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Originally published:
Aug-29-2008
A source in the U.S. Department of Commerce (U.S.D.O.C.) states that a new consumer defense law was among a package of 26 decrees Venezuela President Hugo Chavez issued on or about July 31, 2008.
According to several reputable sources on Latin America, the legislation includes new regulations on the packaging of imports. It is unclear whether the legislation applies to consumer goods only or includes industrial products as well.
One of the new requirements prohibits adhesive labels on products coming into the country. The U.S.D.O.C. source, therefore, suggests that exporters to Venezuela make sure they have permanent labels, in Spanish, on all products sold into Venezuela.
The source also recommends that packing slips included in exports to Venezuela be in Spanish. It is unclear, however, whether this is something covered under the new legislation.
ABC-Amega contacted Latin America legal expert, Rafael Castillo-Triana of FTAA Consulting, requesting further information. According to Señior Castillo-Triana, the subject is very complicated and demands a lot of analysis. However, the bottom line is that exporters to Venezuela need to be especially attentive to the regulations issued by the newly created Venezuelan government agency, the “Institute for the Defense of the Access of Individuals to Goods and Services”.
Apparently, the specific labeling requirements are outlined in Article 40 of the new Statute. Labels must be in Spanish, and include the following information:
- Origin and geographical source, nature, composition and purpose [of the product];
- Ingredients and composition including their percentage participation;
- Quantity, quality and denomination;
- Date of manufacture or sale and expiration dates;
- Detailed pricing of the item including financing costs, if applicable, all expressed in Venezuelan currency;
- Instructions for use or consumption including warnings about predictable risks;
- Terms of the warranties;
- Results, benefits and outcome of the use of the goods.
In addition, adhesive labels are not permitted for expiration information.
As ABC-Amega becomes aware of any further information regarding the new Venezuelan regulations, we will share such with our subscribers.
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Disclaimer: This information is provided by ABC-Amega Inc. for informational purposes only and is not intended to be legal advice and is not a substitute for competent legal advice on the referenced subject.
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