Required Report - Public distribution

**Date:** 7/30/2007

**GAIN Report Number:** PE7012

PE7012

**Peru**

**Food and Agricultural Import Regulations and Standards**

**Annual Report**

**2007**

**Approved by:**

![](media/image1.wmf)Eugene Philhower

U.S. Embassy

**Prepared by:**

Violeta Gutierrez

**Report Highlights:**

Sections updated: Food Laws, Labeling Requirements, Food Additive
Regulations, Pesticide and Other Contaminants, Other Regulations and
Requirements, Other Specific Standards, Import Procedures and Government
Regulatory Agency Contacts. The FAIRS Report is based on Peruvian
regulations for importing food products. This report intends to help
U.S. exporters understand and meet local import requirements and,
consequently, facilitate trade between the U.S. and Peru.

Includes PSD Changes: No

Includes Trade Matrix: No

Annual Report

Lima \[PE1\]

\[PE\]

###### TABLE OF CONTENTS

SECTION I. FOOD LAWS *[Page 3 of 19]{.underline}*

SECTION II. LABELING REQUIREMENTS *[Page 7 of 19]{.underline}*

SECTION III. PACKAGING AND CONTAINER REQUIREMENTS *[Page 8 of
19]{.underline}*

SECTION IV. FOOD ADDITIVE REGULATIONS *[Page 8 of 19]{.underline}*

SECTION V. PESTICIDE AND OTHER CONTAMINANTS *[Page 9 of 19]{.underline}*

SECTION VI. OTHER REGULATIONS AND REQUIREMENTS *[Page 9 of
19]{.underline}*

SECTION VII. OTHER SPECIFIC STANDARDS *[Page 12 of 19]{.underline}*

SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAW *[Page 13 of
19]{.underline}*

SECTION IX. IMPORT PROCEDURES *[Page 13 of 19]{.underline}*

APPENDIX I: GOVERNMENT REGULATORY AGENCY CONTACTS *[Page 17 of
19]{.underline}*

APPENDIX II: OTHER IMPORT SPECIALIST CONTACTS *[Page 18 of
19]{.underline}*

**PERU: FOOD AND AGRICULTURAL IMPORT REGULATIONS AND STANDARDS (FAIRS)**

**DISCLAIMER: This report was prepared by the Office of Agricultural
Affairs of the USDA/Foreign Agricultural Service in Lima, Peru 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

Peru has a developed food safety and regulatory system. Overall
regulations are based on science, however the risk assessment and
rule-making process can be slow and burdensome. The Ministry of Health
(DIGESA) is the Peruvian counterpart to the Food and Drug Administration
(FDA) regarding sanitary supervision and registration for food and
beverages. The National Agricultural Sanitary and Phytosanitary Service
(SENASA), part of the Ministry of Agriculture, is responsible for
developing and implementing Peru's sanitary and phytosanitary
regulations and is the counterpart to APHIS and FSIS. Market access
issues for US meats were largely resolved during the TPA negotiations.
Peruvian standards and input requirements pose no major problems for
U.S. exports. Most market access issues relate to customs procedures,
including HS classifications, and inadequate or improperly completed
documentation.

**1.1 The General Health Law *(Law No. 26842 of July 20, 1997)***

This law contains the framework for food regulations on sanitary
supervision and control of food and beverage in Peru. This type of
regulation is related to various laws, supreme decrees and supreme
resolutions, and must be published in the official newspaper \"El
Peruano\" before being implemented.

The General Environmental Health Bureau (DIGESA), within the Ministry of
Health, is responsible for implementing most regulations regarding
processed food products.

The present regulations establish that:

-   Production and trade of food and beverages for human consumption are
    subject to supervision based on food sanitary standards.

-   It is prohibited to import, manufacture, trade, distribute or store
    food and beverages that have been adulterated, contaminated, altered
    or declared unfit for human consumption.

-   Food and beverages manufactured locally or in a foreign country can
    only be traded with the corresponding certificate of sanitary
    registration.

-   It is prohibited to import food and beverages from countries where
    distribution or consumption of the same product is not allowed due
    to health risk.

-   Personnel involved in production, handling, transportation,
    conservation, storage, outlay and supply of food and beverages must
    comply with sanitary standards to avoid contamination.

-   Facilities manufacturing, processing and supplying food and
    beverages must control the sanitary quality and food safety in
    accordance with the requirements of the Ministry of Health
    nationwide.

**1.2 Regulations of Sanitary Inspection and Control for Food and
Beverages *(Supreme Decree No. 007-98-SA of September 25, 1998)***

According to the provisions of the General Health Law and the General
Principles of Food Safety included in the Codex Alimentarius, the
present regulation establishes the general hygiene standards, health
conditions and requirements for the production, transportation,
manufacturing, storage, marketing, preparation and sale of food and
beverages for human consumption in Peru, including:

-   The conditions, requirements and procedures for the registration,
    modification and cancellation of food and beverage sanitary
    registration.

-   The regulations concerning inspection of the activities and services
    related to the production and distribution of food products.

-   The applicable measures and sanctions for food safety.

-   The organoleptic characteristics, chemical composition and
    microbiological conditions that apply to food and beverages.

-   The food quality and safety standards to which food and beverage
    manufacturers are subject, based on the Hazard Analysis and Critical
    Control Points (HACCP) system.

    3.  **Sanitary Supervision Agencies *(Title II, Supreme Decree No.
        007-98-SA)***

-   ***Ministry of Health--DIGESA*:** Responsible for sanitary
    supervision of food and beverage manufacturing, distributing and
    marketing.

-   ***Ministry of Agriculture-SENASA:*** Responsible for sanitary
    supervision of fresh fruits and vegetables and animal products such
    as dairy and meats for human consumption.

-   ***Vice-Ministry of Fisheries*:** Responsible for sanitary
    supervision for capture, transportation and processing of seafood
    products, as well as sanitary conditions at shipment ports.

-   ***Municipalities:*** Responsible for sanitary supervision of the
    establishments trading and manufacturing food and beverages. They
    work closely with DIGESA.

**1.4 Sanitary Registration of Processed Food and Beverages (*Title
VIII, Supreme Decree No. 007-98-SA)***

DIGESA is in charge of registering, re-registering, modifying,
suspending and canceling the sanitary registration of food and beverages
nationwide and also:

-   Makes mandatory the sanitary registration for processed food and
    beverages sold in Peru.

-   Defines industrial food and beverages as those finished products for
    human consumption that result from physical, chemical or biological
    processing of animal, plant or mineral inputs and which contain food
    additives.

-   Establishes which food and beverages are not subject to health
    registration, including: a) those in natural conditions, packed or
    not, such as grains, fruits, vegetables, meats, and eggs; b) free
    samples; and c) products donated by foreign charitable entities.

-   Establishes that a product's sanitary registration permits its
    manufacture, import or sale by the registration holder who will be
    responsible for the sanitary quality and safety of the food or
    beverage being sold.

-   Establishes product groups for sanitary registration purposes using
    a qualitatively similar mix of basic ingredients and food additives
    that identify the group as such.

**1.5 The Ministry of Agriculture** ***(Law Decree No. 25902 of November
29, 1992)***

Is responsible for promoting and developing the agricultural sector. It
is divided into three major organizations:

-   ***The National Agricultural Sanitary and Phytosanitary Service
    (SENASA):*** responsible for developing and promoting the
    participation of the private sector in the implementation,
    prevention, control and eradication of plant pests and animal
    diseases.

-   ***The Agricultural Research Service (INIA):*** modified by Law
    28987 of March 20, 2007, is responsible for research, technology
    transfer, technical assistance, preserving genetic resources, the
    production of high genetic value for seeds and plants for
    reproduction and zoning of crop and breeding areas countrywide.

-   ***The Natural Resources Service (INRENA):*** promotes the rational
    use and conservation of natural resources in conjunction with the
    private sector.

**1.6 The National Agricultural Sanitary and Phytosanitary Service
(SENASA)**

Is responsible for enforcing regulations governing domestic and imported
plants and animals and their respective products and by-products, and
for preventing foreign and exotic animal and plant diseases. It is
composed of three major offices:

-   ***Plant Health Office:*** responsible for protecting the health of
    plants and preventing the introduction and spread of foreign pests
    within Peru. It is similar to APHIS's Plant Protection and
    Quarantine in the United States. All U.S. unprocessed products of
    plant origin like bulk grains, fresh fruits and vegetables, nuts or
    seeds, can only be exported to Peru if accompanied by an APHIS
    phytosanitary certificate, complying with SENASA's import permit
    requirements. To clear customs, these products are subject to
    inspection by SENASA.

-   ***Animal Health Office:*** responsible for enforcing regulations
    governing the import and the export of live animals, semen, embryos
    and by-products of animal origin, as well as the registration of
    veterinary products. In cooperation with Peru's State governments,
    SENASA enforces federal laws and regulations to protect and improve
    animal health, control and eradicate animal diseases such as
    Food-and-Mouth Disease. It defends borders against foreign and
    exotic animal diseases. SENASA's regulatory responsibilities for
    live animals and animal genetics are similar to those ascribed in
    the United States to APHIS's veterinary services.

-   ***Farming, Livestock and Food Safety Inputs Office:*** responsible
    for supervising seed quality, control and registration for
    agricultural chemical pesticides, pharmaceuticals, food and
    biological products for animals, as well as registration and
    supervision of organics certification and agricultural production
    safety.

-   ***Port and Airport Callao Inspection Stations:*** functionally
    depend on the Animal and Plant Health Offices. These stations
    enforce regulations according to the agricultural health for trading
    domestic and imported agricultural products.

**1.7 The Ministry of Health *(Law Decree No. 584 of April 18, 1990)***

The Ministry of Health rules, guides and promotes the National Health
System to achieve a healthier environment. Concerning food products, it
is composed of two major organizations:

-   ***General Environmental Health Bureau (DIGESA):*** supervises,
    creates regulations and controls other agencies of the Ministry of
    Health and Municipalities within its three offices: basic services
    for health (water and drainage quality), ecology and environmental
    protection and food safety and animal disease control. The last is
    the Peruvian counterpart to the Food and Drug Administration (FDA)
    regarding food sanitary quality and safety supervision and the
    registration of processed food and beverages.

-   *[**General Direction of Pharmaceutical Products and Drugs
    (DIGEMID):**]{.mark}* is responsible for registering, modifying,
    discontinuing and canceling the sanitary registration of natural
    products for health use, dietetic products and sweeteners.

**1.8 Peru's Customs - SUNAT *(Law No. 24829 of June 8, 1998)***

On July 12, 2002 ADUANAS merged with the Tax Agency (SUNAT), Ministry of
Economy and Finances, by Supreme Decree No. 061-2002-PCM changing its
name to SUNAT. SUNAT-Customs controls the international traffic of
merchandise, collects tariffs and prevents and sanctions customs
offenses. It is divided into six offices, four of which are related to
import procedures and regulations: management and tariff collection,
sanction supervision, smuggling prevention and boundary control, and
technical customs, which regulates tariffs. SUNAT has offices in each
port and airport nationwide that work in conjunction with private
customs agencies.

**1.9 Ministry of Foreign Trade and Tourism *-* MINCETUR *(Law No. 27790
of July 23, 2002)***

Is responsible for defining, leading, carrying out, coordinating,
regulating and supervising foreign trade and tourism. It also has the
leading responsibility of negotiating trade agreements in coordination
with other Ministries, principally the Ministry of Foreign Affairs and
the Ministry of Economy and Finance.

**1.10 National Institute for the Defense of Competition and for the
Protection of the Intellectual Property - INDECOPI *(Law Decree No.
25868 of November 24, 1992)***

Within the Ministry's Presidential Council (PCM), INDECOPI promotes
loyal competence, protects all forms of intellectual property and
encourages applied knowledge of quality. Most important offices related
to trade include:

-   ***Office of Consumer Protection:*** protects consumer rights,
    especially the right to be properly informed about goods and
    services offered in the Peruvian market.

-   ***Office of Repression of Unfair Competition:*** enforces
    regulations regarding publicity to protect consumers and sanctions
    practices against trade in good faith.

-   ***Office of Dumping and Subsidies:*** regulates market distortions
    due to imports that enter Peru with subsidies or below market
    prices.

-   ***Office of Market Access:*** supervises public administration
    behavior in order to avoid market access barriers affecting economic
    agents.

-   ***Office of Technical and Trade Regulations:*** is the national
    standards agency. Prepares, approves and advertises Peruvian
    Technical Standards, which are adopted voluntarily by the industry.

**1.11 National Environmental Commission - CONAM *(Law No. 26410 of
December 22, 1994)***

Within the Ministry's Presidential Council (PCM), CONAM was established
as the decentralized National Authority over the political and
environmental management of the country. CONAM seeks to further economic
growth by taking advantage of natural resources while conserving
environmental health for the benefit of society and development. CONAM
manages the National System for Environmental Management (SNGA), which
rules environmental protection and conservation of natural resources
according to Law 28254 issued on January 28, 2005.

**SECTION II. LABELING REQUIREMENTS**

The Consumer Protection Office within INDECOPI is responsible for food
and beverage labeling inspection and advertising (Supreme Decree No.
007-98-SA). Penalties depend on criteria such as the seriousness of the
offence or the intention and behavior of the offender, and could range
from warning letters to approximately \$100,000 fines.

2.1 General Requirements

Every food and beverage packed for marketing must be labeled in
accordance with the provisions included in these regulations.

The label contents must comply with the provisions established in
INDECOPI's Peruvian Metrological Standards NMP 001:1995, Packed
products. Labeling, and Article No. 117 of the Supreme Decree No.
007-98-SA. An adhesive Spanish label needs to be applied before the
product reaches the point of sale. The information should include:

-   Name of the product.

-   Food additives and ingredients.

-   Manufacturer's name and address.

-   Importer's name, commercial name and address, phone, taxpayer's
    identification (RUC). This information may appear on a separate
    adhesive label.

-   Number of sanitary registration.

-   Expiration Date (shelf life, established by the manufacturer) as
    provided in the Codex Alimentarius or the applicable Peruvian
    sanitary standard.

-   Lot code or key.

-   Special conservation conditions, if any.

-   Net weight or volume of the content.

-   Country of origin.

-   Instructions for use.

Law 28405 of November 30, 2004 was passed concerning the labeling of
value-added products. This law declares labeling mandatory for
value-added products that are consumed, imported or manufactured and
sold nationwide in order to develop a national labeling system. The
ruling (Supreme Decree 020-2005-PRODUCE) lists the products to which
this law is applied, but may be subject to changes such as including
food products in the future. Depending on the type of product regarding
composition, dimension and other characteristics, labels must have: name
of product, country of manufacture and product validation (date of
expiration, conditions for storage and observations). In case imported
products do not meet these requirements, importers will be allowed to
properly label them in private storage before customs clearance.
INDECOPI will monitor labeling requirement at the retail/wholesale
level.

**SECTION III. PACKAGING AND CONTAINER REGULATIONS**

**3.1 Packaging *(Title VIII, Supreme Decree No. 007-98-SA)***

The package containing the product must be made of a harmless material,
free from substances that could affect its food safety. Likewise,
packages must be manufactured to preserve the product's sanitary quality
and composition throughout its useful life.

Packing made of metals, alloys or plastic should not:

-   Contain impurities consisting of lead, antimony, copper, zinc,
    chromium, iron, tin, mercury, cadmium, arsenic or other metals or
    metalloids that can be hazardous to human health in quantities or at
    levels above the maximum allowed limits.

-   Contain residual styrene, vinyl chloride, achrynolitryl monomers or
    any other residual monomers or substances that can be considered
    hazardous to human health in quantities or at levels above the
    maximum allowed limits.

-   The maximum levels allowed will be determined by the Ministry of
    Health's sanitary standards.

This provision also applies to any lamination, varnish, film, coating or
part of the package in contact with the foods and beverages. Packages
manufactured from previously used recycled paper, cardboard or plastic
are forbidden.

**SECTION IV. FOOD ADDITIVE REGULATIONS**

**4.1 Food additives *(Title VII, Supreme Decree No. 007-98-SA)***

-   ***Sanitary quality of inputs and food additives:*** inputs and food
    additives for food and beverage manufacturing must meet the health
    quality requirements established in the sanitary standards issued by
    DIGESA. The Consumer Protection Office of INDECOPI is responsible
    for sanctions on the subject.

-   ***Allowed Additives:*** food additives not permitted by the Codex
    Alimentarius are forbidden and they cannot be kept within food and
    beverage facilities. A complete list of approved food additives can
    be found at
    [www.codexalimentarius.net](http://www.codexalimentarius.net/).
    Flavorings accepted by the United States Food and Drug
    Administration (FDA), and the Flavor and Extractive Manufacturing
    Association (FEMA) are also allowed. For example, on October 10,
    2002 potassium bromate, formerly very popular in Peru as bakery
    ingredient, was declared unfit for human consumption.

**4.2 Sanitary Authorization for food additives** ***(Directorial
Resolution No. 0775/2003/DIGESA/SA of July 16, 2004)***

The importer should adjust to the following procedure to request the
sanitary authorization or its renewal in DIGESA
([www.digesa.sld.pe/formularios/aditivos.htm](http://www.digesa.sld.pe/formularios/aditivos.htm)):

-   Sign the application form that includes the name, address, RUC of
    the importer, contact information of the manufacturer and the list
    of products for which the sanitary authorization is being requested.

-   For each additive the importer needs to include the composition (in
    mg/kg and the numbering system -SIN- according to Codex
    Alimentarius), type of package, storage conditions, useful life,
    code system for the lot of production and physical-chemical and
    microbiological quality analysis issued by the manufacturer
    laboratory or other authorized laboratory in Peru.

-   Present the certificate of free trade and use issued by the health
    authority of the country of origin within the past year.

-   Payment for administrative procedures and inspection.

-   The sanitary authorization lasts six months from the date of issue.
    Issuing procedures will take approximately fifteen working days.

**SECTION V. PESTICIDE AND OTHER CONTAMINANTS**

SENASA is the agency responsible for the regulation of pesticides,
herbicides and fungicides used in fumigation of agricultural products.
Peru adopts Decision No. 436 and Resolution No. 630 of the Andean
Community (CAN) regarding registration and control of chemical
pesticides for agricultural use and Peru's Supreme Decree No.
016-2000-AG of May 8, 2000 and its amendment (Ministerial Resolution No.
0476-2000-AG of July 16, 2000) regulate the registration and control of
pesticides. Registration procedures are included in:
[www.senasa.gob.pe/importador_exportador/servicios/index.htm](http://www.senasa.gob.pe/importador_exportador/servicios/index.htm)

**5.1 Registration for Biological Pesticides**

SENASA requires that new importers and new pesticides be registered
following SENASA's Text of Administrative Procedures (TUPA). The
procedure for registering new pesticides is as follows:

-   Signed application by the legal representative and the technical
    advisor including technical information on the active ingredient and
    on the product such as type of container, product waste, toxicity
    and environmental effects.

-   Certificate of free trade and use.

-   Physical-chemical analysis, endorsed by the Peruvian Consulate and
    the Foreign Affairs Ministry, no older than one year.

-   Biological test results of research centers or specialized
    professionals.

-   Payment of approximately \$350; for renewal the cost is \$235.

**SECTION VI. OTHER REGULATIONS AND REQUIREMENTS**

[DIGESA is]{.mark} responsible for sanitary regulations that apply to
most processed food products, including their manufacture, in accordance
with the Codex Alimentarius.

**6.1 Food and Beverage Sanitary Registration (RSA) *(Law No. 26842 of
July 20, 1997, Supreme Decree No. 001-2002-SA of March 2, 2002)***

The importer is responsible for sanitary registration of food and
beverages or its renewal. The registration procedure is available at
[www.digesa.sld.pe/formularios/alim_beb.htm](http://www.digesa.sld.pe/formularios/alim_beb.htm).
The application form should contain the following information:

-   Name or commercial name, address, and RUC of the importer.

-   Manufacturer's name or commercial name, address and country of
    origin.

-   Product or group of products for which the Sanitary Registration is
    being requested.

-   Each product must include:

```{=html}
<!-- -->
```
-   The physical-chemical and microbiological quality analysis from the
    Plant quality control laboratory. Only the physical-chemical
    analysis could be performed by an authorized laboratory in Peru. For
    a list of authorized laboratories, please check:
    [www.indecopi.gob.pe](http://www.indecopi.gob.pe/) or
    [www.digesa.sld.pe/formularios/laboratorios.htm](http://www.digesa.sld.pe/formularios/laboratorios.htm).

-   The list of ingredients and quantitative composition of additives,
    identified by their generic name and international reference number
    or commercial name.

-   Preservation and storage conditions.

-   Information about the packing used, including types and materials.

-   Useful life under normal preservation and storage conditions. DIGESA
    does not require expiration date for alcoholic beverages others than
    beer.

-   Lot code system.

-   Nutritional properties for special diet food and beverages.

```{=html}
<!-- -->
```
-   Along with the application form signed, the exporter needs to submit
    the certificate of free trade, the future label (see Section II
    Labeling requirements), and the registration receipt (\$75
    approximately). If the certificate of free trade and use is not
    available, the importer should present a document issued by the
    Peruvian Consulate in the country of origin. All documents must not
    be older than one year from their date of issue. The corresponding
    translation into Spanish must be enclosed.

DIGESA authorizes the following U.S. agencies to issue the certificate
of free trade and use (please, check
[www.digesa.minsa.gob.pe/pw_dehaz/lista.pdf](http://www.digesa.minsa.gob.pe/pw_dehaz/lista.pdf)
for updates):

+------+--------+------------+----------+----------+--------+--------+
| **   | **Loca | *          | **Certi  | ######   | *      | *      |
| Agen | tion** | *Address** | ficate** |  Contact | *Telep | *Fax** |
| cy** |        |            |          |          | hone** |        |
+------+--------+------------+----------+----------+--------+--------+
| FDA  | L-Wash | 5600       | N/A      | N/A      | 1-     | N/A    |
|      | ington | Fishers    |          |          | 888-46 |        |
|      |        | Lane,      |          |          | 3-6332 |        |
|      | C-     | Rockville, |          |          |        |        |
|      |        | Maryland   |          |          |        |        |
|      | Miami  | 20875      |          |          |        |        |
+------+--------+------------+----------+----------+--------+--------+
|      |        | 5100 Paint | Food     | Irma     | (      | (      |
|      |        | Branch     | Products | Moran or | 202)41 | 202)41 |
|      |        | Parkway    | and      | Keisha   | 8-3069 | 8-3428 |
|      |        | College    | A        | Houston  | or     |        |
|      |        | Park, MD   | dditives |          | 41     |        |
|      |        | 20740      |          |          | 8-3358 |        |
+------+--------+------------+----------+----------+--------+--------+
|      |        |            | Drinks   | Q        | (      | (      |
|      |        |            | and      | uynh-Anh | 301)43 | 301)43 |
|      |        |            | Dairy    | Nguyen   | 6-2028 | 6-2651 |
|      |        |            | Products |          |        |        |
+------+--------+------------+----------+----------+--------+--------+
|      |        |            | Hydrobi  | Rochelle | (      | (      |
|      |        |            | ological | King     | 301)43 | 301)43 |
|      |        |            | Products |          | 6-1416 | 6-2601 |
+------+--------+------------+----------+----------+--------+--------+
|      |        |            | Nut      | Vincent  | (      | (      |
|      |        |            | raceutic | Keys     | 301)43 | 301)43 |
|      |        |            | Products |          | 6-1431 | 6-2636 |
+------+--------+------------+----------+----------+--------+--------+
| TDH  | H      | P.O. Box   | Food     | N/A      | (      | N/A    |
|      | ouston | 12008      |          |          | 512)71 |        |
|      |        | Austin, TX |          |          | 9-0246 |        |
|      |        | 78711      |          |          |        |        |
+------+--------+------------+----------+----------+--------+--------+
| ATF  | H      | N/A        | A        | N/A      | N/A    | N/A    |
|      | ouston |            | lcoholic |          |        |        |
|      |        |            | b        |          |        |        |
|      |        |            | everages |          |        |        |
|      |        |            | and      |          |        |        |
|      |        |            | tobacco  |          |        |        |
+------+--------+------------+----------+----------+--------+--------+

FDA: Food and Drug Administration, web site:
[www.fda.gov](http://www.fda.gov/)

TDH: Texas Department of Health - licensing and enforcement, web site:
[www.tdh.state.tx.us/bfds](http://www.tdh.state.tx.us/bfds)

TABC: Texas Alcoholic Beverage Commission, web site:
[www.tabc.state.tx.us](http://www.tabc.state.tx.us/)

ATF: Bureau of Alcohol, Tobacco, Firearms and Explosives, web site:
[www.atf.gov](http://www.atf.gov/)

[The sanitary registration is issued per product or group of products,
and per manufacturer. A group of products consist of those products
elaborated by the same manufacturer and with the same qualitative
composition of basic ingredients and food additives.]{.mark}

Current code numbering of the sanitary registration is included in the
certificate. Using an example, codification for imported and local foods
is as follows:

###### [Classification of Food and Beverage Groups for the Sanitary Registration]{.mark}

[]{.mark}

+----------------------------------+-----------------------------------+
| **Food and Beverage Category**   | **Food and Beverage Category**    |
+----------------------------------+-----------------------------------+
| [A. Milk and Dairy               | [J. Meat and meat                 |
| Products.]{.mark}                | products.]{.mark}                 |
|                                  |                                   |
| [B. Ice cream and Ice cream      | [K. Hydro biological products     |
| mixtures.]{.mark}                | (seafood).]{.mark}                |
|                                  |                                   |
| [C. Oil and fats.]{.mark}        | [L. Eggs and egg                  |
|                                  | products.]{.mark}                 |
| D.  [Freeze-dried, dehydrated or |                                   |
|     concentrated                 | [M. Salt, species, condiments and |
|     products.]{.mark}            | sauces.]{.mark}                   |
|                                  |                                   |
| [E. Cereals, pulses and          | N.  [Fruits and other vegetables  |
| by-products.]{.mark}             |     (including]{.mark}            |
|                                  |                                   |
| [F. Sugars, honey and            | [tubers and mushrooms).]{.mark}   |
| by-products.]{.mark}             |                                   |
|                                  | [O. Prepared food.]{.mark}        |
| [G. Confectionery.]{.mark}       |                                   |
|                                  | [P. Beverages.]{.mark}            |
| [H. Bakery and pastries.]{.mark} |                                   |
|                                  | [Q. Stimulant and spirit          |
| [I. Special diet food.]{.mark}   | beverages.]{.mark}                |
|                                  |                                   |
|                                  | [R. Canned food.]{.mark}          |
|                                  |                                   |
|                                  | [S. Food additives.]{.mark}       |
+----------------------------------+-----------------------------------+

[]{.mark}

Registration or renewal of registration of products in the Sanitary
Registry will be accepted if the file complies with all the established
requirements. *This procedure will take no more than seven working
days*. Observations will be forwarded to the importer for
accomplishment. Verification of the product's sanitary quality will take
place after the registration or renewal thereof in the Sanitary
Registry.

The sanitary registration of food and beverage will be valid for five
years from the date of issue. It may be renewed after an application is
filled by the registration holder between seven and sixty working days
before the registration's expiration date.

**6.2 Sanitary Authorization for Importing Samples of Food and Beverages
(less than 100 Kg. or equivalent)**

In order to import food and beverage samples, the importer or the
interested party should follow these steps:

-   Submit to DIGESA a sworn application
    ([http://www.digesa.sld.pe/formularios/18.pdf](http://www.digesa.sld.pe/requisitos_formulario.asp))
    detailing the product name, country of origin, weight and use.

-   Copy of the commercial invoice.

-   Copy of the airway bill or bill of lading or postal advice letter.

-   Registration receipt (\$55 approximately).

[]{.mark}

6.3 Certificate for Sanitary Registration of Current Registered Food and
Beverages

-   Once registered, food and beverages can be imported and sold by
    anyone. If applicable, DIGESA will issue a sanitary registration
    certificate for imported product on behalf of the interested part.

-   The importer and seller of a product under a sanitary registration
    certificate for imported product have the same responsibilities as
    the registration holder, concerning the sanitary quality and food
    safety of the product. In this case, the name or commercial name,
    the address and RUC of the importer must be printed or labeled on
    each package sold to consumers.

-   [The sworn application
    (]{.mark}<http://www.digesa.sld.pe/formularios/FUR.pdf>) [includes
    the contact information of the requesting company and the
    registration holder, the name or commercial name of the product, its
    sanitary registration number and the payment receipt (\$75
    approximately).]{.mark}

[]{.mark}

**SECTION VII. OTHER SPECIFIC STANDARDS**

**7.1 Endangered Species**

The Natural Resources Service (INRENA) is responsible for promoting the
rational use and conservation of natural resources and endangered
species. INRENA regulates the import and

export of endangered species animals and plants under the Convention of
the International Trade in Endangered Species of Wild Flora and Fauna
(CITES). INRENA services can be found in
[www.inrena.gob.pe/serusu/varios/tupa2006.pdf](http://www.inrena.gob.pe/serusu/varios/tupa2006.pdf).

**7.2 Marine Products**

The Vice-Ministry of Fisheries / PRODUCE
([www.produce.gob.pe](http://www.produce.gob.pe/)) is responsible for
sanitary supervision for fish captures, transportation and processing of
hydro biological products, as well as for ensuring sanitary conditions
of shipment ports. In addition, PRODUCE issues import permits for hydro
biological research species and aquaculture. The major laws and
regulations applied to fishery inspection programs for canned, frozen
and cured fish are issued in the Resolution No. 409-98-PE of August 25,
1998. DIGESA is responsible for issuing the sanitary registration
certificate for imported seafood products.

**7.3 Biotechnology Products**

Peru is a member of the Biosafety Protocol. The Biosafety Law No. 27104,
Law of Risk Prevention for Products Derived from Biotechnology, issued
in 1999, along with its Regulation (Supreme Decree No. 108-2002-PCM),
establishes CONAM as the authority for overseeing safety issues
concerning biotechnology products. This law also establishes a
counseling body, the National Committee of Biological Diversity
(CONABID), which advises sector institutions (INIA, DIGESA and Vice
Ministry of Fisheries) and proposes regulations to CONAM. CONABID is
formed by a variety of government agencies such as SENASA, the private
sector, international organizations and universities.

In addition, the regulation provides guidelines to protect human health,
the environment and biological diversity as well as to promote research
and development of biotechnology, with regard to its applications for
production, handling, research and servicing and intentional release of
Genetically Modified Organisms (GMOs).

For further information on Biotechnology please refer to our current
Biotechnology report.

[]{.mark}

**SECTION VIII. COPYRIGHT AND/OR TRADEMARK LAW**

INDECOPI ensures trademarks, copyrights and intellectual property
through three offices: distinctive marks, new technologies and
inventions (patents), and copyright.

**8.1 Trademarks**

The Office for Distinctive Marks is the agency in charge of the
registration of trademarks, brands, commercial names, slogans and
appellation d'origine and works accordingly to the Decision 486 of the
Andean Community about Industrial Property for Andean Countries and
Peruvian Law Decree 823 for the Industrial Property. Also, Peru is a
signatory to the Paris Convention for the Protection of Industrial
Property in compliance with the WTO agreements on trade-related aspects
of Intellectual Property Rights.

Registering brands and trademarks to ensure brand property is highly
recommended. Requirements are found on INDECOPI's text of administrative
procedures (TUPA) at [www.indecopi.gob.pe](http://www.indecopi.gob.pe/).
The cost per brand is approximately \$160.

**SECTION IX. IMPORT PROCEDURES**

**9.1 Import Procedures in Peru's Customs - SUNAT *(Supreme Decree No.
011-2005-EF of January 26, 2005) ***

For customs clearance the importer or local agent must present the
following documentation:

-   Customs Unique Declaration (DUA) paid, and issued in SUNAT and filed
    by a customs agent. The fee for DUA dispatch is approximately \$23.

-   Authenticated photocopy or carbon copy of the Airway bill or bill of
    lading.

-   Authenticated photocopy of the Commercial invoice.

-   Packing list.

-   Authenticated photocopy of the insurance document.

-   Authenticated photocopy of the Food sanitary registry (RSA) for
    processed food products issued by DIGESA, or the sanitary
    certificate for animals, plants or their by-products issued by
    SENASA.

-   Ticket or authorization for dispatch if requested.

Once the customs agent submits the DUA electronically, SUNAT will
determine the type of control for the merchandise within the following
channels: green, orange and red. Channel green permits delivery of the
product once duties are paid; channel orange requires review of the
documentation and channel red requires the review of the documentation
and physical inspection.

Once the U.S. -- Peru Trade Promotion Agreement (TPA) is implemented,
two-thirds of total U.S. food and agricultural products will benefit
from duty free entrance to Peru. For more information on the TPA, please
check the U.S. Trade Representative (USTR) website at:
[www.ustr.gov/Trade_Agreements/Bilateral/Peru_TPA/Final_Texts/Section_Index.html](http://www.ustr.gov/Trade_Agreements/Bilateral/Peru_TPA/Final_Texts/Section_Index.html).

Currently, the import tariff rate for food products ranges from 12 to 25
percent. Since May 2004, SUNAT evaluates imported products for duties
payment according to a fixed list of prices. All imports are subject to
a 19 percent local sales tax of the valuation price plus duties. Of this
amount, wine and liquors are assessed an additional selective consumer
tax (ISC) of 20 percent, water and sodas, 17 percent and beer 27.8
percent. Please, check for updates of Peru's Customs procedures at
[www.sunat.gob.pe](http://www.sunat.gob.pe/).

9.2 Customs Procedures for Anticipated Dispatch (*Anticipated Dispatch
System*)

The procedure begins before the arrival of the merchandise to Customs
and only if it is submitted to only one importer through one type of
customs systems. The importer should provide customs with the same
documents mentioned above, have RUC available and a record of at least
10 DUAs in the customs systems of importation, temporary admission,
temporary importation or customs warehouse within the previous 12 months
of the current DUA transmitted. In addition, the importer must not owe
Customs debts for above \$3,300 in fines.

**9.3 Customs Procedures for Importing Samples *(Simplified Import
Procedure)***

This procedure is used in order to import samples with no commercial
value (gifts that do not exceed \$1,000 FOB or products less than
\$2,000 FOB) and samples with commercial value (that do not exceed
\$2,000 FOB). Alcoholic beverages are always considered samples of
commercial value, which must pay import taxes and tariffs. Samples
should be made unusable for sale, by means of cuts, perforations,
inscriptions, unsealing or others. Once the Simple Declaration (DS) is
processed, the merchandise is always subject to inspection.

The owner of the merchandise, the consignee or the customs agent must
comply these requirements to clear SUNAT:

-   Simple Declaration (DS) issued by SUNAT and filled by the interested
    part.

-   Airway bill, bill of lading or postal advice letter.

-   Commercial invoice.

-   Identification card or passport or RUC of the importer.

-   Insurance letter.

-   Sanitary authorization for food processed products or sanitary
    certificate for animals, plants or their by-products.

**9.4 Import Procedures for Products of Animal and Plant Origin**

Before the product is shipped, the importer must request an import
permit from SENASA and forward it to the exporter, including all the
specific certification requirements. The exporter

will provide to the importer the corresponding official health
certificate of the country of origin. SENASA's inspector at the port or
airport of entry verifies the accomplishment of the import permit
requirements.

# For new products, both of animal or plant origin, SENASA requires risk assessment be carried out according to the Andean Community, the World Trade Organization (WTO) and the recommendations of the Animal Health World Organization (OIE) and the Codex Alimentarius as well as the sanitary conditions of the exporter country. 

All certificates for animals or plants or by-products must be error
free, no pen or ink changes, or have any other type of amendments. If
applicable the product must be packed in a material authorized for human
consumption, and labeled according to U.S. regulations. Also, the
product must identify its content, net weight and the facility where it
was produced, following SENASA's import requirements.

(Receipt for \$35 approximately)

> Include Customs
>
> documents

Receipt, Import Permit, Sanitary Certificate

The application for the import permit and SENASA's import procedures
(TUPA) are is available at:
[www.senasa.gob.pe](http://www.senasa.gob.pe/).

**9.4.1 Fresh, Chilled and Frozen Products or By-products of Animal
Origin**

Beginning with the implementation of the TPA, major trade barriers to
U.S. exports will be reduced or eliminated. Additionally, during
negotiations the U.S. and Peru resolved sanitary and phytosanitary
barriers to agricultural trade, including food safety certification for
beef and poultry. Pending issues are a change in certification for dairy
and pork products, which are not currently affecting imports, and a ban
on paddy rice.

The list of tariff codes for animals and their by-products subject to
import requirements from SENASA (Supreme Decree No. 051-2000-AG and
Chief Resolution No. 191-2000) is summarized in the following table:

## 

+----------------------------+-----------------------------------------+
| **Chapter/Tariff Code**    | **Description**                         |
+----------------------------+-----------------------------------------+
| > Chapter 1                | > Live Animals                          |
+----------------------------+-----------------------------------------+
| > Chapter 2                | > Meat and Edible Meat Offals           |
+----------------------------+-----------------------------------------+
| > Chapter 4                | > Milk, Dairy and Egg Products          |
+----------------------------+-----------------------------------------+
| > 0504                     | > Sausage Casings                       |
+----------------------------+-----------------------------------------+
| > 0511                     | > Bovine Semen and Embryos              |
+----------------------------+-----------------------------------------+
| > Chapter 41               | > Raw Hides, Skins and Leathers         |
+----------------------------+-----------------------------------------+
| > Chapter 51               | > Wool and Animal Hair                  |
+----------------------------+-----------------------------------------+

**9.4.2 Fruits and Vegetables, Commodities and Raw Agricultural
Products**

On January 4, 2003 SENASA issued plant health requirements for seeds and
vegetables of phytosanitary risk. Vegetable quarantine procedures and
phytosanitary risk categories were issued on August 24 and on October 3,
2003. On July 18, 2005, SENASA established specific plant health
requirements for imported botanical seeds. On October 26, 2005, SENASA
published the list of quarantine pests not present in Peru.

On February 28, 2005 by Directorial Resolution N. 0105-2005, SENASA
approved the Manual of Phytosanitary Procedures (harmonized from
International Regulation for Phytosanitary Measures - NIMF 15) for the
entry and exit of wood packaging used for International Trade enforced
on September 1, 2005.

The list of tariff codes for plants and their products subject to import
requirements from SENASA (Supreme Decree No. 032-2003-AG and Chief
Resolution No. 299-2003) is shown below:

+----------------------+-----------------------------------------------+
| **Chapter/HS Code**  | **Description**                               |
+----------------------+-----------------------------------------------+
| > Chapter 6          | > Live Trees and Plants, Bulbs, Roots and     |
|                      | > Flowers                                     |
+----------------------+-----------------------------------------------+
| > Chapter 7          | > Edible Vegetables and Tubers                |
+----------------------+-----------------------------------------------+
| > Chapter 8          | > Edible Fruits and Nuts                      |
+----------------------+-----------------------------------------------+
| > Chapter 9          | > Coffee, Tea and Spices                      |
+----------------------+-----------------------------------------------+
| > Chapter 10         | > Cereals                                     |
+----------------------+-----------------------------------------------+
| > Chapter 11         | > Products of the Milling Industry, Malt and  |
|                      | > Starches                                    |
+----------------------+-----------------------------------------------+
| > Chapter 12         | > Oilseeds, Miscellaneous, Grains, Hay and    |
|                      | > Straw                                       |
+----------------------+-----------------------------------------------+
| > Chapter 14         | > Other Vegetable Products                    |
+----------------------+-----------------------------------------------+
| > 1701 - 1702        | > Sugars and Syrups                           |
+----------------------+-----------------------------------------------+
| > 1801 - 1802        | > Cocoa, Grains and Waste                     |
+----------------------+-----------------------------------------------+
| > 2101 - 2103        | > Miscellaneous and Edible Preparations       |
+----------------------+-----------------------------------------------+
| > 2302 -- 2306       | > Food Industry Waste, Prepared Animal Feed   |
| >                    |                                               |
| > 2308 - 2309        |                                               |
+----------------------+-----------------------------------------------+
| > 2401               | > Tobacco, No manufactured                    |
+----------------------+-----------------------------------------------+
| > 4401, 4403 -- 4409 | > Woods                                       |
| >                    |                                               |
| > 4411 -- 4413       |                                               |
| >                    |                                               |
| > 4415               |                                               |
+----------------------+-----------------------------------------------+
| > 5201 -- 5203       | > Cotton and Cotton Waste                     |
+----------------------+-----------------------------------------------+

# U.S. counterparts of SENASA for Products of Animal and Plant Origin

  ----------------------------------- -----------------------------------
  **U.S. Agency**                     **Health Certificate for U.S.
                                      product**

  Animal Health Inspection Service    Fresh fruits and vegetables; live
  (APHIS)                             animals and animal by-products
                                      (including biological genetic
                                      material)

  Food Safety Inspection Service      Meats and by-products, for human
  (FSIS)                              consumption

  Agricultural Marketing Service      Milk and dairy products
  (AMS)                               
  ----------------------------------- -----------------------------------

**9.4.3 Processed Food Products**

In order to import processed food products, including alcoholic and
non-alcoholic beverages, documentation must be accompanied with the
corresponding food sanitary registry (RSA) granted by DIGESA.

**9.4.4 Appeals System for Disputed or Rejected Product**

The infringement of SUNAT procedures and sanctions are issued in the
Customs General Law Regulations (Supreme Decree No. 129-2004-EF) of
September 12, 2004. SUNAT notifies in writing the type of infringement
committed, giving 20 days to the importer to fulfill all requirements.
If the importer disagrees with SUNAT procedures or sanctions, he has the

right to appeal to the following entities: the Customs National Office,
the Prosecutor Court within the Ministry of Economy and Finance and the
Ministry of Justice.

**APPENDIX I: GOVERNMENT REGULATORY AGENCY CONTACTS**

**Ministry of Agriculture (MINAG)**

Minister: Eng. Ismael Benavides

Address: Av. Salaverry 655, Jesus Maria

Phone: (511) 315-5090

Fax: (511) 431-0109

Web site: [www.minag.gob.pe](http://www.minag.gob.pe/)

**The National Agricultural Sanitary and Phytosanitary Service
(SENASA)**

Director: Dr. Jose Espinoza

Address: Av. La Molina 1915

Phone: (511) 313-3300

Fax: (511) 313-3315

Web site: [www.senasa.gob.pe](http://www.senasa.gob.pe/)

*Plant Health:*

Contact: Dr. Jorge Barrenechea

Phone: (511) 313-3300

*Animal Health:*

Contact: Dr. Oscar Dominguez

Phone: (511) 313-3310

*Port Callao:*

Contact: Dr. Rosa Cusipuma

Phone: (511) 575-1599

*Airport Callao:*

Contact: Eng. Carlos Leiva

Phone: (511) 429-0367

**Natural Resources Service (INRENA)**

Chief: Dr. Isaac Angeles

Address: Calle Diecisiete No. 355, Urbanizacion El Palomar, San Isidro,
Lima 27

Phone: (511) 224-3298

Fax: (511) 224-3218

Web site: [www.inrena.gob.pe](http://www.inrena.gob.pe/)

**Ministry of Health (MINSA)**

Minister: Dr. Carlos Vallejos

Address: Av. Salaverry s/n. Cdra 8, Jesus Maria, Lima 11

Phone: (511) 431-0410 / (511) 315-6600

Fax: (511) 431-0093

Web site: [www.minsa.gob.pe](http://www.minsa.gob.pe/)

**General Environmental Health Bureau (DIGESA)**

General Director: Dr. Maria del Carmen Gastañaga

Address: Las Amapolas 350, Urbanizacion San Eugenio, Lince, Lima 14

Phone: (511) 442-8353 / 442-8356

Fax: (511) 422-6404

Web site: [www.digesa.minsa.gob.pe](http://www.digesa.minsa.gob.pe/)

*Food safety and Sanitary Registration*

Director: Eng. Paula Ramirez

Phone: (511) 442-8353

**General Direction of Pharmaceutical Products and Drugs (DIGEMID)**

General Director: Dr. Victor Alejandro Dongo

Address: Calle Coronel Odriozola 111, San Isidro, Lima 27

Phone: (511) 422-8456

Fax: (511) 422-8456

Web site:
[www.digemid.minsa.gob.pe](http://www.minsa.gob.pe/infodigemid)

**Ministry of Foreign Trade and Tourism (MINCETUR**)

Minister: Ms. Mercedes Araoz

Address: Calle Uno Oeste 50-60, Urb. Corpac, San Isidro, Lima 27

Phone: (511) 513-6100

Fax: (511) 224-3362

Web site: [www.mincetur.gob.pe](http://www.mincetur.gob.pe/)

**National Institute for the Defense of Competition and for the
Protection of the Intellectual Property (INDECOPI)**

President: Mr. Jaime Thorne

Address: Calle de la Prosa 138, San Borja

Phone: (511) 224-7800

Fax: (511) 224-0348

Web page: [www.indecopi.gob.pe](http://www.indecopi.gob.pe/)

**Vice Ministry of Fisheries** **(Ministry of Production)**

Viceminister: Mr. Alfonso Miranda

Address: Calle Uno Oeste No. 060, Urbanizacion Corpac, San Isidro

Phone: (511) 616-2222 / 415-1111

Fax: (511) 224-2950

Web site: [www.produce.gob.pe](http://www.produce.gob.pe/)

**National Environmental Commission (CONAM)**

President: Mr. Antonio Brack

Address: Av. Guardia Civil 205, San Borja

Phone: (511) 225-5370

Fax: (511) 255-1202

Web site: [www.conam.gob.pe](http://www.conam.gob.pe/)

**APPENDIX II: OTHER IMPORT SPECIALIST CONTACTS**

For a list of authorized laboratories in Peru, please refer to
[www.indecopi.gob.pe](http://www.indecopi.gob.pe/)

If you have any question or comments regarding this report or need
assistance exporting to Peru, please contact the Foreign Agricultural
Service in Lima at the following address:

U.S. Embassy Lima, Foreign Agricultural Service (FAS)

Mailing Address: Office of Agricultural Affairs, Unit 3785, APO AA 34031

Address: Av. La Encalada cdra. 17, Monterrico, Lima 33

Phone: (511) 434-3042

Fax: (511) 434-3043

E-mail: <Aglima@usda.gov>

For further information, check the FAS web site
[www.fas.usda.gov](http://www.fas.usda.gov/) or FAS Lima web site
[www.usdaperu.org.pe](http://www.usdaperu.org.pe/). Please, also refer
to our other current food market and import regulations related reports:
FAIRS Export Certificate; Exporter Guide; Food Processing Ingredients
Sector; Retail Food Sector and Hotel, Restaurant and Institutional
Sector.