On March 31, Resolution No. 283 of the Secretariat of Domestic Trade was published in the Official Gazette of the Nation, creating the Label and Tag Inspection System (SiFiRE) under the Undersecretariat for Consumer Protection of the Secretariat of Domestic Trade of the Ministry of Productive Development.
With this measure, the authority aims to prevent deception regarding the accuracy of the information contained on the labels or tags of certain products and to ensure transparency and fair competition among the various goods available on store shelves.
By examining product labels and tags, the aim is to prevent commercial advantages due to non-compliance with the applicable regulatory regime, and to prevent the existence of information gaps and the inclusion of messages with ambiguous or incomplete expressions that could lead to a wrong purchasing decision.
Products covered
The measure applies to all products belonging to the categories of food, beverages, drinkable foods, perfumery, hygiene, personal care, and household cleaning that are suitable for human consumption and handling, to be marketed in Argentina.
Please note that this measure will apply to new labels and tags for products belonging to the above categories that are registered for sale in Argentina 30 calendar days after the Resolution comes into effect; that is, for products to be registered as of April 30.
Obligations and prohibitions
The manufacturer/importer/distributor of the aforementioned products shall be required to submit the labels and tags of such products to an inspection procedure before the Undersecretary for Consumer Protection (“Undersecretary”) prior to marketing in Argentina.
Likewise, the Resolution prohibits the use of labels or tags on products for sale in Argentina that contain information about offers, promotions, or discounts that the manufacturer or importer cannot guarantee or ensure in their subsequent sale, both wholesale and retail.
Inspection procedure and measures to be taken
The procedure must be carried out through the Remote Procedures (TAD) platform, accompanied by documentation on the labels and tags, details of the importer/manufacturer, product composition and country of origin, information on its components, raw materials, additives, methods of production and fractionation or packaging, together with its properties and consumption requirements.
The Resolution grants a period of 10 working days for the Undersecretary to issue a decision, from the date on which all documentation has been submitted or any defects have been corrected. If no express decision is made within this period, the Resolution establishes that the Undersecretary’s approval is presumed.
If the Undersecretary finds that the label or tag of a product existing in Argentina may cause serious or irreparable harm to consumer rights in their consumer relationship, it may order the placement of a sticker, decal, or any other suitable means on the product packaging to remedy the non-compliance found, until the label or tag in violation is completely removed from the market. The costs incurred shall be borne by the supplier or importer.
In the event of non-compliance with the obligations set forth in the Resolution, the penalties provided for in Law No. 24,240 on Consumer Protection and Decree 274/19 on Fair Trade may be applied.
