FOLLOW-UP PRODUCTS

Decree 1812/92

Applying standards for pre- and post-position controls, for imports of animal or vegetable products.

Bs, As; 29/9/92

VISTO Expedient No. 610.539/92 of the Register of the SECRETARIAT OF INDUSTRIA AND TRADE and the Nros Decrees. 2092 of 10 October 1991 and 2284 of 31 October 1991 and

CONSIDERING:

Article 32 of Decree No. 2284/91 makes it compulsory to publish an orderly text of the rules governing health interventions for imports of food products.

That the above-mentioned Decree has among its objectives to facilitate foreign trade, without prejudice to the implementation of the medical police.

That the intervention of the MINISTERY OF HEALTH and SOCIAL ACTION, of the NATIONAL SERVICE OF ANIMAL SANITY (SENASA) and of the ARGENTINE INSTITUTE OF SANITY and VEGETAL CALITY (IASCAV) in the areas of brothological control, sanitary-sanitary, phytosanitary, zoosanitary and of quality for the distribution of the processing, transparent

It is also considered appropriate to unify the rates and tariffs for the registration of products in the national, provincial and municipal order.

On an equal basis, the national, provincial and municipal authorities consider it appropriate to establish a uniform tariff by the competent health authority throughout the country.

Accordingly, a common text should be issued which governs such interventions, without prejudice to the provisions of article 32 of Decree No. 2284/91, in order to establish simple, well-defined and rigorous procedures, and the above-mentioned bodies should bring their regulations into line with this Decree.

That the present is dictated in the use of the powers arising from article 86 (1) and (2) of the NATIONAL CONSTITUTION.

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1- The pre- and post-position controls, in the case of imports of animal or vegetable food products, shall be governed by the rules set out in articles 22 to 26 of Decree No. 2284/91 on Economic Deregulation and by this Decree.

Art. 2° — The hygienic-sanitary and prankological controls, of quality, stability, packaging and transport that corresponds to the imports of products, by-products or derivatives of animal non-conditional origin for their direct sale to the public, will be carried out by the NATIONAL SERVICE OF ANIMAL SANITY (SENASA) and will be performed prior to the entry to the place of the goods.

Art. 3rd - The phytosanitary, quality and transport controls of raw materials and food products of non-conditional plant origin for direct sale to the public, will be carried out by the INSTITUTO ARGENTINO DE SANIDAD y CALIDAD VEGETAL (IASCAV) and will be carried out prior to the entrance to the market.

Art. 4° - Non-conditional products, by-products or derivatives for direct sale to the public, including articles 2 and 3 of this Decree, include raw materials or products in process for the elaboration, fractionation or modification of the original characteristics.

The above-mentioned services will be able to adjust such prior control depending on the frequency of imports of the same products and considering the background of the importer, the foreign supplier and the health control in the country of origin.

Art. 5° - Imports of the food products conditioned for direct sale to the public whose stability is assured and which have been registered in the Argentine Food Code will be subject to the sanitary and practising hygienic controls after their entry to square, which will be carried out by the MINISTERY OF HEALTH and SOCIAL ACTION. Such control may not prevent the commercial disposition of the goods by the importer.

Art. 6° - The product shall be considered to comply with the conditions of stability required in the preceding article when the importer demonstrates, at the time of the registration of the product, that the product meets the requirements of processing, packaging and transport, in accordance with the requirements required by the competent health authority, which shall record the indication of stability in the respective certificate, as well as the authorization to dispatch to square without prior control.

Art. 7° - Where food products conditioned for direct sale to the public do not have the certificate of stability set out in articles 6 and 17 of this Decree, or when at the time of importation signs of deterioration or loss of stability are present, the competent health authorities may require control prior to entry to square. In the last case, the decision may be claimed in the act by the importer, having the respective health authority, to respond within the CUARENTA and OCHO (48) hours, after consultation at the higher hierarchical level.

Art. 8° - Where there are duly substantiated reasons, with reliable and proven information, to presume the existence of risks to human, animal or plant health, by introducing food products into the country, the MINISTERY OF HEALTH and SOCIAL ACTION, the SENASA and the IASCAV, in their respective areas of competence, may in any case have the appropriate health controls, with a prior basis to the office to import.

Art. 9° - In all cases covered by articles 2 and 3 of this Decree, the preliminary inspection of the verification of health documentation and the conditions of transport of products shall also be completed.

Art. 10 - A period of up to CATORCE (14) days is set for the release of food products that require pre-checking to place; they must enter the importer's deposit without the right to use before obtaining the certification of their aptitude, granted by the competent health authority.

Without prejudice to this maximum period, health-control services will reduce the same in each case, based on the duration of appropriate technical analyses and studies.

Art. 11 - The customs service shall proceed to the automatic release of the food products obtained by article 5 of this Decree. In the case of products requiring prior control of the office to square according to articles 2, 3, 7 and 8 of this Decree, the customs service shall require prior to the release of the goods, the respective authorization of the health control services.

Art. 12 - In the absence of the authorization or exemption provided for in the previous article, the customs service shall authorize the delivery of products without the right to use, at the request of the importer. To that end, the latter shall expressly declare in the Office of Importance, that it is a faithful depository of the goods, without the right to use, and that it undertakes to prevent its deterioration and/or pollution until the competent health authority is issued in this regard, indicating domicile of the place of its deposit.

Art. 13 - For the purposes of pre-shipment control to a place established in Article 10 of this Decree, the customs service will identify a representative sample of each import before proceeding to the delivery of the goods without the right to use. The sample size should respect general technical criteria for acceptance in international trade.

Art. 14 - Where the importer does not submit the relevant authorization or exemption within the time limit set by article 10 of this Decree, for reasons attributable to this Decree, the customs service shall proceed in accordance with the provisions of articles 449 et seq. of Act No. 22,415.

The destruction, unutilization or re-export provided for by the Argentine Customs Code shall be carried out by the customs service and the competent health authority, the costs required by the importer shall be borne by the importer, without prejudice to its liability for infringement of the Criminal Code and any other penalties that may be appropriate to it.

Art. 15 - The MINISTERY OF HEALTH AND SOCIAL ACTION and the competent Provincial and Municipal Agencies, in accordance with the current legislation, shall be in charge of the registration of the food products provided for in the Argentine Food Code, except those of animal origin imported or produced in the country, in establishments subject to the SENASA's Controller, which shall be registered with the Agency. The MINISTERY OF HEALTH AND SOCIAL ACTION and the SENASA shall establish in the term of TREINTA (30) days of the publication of this Decree, the list of products considered of animal origin for the purposes of the registration.

Art. 16 - Importers of the products covered by Article 5 shall, at the time of registration, comply with the requirements set out in Article 4 of Annex II of Decree No. 2126/71, text according to Article 2 of Decree No. 2092/91.

Art. 17 - In order to comply with the indication of stability and authorization for the office established in Article 6 of this Decree, the services responsible for the registration of food products shall, at the request of the importers, provide a supplementary certificate, in the case of products registered prior to the date of the present Decree.

Art. 18 - For the purposes of the second and third paragraphs of Article 2 of Annex I to Decree No. 2126/71, as per article 1 of Decree 2092/91, the requirements of the Argentine Food Code shall be deemed satisfied, in the case of imports of food products conditioned for direct sale to the public, from the following countries:

- Countries of the European Economic Community

- UNITED STATES OF AMERICA

- NEW ZEALAND

- SUECIA KINGDOM

- SWITZERLAND CONFEDERATION

- JAPON

- AUSTRALIA

- NORUEGA

- CANADA

- ISRAEL STATE

- AUSTRIA

Countries with which economic integration treaties or reciprocity agreements are governed in hygienic-sanitary matters.

In all these cases, food products should have been developed under the controls applicable to food for human consumption in the domestic market of the country of origin. The competent health authorities may modify the previous list of countries, following the mechanism established in article 20 of this Decree.

Art. 19 - The MINISTERY OF HEALTH AND SOCIAL ACTION shall establish the tariffs or fees to be charged for the registration services of food products. The amounts that are fixed shall be uniform throughout the country, in accordance with the organizational criterion of article 7 of Law 18,284 and its application shall be effected through the competent health authority in each jurisdiction.

Art. 20 - State food control services and other products of animal and plant origin will act in a coordinated manner in order to avoid overlapping tasks and the imposition of unnecessary procedures that hinder trade. To this end, the NATIONAL SERVICE OF ANIMAL SANITY (SENASA), the INSTITUTE ARGENTINO DE SANIDAD y CALIDAD VEGETAL (IASCAV), the MINISTERY OF HEALTH and SOCIAL ACTION and the NATIONAL ADMINISTRATION OF ADUANAS (ANA), will hold coordination meetings at the level of their highest authorities, to consider the private interventions in both three months (3)

Art. 21 - Leave without effect any consultation, information, intervention and prior authorization of a quantitative nature for the import of food products carried out to date by the agencies mentioned in this Decree.

Art. 22 - Please describe the provisions opposing this Decree and authorize the MINISTERY OF HEALTH AND SOCIAL ACTION, SENASA, IASCAV and NATIONAL ADMINISTRATION OF ADUANAS, to comply with the regulations in force in accordance with the provisions of this Decree.

Art. 23 - This Decree will begin to govern from the day after its publication in the Official Gazette.

Art. 24 - Contact, post, give to the National Directorate of the Official Register and archvese. MENEM - Domingo F. Cavallo - Julio C. Aráoz.