in a nutshell
On 25 October 2022, Supreme Decree No. 015-2022-PRODUCE (“Law”) was enacted and a new regulation of the Law on Indication and Verification of Technical Regulations was approved.
We have reviewed the new regime to reduce the uncertainties faced by importers and marketers of manufactured goods in importing and selling manufactured goods in Peru.
The new regulation clarifies the scope and definition of technical regulations for manufactured industrial products, but mainly changes its violation and sanctions system, as well as administrative measures to improve supervision by the Ministry of Production (“production”). The labeling provisions have not been amended.
A summary of the main provisions is as follows:
Me. New definition: Related concepts such as ‘import’, ‘distribution’, ‘test report’, ‘supplier’s declaration of conformity’ and ‘technical regulations’ are introduced. Such definitions are important for identifying new infringements regulated by PRODUCE.
II. Applicability: The new regulations apply to all subjects related to technical regulations for manufactured industrial products, such as:
- zinc and coal battery
- tire
- High pressure cylinder for gas
- conductor
- biodegradable plastic bag
- hydraulic cement
- Other regulations on manufactured industrial products (food, pharmaceuticals and other products regulated by standards in specific sectors are excluded)
III. New Regime of Violations and Classification of Sanctions:
- Administrative violations are specified. For example, the importation, manufacture and/or sale of industrial products manufactured for end use or consumption without complying with the requirements (other than labeling) of the corresponding technical regulations are subject to the new regulations. Violation.
- Sanctions and penalties have been tightened.
- Sanctions, both light and severe, have been increased to a maximum of 493 or 494 tax units respectively (previously they ranged from 1 to 50 and 50 to 270 tax units respectively).
- Fines have been increased to a maximum of 10% of the offender’s or their economic group’s annual turnover or gross income (previously, light and heavy penalties were limited to 1% and 7% respectively).
The full text of the decree and its annexes containing offenses and penalties can be found here.
We are confident that this information will be of use to you. If you need legal advice on this matter, feel free to contact us.
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