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In brief

On 25 October 2022, Supreme Decree No. 015-2022-PRODUCE (“Decree“) was enacted, approving a new regulation of the law on labeling and verification of technical regulations.


We have reviewed the new regime so that importers and marketers of industrial products will face less uncertainty in importing manufactured industrial products into and selling them in Peru.

Clarifications, applicability and violations

The new regulation clarifies the scope and definitions of the technical regulations for manufactured industrial products, but mainly modifies its infraction and sanctions regime, and administrative measures to improve supervision by the Ministry of Production (“PRODUCE“). The provisions on labeling have not been amended. 

Below is a summary of the key provisions:

I. New definitions: Relevant concepts such as “import,” “distribution,” “test report,” “supplier declaration of conformity,” and “technical regulations” are introduced. Such definitions are important for identifying the new infringements regulated by PRODUCE.  

II. Applicability: The new regulation applies to all subjects linked to the technical regulations of manufactured industrial products, such as regulations on:

  • Zinc and coal batteries
  • Tires
  • High-pressure cylinders for gas
  • Electrical conductors
  • Biodegradable plastic bags
  • Hydraulic cement
  • Other regulations on manufactured industrial products (food, pharmaceutical and other products regulated by specific sectoral standards are excluded)

III. New regime of violations and classification of sanctions:

  • Administrative violations are specified. For example, importing, manufacturing and/or marketing manufactured industrial products for final use or consumption without complying with the requirements of their corresponding technical regulations (with the exception of labeling) are violations under the new regulation.
  • Sanctions and penalties increased.
  1. Sanctions, both mild and severe, have been increased to a maximum of 493 or 494 tax units, respectively (they previously ranged from 1 to 50 tax units and 50 to 270, respectively).
  2. Monetary penalties have been increased to a maximum of  10% of the annual sales or gross income of the offender or their economic group (previously, mild and severe penalties were capped at 1% and 7%, respectively).

You can find the text of the Decree and its annex with the violations and penalties here.

We trust that this information will be useful to your company. If you require legal advice on this issue, do not hesitate to contact us.

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Author

A specialist in foreign trade and customs, Gonzalo has a broad experience in advisory, preventive audits and litigation related with sophisticated trade operations, trade facilitation and investment. His professional expertise includes legal advisory provided to either domestic or international enterprises, specifically related to import and export regimes, customs valuation, tariff classification, rules of origin, trade barriers (sanitary and phytosanitary measures, technical barriers to trade), investment and infrastructure, supply chain management, transport, Free Trade Agreements (FTAs), Regional and Plurilateral Agreements (CAN, MERCOSUR, among others) compliance and WTO law.

Author

Luis Alonso Garcia has more than 25 years of experience practicing in intellectual property law. Mr. Garcia has been vice minister of Foreign Trade in Peru. He was in charge of the negotiation of intellectual property in the free trade agreement between Peru and the United States. He has successfully led the offices for Peru’s trademarks and patents and has chaired the Court for Intellectual Property in INDECOPI. Mr. Garcia is also an intellectual property lecturer in different universities in Peru.

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