International Trade Regulation Database
Users are reminded that international trade regulations and standards change with speed and frequency and that information from one source sometimes contradicts information from other sources. This database attempts to compile data from numerous sources. Users should be aware that because different sources are used, there could be errors or omissions. The user accepts that the information is only intended to be an initial reference. The user understands that there is no assurance that this reference material is error free, and that no one involved in compiling or distributing this reference material shall be liable for any damages arising out of its use. Commercially important information should be rechecked and verified with knowledgeable parties in the country of interest prior to sale or shipment.
Tariff Summary
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There have been no major recent developments relevant to the confectionery industry. Proposed and Pending Requirements | ||||||||||||||
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There currently is no information available. Standards of Identity | ||||||||||||||
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The National Administration of Medicine, Food, and Medical Technology (Administration Nacional de Medicamentos, Alimentos y Technicos Médica, ANMAT) of the Ministry of Health (Ministerio de Salud) is the regulatory authority for food standards. The Argentine Food Code (Código Alimentario Argentino) provides definitions and standards for confectionery products under Chapter 10 and cocoa and chocolate products under Chapter 15. These standards include product definitions and descriptions, sales denominations, required properties, permitted additives, labeling information, and prohibited substances. More detailed information, in English, is available in the attached document. Confectionery Products Standards of identity are included in Chapter 10 for the following products:
Cocoa and Chocolate Products Standards of identity are included in Chapter 15 for the following products:
Ingredient Allowances | ||||||||||||||
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Food Additives The Ministry of Health and the Ministry of Agriculture, Livestock, and Fisheries jointly regulate food safety in Argentina under the Argentina Food Code (Código Alimentario Argentino). General food additive regulations can be found in Chapter 18, while food additive regulations specific to candies, chocolate, and chewing gum can be found in Chapter 10. The Code is amended periodically throughout the year; current proposals can be found on this page. (Sources:The National Food Commission, Argentinian Food Code, National Food Institute) Packaging and Labeling Requirements | ||||||||||||||
Packaging and Container RegulationsThe Argentine Food Code contains detailed packaging regulations under Chapter Four. In general, food packaging must be manufactured with authorized materials that correspond to stated specifications, have closures that prevent involuntary opening under reasonable conditions, and may not transfer undesirable, toxic, or polluting substances to food (outside specified tolerance levels), or modify the compositional or sensory characteristics of the food. Chapter Five of the Argentine Food Code specifies that the capacity of a food product’s packaging must be related to the actual volume of the product, and should not be more than 10% larger than the food it contains (for opaque, hermetically sealed containers), or 5% larger (for transparent food containers). (Source: Argentine Food Code) Labeling RequirementsLabels for processed food products are regulated under the Argentine Food Code (Código Alimentario Argentino), particularly under Chapter Five (“Rules for Food Labeling and Advertising”), though individual food standards throughout the Code also include product-specific labeling stipulations. In general, packaged foods should not be labeled with any false, insufficient, confusing, or misleading information (whether verbal, pictorial, or otherwise); may not attribute any medicinal, therapeutic, or other health-related properties to the food; and may not highlight the presence or absence of ingredients that are intrinsic to or characteristic of the food. Labeling from the country of origin is generally permitted, but a corresponding Spanish label must be affixed when the original is in another language. This Spanish-language sticker can be added at the place of origin, or, after an application is filed with the Ministry of Health, at the destination. It should include the following information, in text of at least 1 mm in size:
For foods which require special precautions for their preservation (e.g., frozen foods), these precautions should be indicated; for instance, a different expiration date may be given for different storage temperatures. Expiration date markings are not required for confectionery products consisting of flavored and/or colored sugars, such as candies and pastilles, or chewing gum.
The content of other nutrients may also be stated; for instance, vitamins and minerals may be listed so long as they are present in an amount at least 5% of their Recommended Daily Intake. Small food packages, whose main labeling surface is less than 10 cm2, are exempted from these labeling requirements, but must include at least the denomination and brand name of the product. The container holding the small units must present all of the mandatory labeling information. For products labeled with nutritional declarations such as “Light”, “Low”, “Reduced”, “High”, “Source of”, and similar, Chapter Five of the Argentine Food Code specifies detailed nutritional parameters that must be met. Allergens and other substances capable of producing adverse reactions in susceptible individuals must be declared following the ingredient list on the label. These substances include:
These ingredients must be stated on the label (in bold, capital letters of at least 2 mm), within one of the following phrases:
In cases where one of these substances is not an ingredient in the food, but there is a possibility of accidental contamination during the manufacturing process, the manufacturer should submit an affidavit to Ministry of Health stating “that even after applying GMP, there is a possibility of accidental contamination during the manufacturing process due to…” a stated justification. The Ministry of Health may then approve the use of one of the following warning phrases for inclusion on the label:
For food containing non-nutritive sweeteners, tartrazine, benzoic acid or its calcium, potassium or sodium salts, or sulfur dioxide or its derivatives, the label must declare their presence by means of a legend stating CONTIENE........ (indicating the full name of the additive), as long as the specific name of the mentioned additives is not indicated in the list of ingredients on the label. With reference to aspartame, the presence of phenylalanine should be indicated for phenylketonurics and, for all non-nutritive sweeteners, their concentration should be indicated. Additional product-specific labelling requirements are stated in the identity standards under Chapter 10 (confectionery products) and Chapter 15 (chocolate/cocoa products) of the Argentine Food Code. More detailed information can be found in the attached document. GMO Labeling Requirements According to the Library of Congress, Argentina does not currently require food containing GMO ingredients to be labeled as such, but is considering enacting such regulation in the future. (Source: Argentine Food Code) Documentation Requirements | ||||||||||||||
Import LicenseIn 2015, Argentina’s Federal Administration of Public Revenues published General Resolution 3823 (in Spanish) in the country’s official bulletin. The resolution, which entered into force on December 23, 2015, was designed to facilitate foreign trade by establishing a new import management system. Specifically, Resolution 3823 implements the ‘Comprehensive Import Monitoring System’ (known as SIMI) as a replacement to Argentina’s previous ‘Import Affidavit System' (known as DJAI). In 2015, a World Trade Organization (WTO) Dispute Settlement Body (DSB) found Argentina’s DJAI procedures to be incompliant with certain articles of their WTO agreement. Ultimately, Argentina agreed to implement appropriate changes to its DJAI procedures by December 31, 2015. A summary of the case, which was originally initiated by the United States, can be found here. The implementation of SIMI, which is characterized by Argentinian officials as an expedited import approval system, has been welcomed by foreign exporters targeting the Argentinian market. Under the new system, imports of [cherries/table grapes/confectionery products/potato products] are eligible for Automatic Import Licenses (AIL), which require information on the importer, country of origin, HS code, product description, state of the merchandise, number of units, and the value of the shipment in U.S. dollars FOB. Approvals for AIL applications are normally expected within ten days. It is important to note that a pre-shipment inspection in the country of origin may be requested before the product is shipped. An international certification company appointed by the Argentinian government must perform this inspection to compare the merchandise being shipped with the price paid for the exported product in order to avoid under-invoicing, counter unfair competition, and prevent tax evasion. (Source: Argentina FAIRS Country Report 4JAN2018, Argentina GAIN Report 7JAN2016) Import Documentation RequirementsAll imports entering Argentina by ship require the following documents:
All imports entering Argentina by air require the following documents:
Detailed information on the documentation requirements listed above can be found in Export.gov’s Argentina Country Commercial Guide. Certificate of Free CirculationOnce processed food shipments enter Argentina, a Certificate of Free Circulation must be obtained before further movement can occur. The Certificate of Free Circulation can be obtained from the National Food Institute (Instituto Nacional de Alimentos – INAL, a subsidiary agency of ANMAT). The requirements for the certificate are as follows:
Note: Importers are only required to apply once for an RNPA. However, a Certificate of Free Circulation is required every time a product is imported. (Source: Argentina FAIRS Country Report 4JAN2018) Trademark Laws | ||||||||||||||
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All brands and trademarks must be registered in Argentina to ensure brand ownership. The National Institute of Industrial Property (Instituto Nacional de la Propiedad Industrial - INPI) is the Argentinian trademark authority and the Trademark Law No. 22.362 (Ley de Marcas 22.362) provides the regulatory framework for trademark registration. This law was most recently amended on January 11, 2018. To apply for trademark, an application must be filed with INPI, and must include the following information:
After an application is filed, INPI performs a first formal examination to determine whether the preliminary requirements have been fulfilled. If the INPI has no objections, a notice of the registration will be published in the Bulletin of Trademarks (Boletin de Marcas). Within 30 days after the application has been filed, INPI searches for records of the requested trademark and decides whether it can be registered. During this period, any third party potentially affected by registration of the requested trademark can file an opposition to the registration. If the terms expire with no opposition and with INPI approval, the trademark is granted. If anyone files an opposition or finds any record regarding the trademark, the applicant will have three months after INPI notification to obtain withdrawal of any opposition and to provide the information requested by the INPI. Argentina’s trademark fees were raised as of October 2017, and are listed in the Annex to Resolución 311-E/2017. These include the following (denominated in Argentine pesos):
Trademarks are valid for ten years and may be renewed indefinitely for subsequent ten-year periods, so long as the trademark was used commercially within five years prior to each expiration. Argentina is included on the U.S. Trade Representative's Priority Watch List for intellectual property protections. Identified deficiencies include a lack of effective enforcement and a thriving trade in counterfeit and pirated goods in Buenos Aires. However, in 2016 and 2017, Argentina introduced several legislative measures intended to improve IP protections and enforcement. (Sources: Argentina FAIRS Country Report 4JAN2018, The National Institute of Industrial Property, USTR 2017 Special 301 Report, Ley de Marcas 22.362, Resolución 311-E/2017) Other Import Requirements | ||||||||||||||
Importer Registration RequirementsBefore importing a food product into Argentina, importers must register their product under the National Register of Establishments (Registron Nacional De Establecimientos - RNE). To register, the following items must be submitted:
The RNE is valid for five years. (Source: Argentina FAIRS Country Report 4JAN2018) Product Registration RequirementsAfter obtaining the RNE, the importer must then register the product by obtaining a National Register of Food Products (RNPA) number. The application must include:
One an RNPA is obtained for a particular product, it is not necessary to obtain a new one for each additional import of that product. However, a new Certificate of Free Circulation is required for each shipment. (Source: Argentina FAIRS Country Report 4JAN2018) Solid Wood Packing MaterialArgentina adheres to the FAO’s International Standard for Phytosanitary Measures #15 (ISPM 15) on solid wood packing material (SWPM). All SWPM that arrives in and transits through Argentina must be free of insects and signs of biological activity, debarked, treated, and certified by the corresponding mark. More information on ISPM 15 can be found here. Argentina’s latest resolution adopting the standard can be found here. In-Country Resources | ||||||||||||||
StandardsNational Administration of Medicine, Food, and Medical Technology (Administration Nacional de Medicamentos, Alimentos y Technicos Médica) Ministry of Health (Ministerio de Salud) Av. De Mayo 869 (C1084AAD) Ciudad Autonoma de Buenos Aires, Argentina Tel: (54-11) 4340 0800 Web: www.anmat.gov.ar Food Regulation and Content AuthorityNational Food Institute (Instituto Nacional de Alimentos - INAL) Ministry of Health (Ministerio De Salud) Estados Unidos 25 Buenos Aires, Argentina Tel: (54-11) 4342-5674 Web: www.anmat.gov.ar Tariffs and Excise DutyArgentina Customs (Aduana Argentina) Azopardo 350 1er piso (ala derecha) Ciudad Autónoma de Buenos Aires Buenos Aires, Argentina Tel: (54-11) 4338-6400 E-mail: [email protected] Web: www.afip.gov.ar TrademarksNational Institute of Industrial Property (Instituto Nacional de la Propiedad Industrial - INPI) Paseo Colón 717 C.P. 1063 Buenos Aires, Argentina Tel: (54-11) 4344-4902 Fax: (54-11) 4344-5286 E-mail: [email protected] Web: www.inpi.gob.ar US Agricultural RepresentativeAmerican Embassy, OAA, Buenos Aires Av. Colombia 4300 C1425GMN Buenos Aires Mailing Address: Office of Agricultural Affairs American Embassy Buenos Aires Unit 3130 APO AA 34034-0001 Tel: (011-54-11) 5777-4627 Fax: (011-54-11) 5777-4216 E-mail: [email protected] Web: https://ar.usembassy.gov/embassy/buenos-aires/sections-offices/fas/ US Business RepresentativesArgentina-American Chamber of Commerce Viamonte 1133, Piso 8 C1053ABW Buenos Aires, Argentina Tel: (54-11) 4371-4500 E-mail: [email protected] Web: www.amchamar.com.ar |