G/TBT/N/PER/59  
23 May 2014  
(14-3084)  Page: 1/4  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  NOTIFICATION 
The following notification is being circulated in accordance with Article 10.6. 
 
1. Notifying Member: PERU 
If applicable, name of local governme nt involved (Articles 3.2 and 7.2):   
2. Agency responsible: Ministerio de Salud  (Ministry of Health) 
Name and address (including telephone and fax numbers and email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:  
Ministerio de Comercio Exterior y Turismo (Ministry of Foreign Trade and Tourism) 
3. Notified under Article 2.9.2 [X], 2. 10.1 [ ], 5.6.2 [ ],  5.7.1 [ ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided  in addition, where applicable): 
Industrially processed products containing added sugar, saturated fat and sodium and/or 
trans fats, which fall under the following tariff headings: 
 Code  Product description 
 02.09 Pig fat, free of lean meat, and poultry fat, not rendered or otherwise 
extracted, fresh, chilled, frozen, salted, in brine, dried or smoked. 
 02.10 Meat and edible meat offal, salted, in brine, dried or smoked; edible flours 
and meals of meat or meat offal. 
 03.05 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or 
during the smoking process; flours, meals and pellets of fish, fit for human consumption. 
 03.06 Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted 
or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crus taceans, in shell, cooked by steaming 
or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; 
flours, meals and pellets of crustaceans, fit for human consumption. 
 03.07 Molluscs, whether in shell or not, live, fresh, chilled, frozen, dried, salted or 
in brine; smoked molluscs, whether in shell or not, whether or not cooked before 
or during the smoking process; flours, meals and pellets of molluscs, fit for 
human consumption. 
 03.08 Aquatic invertebrates other than crustaceans and molluscs, live, fresh, 
chilled, frozen, dried, salted or in brine; smoked aquatic invertebrates other than 
crustaceans and molluscs, whether or not cooked before or during the smoking process; flours, meals and pellets of aquatic invertebrates other than crustaceans 
and molluscs, fit for human consumption. 
 04.02 Milk and cream, concentrated or cont aining added sugar or other sweetening 
matter. 
 
 04.03 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa. G/TBT/N/PER/59 
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   04.04 Whey, whether or not concentrated or containing added sugar or other 
sweetening matter; products consisting of natural milk constituents, whether or 
not containing added sugar or other sweetening matter, not elsewhere specified 
or included. 
 04.05 Butter and other fats and oils derived from milk; dairy spreads. 
 04.06 Cheese and curd. 
 08.11 Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, 
whether or not containing added sugar or other sweetening matter. 
 15.07 Soya-bean oil and its fractions, whether or not refined, but not chemically 
modified. 
 15.16 Animal or vegetable fats and oils and their fractions, partly or wholly 
hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, 
but not further prepared. 
 15.17 Margarine; edible mixtures or preparations of animal or vegetable fats or oils 
or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 15.16. 
 1601.00.00.00 Sausages and similar products, of meat, meat offal or blood; food 
preparations based on these products. 
 16.02 Other prepared or preserved meat, meat offal or blood. 
 16.04 Prepared or preserved fish; caviar and caviar substitutes prepared from fish 
eggs. 
 17.04 Sugar confectionery (including white chocolate), not containing cocoa. 
 18.06 Chocolate and other food preparations containing cocoa. 
 19.01 Malt extract; food preparations of flou r, groats, meal, starch or malt extract, 
not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations 
of goods of headings 04.01 to 04.04, not containing cocoa or containing less than 
5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included. 
 19.04 Prepared foods obtained by the swelling or roasting of cereals or cereal 
products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and 
meal), pre-cooked, or otherwise prepared, not elsewhere specified or included. 
 19.05 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not 
containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products. 
 2006.00.00.00 Vegetables, fruit, nuts, fruit-peel and other parts of plants, 
preserved by sugar (drained, glacé or crystallised). 
 20.07 Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, 
obtained by cooking, whether or not co ntaining added sugar or other sweetening 
matter. 
 
 20.08 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, 
whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included. 
 20.09 Fruit juices (including grape must) and vegetable juices, unfermented and 
not containing added spirit, whether or not containing added sugar or other 
sweetening matter. 
 
 21.03 Sauces and preparations therefor; mixed condiments and mixed seasonings; 
mustard flour and meal and prepared mustard. 
 21.04 Soups and broths and preparations therefor; homogenised composite food 
preparations. 
 2105.00 Ice cream and other edible ice, whether or not containing cocoa. 
 21.06 Food preparations not elsewhere specified or included. G/TBT/N/PER/59 
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   22.02 Waters, including mineral waters and aerated waters, containing added sugar 
or other sweetening matter or flavoured, and other non-alcoholic beverages, not 
including fruit or vegetable juices of heading 20.09. 
5. Title, number of pages and lang uage(s) of the notified document: Proyecto de 
Reglamento que establece los parámetros técnicos sobre los alimentos y bebidas no 
alcohólicas procesados referentes al alto contenido de azúcar, sodio y grasas saturadas y de la reducción gradual de grasas trans hasta su eliminación  (Draft Regulation 
establishing the technical parameters for determining whether processed foods and non-
alcoholic beverages have a high sugar, sodium and saturated fat content, and providing for the gradual reduction and eventual elimination of trans fats) (6 pages, in Spanish) 
6. Description of content:  
The notified draft Technical Regulation establishes the following: 
a. The technical parameters for determinin g whether an industrially processed food 
product or non-alcoholic beverage destined for human consumption has a high sugar, sodium or saturated fat content, so that this fact can be stated on the product label or where the product is advertised; and 
b. the gradual reduction and eventual elimination of trans fats in processed foods and 
non-alcoholic beverages. 
This gradual reduction will take place in two stages: 
a. Six months from the entry into force of the Technical Regulation, the use and/or 
content of trans fats will not exceed: 
i. For fats, vegetable oils and margarines: 2 g of trans fatty acids per 100 g or 100 ml of 
fat; 
ii. for other processed foods and non-alcoholic beverages: 5 g of trans fatty acids per 100 
g or 100 ml of fat. 
b. 36 months from the entry into force of the Regulation, trans fats resulting from 
hydrogenation will no longer be used in any processed food or non-alcoholic drink. In the 
case of products containing trans fats of a technological origin other than hydrogenation, the national health authority will only grant the relevant authorization if it can be proved, 
on the basis of scientific and technological ev idence, that the content of trans fats has 
been reduced to the lowest level possible with the processing technology used and that there is no technological substitute allowing for total elimination. 
The provisions established in this draft Regulation do not cover: 
a. Unprocessed foods and non-alcoholic beverages in their natural state; b. foods that have undergone primary or minimal processing; c. prepared foods for immediate consumption, which are covered by the relevant 
legislation; 
d. processed foods and non-alcoholic beverages in which sugar, saturated fats, sodium 
and trans fats occur naturally, i.e. products to which none of these elements have been 
added. G/TBT/N/PER/59 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable: Protection of human health with a vi ew to helping to reduce the risks 
associated with diet-related chronic non-communicable diseases. 
8. Relevant documents:  
- Ley N° 30021, Ley de Promoción de la Alimentación Saludable para Niños, Niñas y 
Adolescentes  (Law No. 30021, Law to promote healthy eating among children and 
adolescents) 
- Guidelines for use of nutrition and health claims - CAC/GL 23-1997 (Rev. 2013. Annex 
adopted in 2009) 
9. Proposed date of adoption: 
Proposed date of entry into force:   - 
- 
10. Final date for comments: 18 August 2014 
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresse s, if available, of other body:  
http://www.comunidadandina.or g/reglamentos/SIRT.htm 
http://www.mincetur.gob.p e/reglamentostecnicos 
http://www.minsa.gob.pe/trans parencia/dge_normas.asp 
http://www.minsa.gob.pe/por tada/docconsulta.asp 
Address, telephone and fax numbers an d email and website addresses, if 
available, of other body:  
Ministerio de Comercio Exterior y Turismo - MINCETUR Calle Uno Oeste Nº 50 
Urb. Corpac 
Lima 27 Peru Tel.: (+51-1) 513-6100, Ext. 8022 
Fax: (+51-1) 513-6100, Ext. 8002 
Email: otc@mincetur.gob.pe  
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