israel, Switzerland and New Zealand.

For imports from other third countries, including the United States,
only time limited approvals for specified contingents are possible. The
basis for approval is the control procedures carried out in the
exporting country. Such imports shall by all means be subject to border
control. In addition, normal trade documents for the import of both
livestock and vegetable products shall also be accompanied by an organic
certificate, Økologisertifikatet. The importer must also obtain an
import authorization -- importtillatelse - issued by Mattilsynet.
Mattilsynet has delegated implementation of control measures to its
district offices at the border postings.

Import procedures step by step:

\- The importer shall contact the control body -- DEBIO -- and specify
what contingent import authorization is sought.

\- The control body -- DEBIO -- carries out investigations in order to
clarify whether the products in question have 1) been produced
equivalent to EU rules (regulation 2094/92) and 2) the control
procedures in the third country is deemed to be equally good as provided
for in this regulation.

\- DEBIO gives its order/recommendation to Mattilsynet (Nasjonalt senter
for planter og vegetabilisk mat), which notifies the EU as well as sends
the import authorization to the importer with a copy to DEBIO.

# Organic Product Imports are Subject to Advance Notice! 

In accordance with EU regulation, an advance notice shall be sent to the
authorities at least 24 hours before the cargo arrives at a customs
border posting. The early warning might be done through the MATILDA
information system. If so, the word ØKOLOGISK should be written
initially - with capital letters - in the field of the commodity
specification. If the importer has no access to MATILDA, then fax,
telephone or e-mail might be used.

In addition, the importer should also notify the control body -- DEBIO
-- of the arriving consignment, including the date and place for
arrival, at least one day before delivery. A copy of the organic
certificate should be enclosed with this notification.

## G. Additional Levy for Non-Alcoholic Beverages

Non-alcoholic beverages are subject to an additional levy in Norway.
This in accordance with Regulation (Rundskriv) 4/2005 S.

In 2006, the specific levies amounted to:

\- 1,61 NOK/litre for non alcoholic beverages

> \- 9,81 NOK/litre for syrup destined for commercial production of
> non-alcoholic beverages in large-size packages and fountains
>
> \- 65,12 NOK/litre for carbonic acid imported for production/sale of
> non-alcoholic beverages (not to be sold per kilo)

Beverages with an alcoholic content of up to 07% are treated as
non-alcoholic beverages.

There are, however, many exemptions from this levy obligation.
Specifically, the following products are not covered by the levy:

> \- raw fruit squash and concentrated syrup, juice, nectar, beverages
> from vegetables, water without added aromatic flavor, squash from
> berries and fruits including concentrate thereof

\- milk and milk products

\- beverages made from cocoa and chocolate, including concentrate
thereof

\- pulverized (powdered) products

\- grain and soy-based milk substitute products

\- infant formula

Exemptions also include imports that will not be used for production of
beverages (destined for human consumption).

# SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAWS

## A. What is a Trademark? 

A trademark is a symbol distinguishing one trade good from others.
Registration gives exclusive rights, preventing others from using a
trademark which can be confused with the registered goods. These rights
apply to use of the mark on the goods themselves, on the packaging, in
advertising, in business documents, in verbal description or otherwise.

## B. Conditions for Obtaining Norwegian Trademark Protection 

In order to obtain Norwegian registration, the trademark must fulfill
certain requirements. A trademark can only be registered if it is
suitable for differentiating the applicant\'s goods or services from
those of others. Marks that only state the nature of a product or its
properties cannot be registered as a trademark, e.g. \"wholemeal bread\"
for bread. Another important condition for registration is that the mark
must not be misleading or likely to lead to confusion with another
product name, company or trademark.

## C. Examples of Allowed Trademarks

Examples of allowed trademarks:

\- Figures, e.g. the drop-shape in the Statoil-logo.

\- Word marks, e.g. Freia (Chocolate)

\- Combined marks containing words and figures, e.g. the Solo label.

\- Three-dimensional marks (goods accessories), i.e. the shape,
accessories and packaging for a product can also be registered. The
Farris bottle is a good example of this type of registration.

\- Letters and numbers, e.g. 4711

In addition, slogans might be subject to trademark protection in Norway.

## D. International Recognition

The Madrid Protocol is a system for the international registration of
trademarks. Like the United States, Norway is a member. Norway is also a
member of the Universal Copyright convention.

## E. How and Where to Apply? 

To register a trademark in Norway, you need to file a trademark
application with the Norwegian Patent Office. A Norwegian trademark
registration provides protection only within Norway.

[Application Form (in Norwegian
only)](http://www.patentstyret.no/upload/Filarkiv/soknadsskjemaer/Varemerkeskjema20040407.pdf)

Below you will find some guidance and tips from the Norwegian Competent
Authority:

1\. Always check to see if the same or a similar trademark already
exists before spending time and money on protecting or using a proposed
trademark through the premature printing of advertising materials or
letterhead. You cannot register a trademark when others already hold a
registration or have applied for one. The Norwegian Patent Office
Preliminary Search Service carries out fast, reasonably priced
investigations on your behalf and can also assess the results. You can
also contact Brønnøysund Register Centre to check whether a company name
is already being used by someone else.

2\. Make sure that you have included all the goods or services for which
you want to register the trademark. It is not possible to add further
goods or services once the application has been filed. In such a case, a
new application must be submitted. Goods and services are classified
according to an international classification system.

3\. Once you have filed an application, only minor changes can be made
which do not affect the overall impression of the trademark. The
trademark should therefore be submitted in the same form as it is to be
used.

## F. What Does It Cost to Apply for Trademark Registration under the Madrid Protocol? 

The Norwegian Patent Office requires a clearance fee of NOK 550
(approximately US\$ 90).

## G. When Does a Trademark Registration Cease To Be Valid? 

The registration lasts for 10 years from the date of registration.
Registration can be renewed every 10 years for an unlimited number of
times. If anyone considers that the trademark has been registered on a
false basis, it may be pronounced legally void. In certain cases,
registrations may be cancelled by the Norwegian Patent Office.
Registrations can also be annulled by a legal pronouncement if the mark
has not been used for a period of 5 years.

## H. More Information on the Protection of Trademarks 

More information on the protection of trademarks can be obtained from
the Norwegian Patent Office Information Centre, tel: +47 22 38 73 33,
e-mail: infosenteret@patentstyret.no.

The Norwegian Patent Office (NPO) is a government authority organized
under the Ministry of Trade and industry.

# SECTION IX IMPORT PROCEDURES

## A. Registration Procedures 

The Brønnøysund Register Centre is a government body under the Norwegian
Ministry of Trade and Industry. It consists of several different
national computerized registers.

The Register of Business Enterprises registers all Norwegian and foreign
business enterprises in Norway. The register ensures the protection of
business names against third parties and provides an overview of the
financial structure of a business enterprise. The register is an
important source of information for anyone in need of correct
information about participants in Norwegian business and industry. All
enterprises operating business activities - both those with unlimited as
well as limited responsibilities - are obliged to register with the
Register of Business Enterprises. This also applies to sole
proprietorships operating a trade with purchased goods or which employ
more than five persons in primary positions. Other sole proprietorships
may register on a voluntary basis. Registration in the Register of
Business Enterprises provides a business enterprise with:

· The right to operate a business enterprise

· Legal protection of the business name

· A certificate of registration as identification for lenders, legal
registration authorities, and customs and excise authorities

· A business enterprise organization number as important identification
to authorities and for coordinating private and public business
registers

· Identification of the executives of a business enterprise

## B. VAT Registration is Mandatory

To import foodstuffs subject to tariffs for commercial purposes, it is
necessary to be registered for VAT. The VAT rate for foodstuffs is
currently 13% (2006). The rate for products other than food is 25%.
Foreign enterprises with no local office or company in Norway must
register. The exporter normally pays the VAT but the Ministry of Finance
has the authority to decide that the VAT fee shall be paid by the
representative of the exporter (e.g. the importer). This provided the
foreign company carries on a VAT-relevant activity.

The normal procedure for a foreign company is to register, e.g., with a
representative. There are no specific professional qualifications
required except that the representative must have a location in Norway.
Both the exporter and his representative are legally responsible for
payments of VAT levies. The primary responsibility lies with the foreign
company. Only when it has not been possible to receive VAT payments from
the foreign company will the Norwegian tax authorities assign the
representative as legally responsible.

According to a 1977 Regulation, a foreign company that exports to
Norwegian customers from abroad is not subject to VAT duty. The primary
responsibility to pay VAT stays with the Norwegian customer. However, if
the exporter carries out the customs clearance and then delivers the
commodities directly to the customers in Norway, the exporter should
register. Also, foreign companies with their own storage facilities in
Norway must register. The Ministry of Finance issued a letter dated
September 1996 stating that registration by the representative is
acceptable.

## C. General Requirements on Trade Documents

On January 1, 2005, Norway introduced the European notification system
for transport of animal products and live animals, TRACES (TRAde Control
and Expert System). Imports of animal products from third countries to
Norway must be notified- by the importer- through the TRACES system. All
other food imports (from third countries) such as vegetable feed,
barley, potatoes and other non-animal food should be notified -- by the
importer -- through the specific Norwegian Matilda VAM-system. Matilda
VAM shall only be used for non-animal products. TRACES is used only for
live animals and animal products.

## D. CVED (Common Veterinary Entry Document)

From January 1, 2006, the Common Veterinary Entry Document (CVED)
functions as advance notice for the import of animal products from third
countries. No other specific import application or declaration is
needed. However, Norway requires the importer to be registered and thus
approved. The importer is responsible for filling out the CVED. The CVED
can be filled out electronically in TRACES and then sent to the one of
the Border Inspection Posts of the Norwegian Food Safety Authority,
Mattilsynet, for approval.

## E. Other Specific Health Related Requirements for Agricultural Imports

Please see Section VI C.

## F. Information on Tariff Rates and Related Levies

(See also SECTION VII A.)

The Customs tariff schedule provides specific information regarding
costs of importing particular commodities. The schedule can be viewed on
the following website:
<http://www.toll.no/templates_TAD/Tolltariffen/Contents.aspx?id=50984>

Additional information is available from the Norwegian Customs
Information Centre.

###### Consumption Based Levies Targeting Alcohol, Sweets and Tobacco

In addition to tariffs, Norway applies consumption taxes for specific
products. These special taxes are paid both by Norwegian producers and
importers indiscriminately and apply to the tobacco industry, breweries,
distilleries and the chocolate and sweets industry.

###### Food Production Tax -- Plant Health Tax -- Research Tax 

In addition to VAT and tariffs, Norwegian authorities have imposed a
food production tax on all goods related to foodstuffs with the
exception of water. The food production tax has been introduced as part
of a simplified model for the financing of the food authorities'
inspections and controls and is charged on both Norwegian as well as
imported goods.

Correspondingly, a plant health fee is charged for plant products.

Moreover, agricultural products (HS. Chapter 2 to 35 \-- 0.20-0.30%
depending on the tariff position) are charged a research fee at the time
of customs release. In practice this is done in conjunction with the
mandatory TVINN-registration (see G. below).

## G. Customs Clearance Procedures in Norway

All customs clearance of commodities shall be registered in the
Norwegian Business Information System TVINN (Tollvesenets
informasjonssystem med næringslivet). Norwegian customs clearance is
based on the principle of self-declaration. This means that the importer
declares the imported commodities through a transmission to TVINN.
Alternatively, the importer can fill out a blank SAD (Single
Administrative Document). In that case, the Norwegian Customs Authority
will carry out the TVINN registration based on the SAD declaration.

The Norwegian Customs Authority decides in each individual case the
extent of conformity checks needed. This control can be a simple
document check or actual physical control of the commodities. In recent
years, it has been more and more customary for checks to take place at a
later stage than the border posting, such as at the storage facilities
or bookkeeping of the owner of the imported goods.

In order to obtain approval for customs clearance, the owner of the
commodities should present an import declaration, SAD-document RG 0155
or RG 0157. The declaration must be signed by the owner or his
representative.

In addition to the import declaration, the following documents should be
presented by the owner or his representative:

\- Invoice

\- Contract of affreightment

\- Certificate of origin

\- Licenses (for commodities under import regulation or subject to
import restrictions

\- Other documents deemed necessary (by the Norwegian Customs
Authorities) to determine the tariff duty, weight, volume or value. Such
trade documents could for example consist of a pro-forma invoice or a
brochure. If the importer chooses the TVINN-declaration, the documents
listed above must not (unless upon direct request from the Norwegian
Customs Authorities) be presented prior to the specific time of customs
clearance.

More detailed information on registration can be found in the Guidance
published January 1, 2004, available at website of the Customs
Authorities, [www.toll.no](http://www.toll.no/)

## H. General Information on Customs Clearance -- CLASSIFICATION CODE IS ALWAYS THE KEY!

All kinds of goods can be classified according to the Harmonized
Commodity Description and Coding System, which is the basis of the
Norwegian Customs tariff. This code is the key to the determination of
which duty rate must be applied, as well as whether or not an import
license or permit is required for a commodity. This classification also
determines which other authorities are concerned---notably the Norwegian
Food Safety Authority Mattilsynet -- as regards allocation of tariff
reduced quotas.

The estimated length of the entire customs clearance procedure is to a
high degree dependent upon the commodity type. The Customs clearance
itself can be completed rather quickly; but for some commodities a
phytosanitary or veterinary certificate and clearance may be required.

The VAT rate for foodstuffs in 2006 is 13% but a higher rate of 25
percent applies to alcoholic beverages and tobacco products. Other taxes
and charges which could be charged include an equalizing charge, an
alcohol tax, a random sampling fee, a plant protection fee or a quality
control fee.

Additional information may be obtained by contacting the Customs
Information Centre.

Some commodities are fairly easy to classify while others may be more
difficult. In most cases, the General Directions and the comments to
each chapter of the tariff schedule can aid in this process. For
commodities that are particularly difficult to classify, it may be
advisable for the exporter/importer to contact his/her regional Customs
office and apply for a Binding Classification Ruling. This is a written
ruling stipulating the commodity code for a product. In Norway, only the
regional customs director is entitled to decide this. The period of
validity is 6 years. The application should be sent to the regional
office (to which the importer belongs) at the Norwegian Customs
Authorities before May 1 each year. The application form to be used is
RD-0009, obtained from the regional customs office. It should be
accompanied by samples, brochure, invoice, and import declaration. It is
only valid for the holder in whose name it was issued and cannot be
invoked by any other party.

###### Product Samples

In order to be exempted from tariff duty, the sample-size product
packages should be treated (deformed) in a way so that they may not be
illegally sold at a later date.

## I. Customs Clearance: Division of Burden Between the Importer and Exporter

In brief, the Norwegian procedure for customs clearance requires that
the importer present a Single Administrative Document (SAD).
Furthermore, an invoice (and eventual shipment invoice) should be
presented.

The responsibility of the exporter is, thus, limited to providing such
an invoice. It is normally not necessary to translate this invoice into
Norwegian. A commercial invoice should (according to paragraph 5.1.5 in
the Norwegian Customs law TLF) include the following particulars:

\- Name and address of the seller/supplier

\- Name and address of the buyer/recipient of the goods

\- Date and place when the invoice was issued

\- Order date, buying date, order number or order reference

\- Number and type of packages, gross weight and how the packages are
marked

\- Trade description of the goods -- type of goods, design, quality,
article number

\- Quantity of the goods -- net amount for each type of commodity

\- Price for each item (including currency)

\- Discounts, if any, and what kind of discounts are to be applied

\- All other information as regards:

terms of delivery

terms of payment

The Norwegian Customs Service can demand a translation in writing of
foreign invoices.

The Norwegian customs authorities normally accept a copy of the invoice
original.

A pro-forma invoice may be presented for shipments free of charge, e.g.:

\- Replacement deliveries and commodities supplied under guarantee

\- Samples and advertising items

\- Gifts

\- Goods returned to sender

\- Printed advertising material

A pro-forma invoice is a product description declaration specifying the
purpose. The commodity shipped will not be sold but must somehow be
declared to the customs authorities. A pro-forma invoice may only be
used in cases where a normal invoice does not apply.

In accordance with Norwegian administrative law, all decisions made by
authorities can be appealed. There is an appeal system for disputed and
rejected shipments. Decisions taken by the regional customs director
(Regiondirektøen) can be appealed to Toll-og Avgiftsdirekrtoratet --
three weeks from the date of decision.

# APPENDIX I: GOVERNMENT REGULATORY AGENCY CONTACTS

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height="2.1791666666666667in"}

1\. Information on product classification, tariff rates and procedures
for customs release:

www.toll.no

Toll- og avgiftsdirektoratet

Schweigaards gate 15

Postboks 8122 Dep.

0032 OSLO

Tel: + 47 22 86 03 00

Useful contact for questions: Tollvesenets informasjonssenter, tlf.: +47
0 30 12

Questions can also be e-mailed to: tad@toll.no

Below are listed the six regional customs areas. Over 80% of all imports
pass through the Oslo and Akershus customs posts.

Tollregionene

Tollregion Øst-Norge

Tollregion Oslo og Akershus

Tollregion Sør-Norge

Tollregion Vest-Norge

Tollregion Midt-Norge

Tollregion Nord-Norge

2\. Labeling, food legislation, health claims, pesticides, GMO, food and
animal health control measures:

For U.S. exporters and Norwegian importers, the key authority for food
legislation as well as enforcement thereof is in most cases Mattilsynet.
Therefore it is recommended that U.S. companies\-- or their import
agents\-- primarily contact Mattilsynet.

Mattilsynet is also the competent authority for the:

\- Animal Disease Act

\- Fish Disease Act

\- Animal Welfare Act

\- Veterinary Surgeons Act

Norwegian Food Safety Authority Phone: +47 23216800

E-mail: postmottak@mattilsynet.no

www.mattilsynet.no

Specific and detailed product-related questions:

Nasjonalt senter for Fisk og Sjømat

National Fish and Seafood Centre

Rosenkrantz gate 3

5003 Bergen

Tel + 47 55 21 57 00

Fax: + 47 55 21 57 07

Nasjonalt senter for dyr og animalsk mat

National Centre for Animals and Food

Kyrkjevegen 332

4325 Sandnes

Tel: + 47 51 68 43 00

Fax: + 47 51 68 43 01 /02 /03

Nasjonalt senter for planter og vegetabilsk mat

National Centre for Plants and Vegetable Food

Moerveien 12

1430 Ås

Tel: + 4764 94 44 00

Fax: + 4764 94 44 10

3\. Allocation of tariff quotas/import licenses:

Due to the high level of border protection for many products, imports at
reduced tariff rates are of considerable commercial importance. However,
many of the tariff reductions and tariff quotas are earmarked for EU
exporters through bilateral EU-Norway agreements. Tariff quotas are
allocated by www.slf.dep.no Statens landbruksforvaltning (SLF)
Telephone + 47 24 13 10 00, Fax + 47 24 13 10 05 E-post:
postmottak@slf.dep.no

4\. Questions regarding packaging materials, recycling scheme,
environmental protection rules:

The Norwegian Pollution Control Authority (SFT) is a directorate under
the Ministry of the Environment. Its main goal is to promote sustainable
development.

Statens forurensningstilsyn (SFT) www.sft.no

Telephone: +47 22 57 34 00, Fax: 22 67 67 06 \|postmottak@sft.no

5\. In order to import alcoholic beverages, a special permit must be
obtained. Applications for permits are handled by:

The Norwegian Medicines Agency

Sven Oftedalsvei 8

NO-0950 OSLO

NORWAY

Telephone: (+47) 22 89 77 00

Telefax: (+47) 22 89 77 99

Internet: www.noma.no

E-mail: post@noma.no

Some health foods may be classified as pharmaceutical products. The key
contact for such products is the Norwegian Medicines Agency (NoMA).
Statens Legemiddelverk is the national regulatory authority for new and
existing medicines and the supply chain. The agency is responsible for
supervising the production, trials and marketing of medicines. It
approves medicines and monitors their use, and ensures cost-efficient,
effective and well-documented uses of medicines. The inspectorate also
supervises the supply-chain. NOMA also regulates prices and trade
conditions for pharmacies.

# APPENDIX II. OTHER IMPORT SPECIALIST CONTACTS

Import Assistance: The aim of the Norwegian Food Import Council -
Importrådet for landbruksvarer -- is to keep itself informed and updated
on the state of play as regards food imports. It also provides some
guidance to the government as regards tariff measures needed for
safeguarding reasonable import competition. The State Agency - Statens
landbruksforvaltning (SLF) - leads this Council, where importers and
other interested parties representing the producer perspective are
represented. Moreover, SLF acts as a secretariat to the Norwegian Import
Council. More information is available on SLF's website.