Violations, sanctions and control

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.

The new regulation has incorporated clarifications to its scope and definitions, but mainly it has modified the infraction regime, its sanctions, and administrative measures to improve the supervision of the Ministry of Production ("PRODUCE") with respect to technical regulations linked to the goods considered manufactured industrial products. The provisions on labeling have not been amended.

Below are our main comments:

  1. New definitions: Relevant concepts such as import, distribution, test report, supplier declaration of conformity, and technical regulations are incorporated. Such definitions are important for identifying new infringements regulated by PRODUCE.
     
  2. Range accuracy: It applies to all obliged subjects linked to the technical regulations of manufactured industrial products. For example, it applies to the regulations of the following:
     
    • Zinc and coal batteries.
    • Tires.
    • High-pressure cylinders for gas.
    • Electrical conductors.
    • Biodegradable plastic bags.
    • Hydraulic cement.
    • Other regulations of manufactured industrial products (those that are regulated by sectoral standards such as food, pharmaceutical products, among others, are excluded).
  3. 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).
  • Classification of sanctions:
    • It is identified that both the sanctions categorized as mild and severe have increased up to a maximum of 493 or 494 tax units (before, they ranged from 1 to 50 tax units and 50 to 270, respectively).
    • The limits of monetary penalties have increased, not exceeding 10% of the annual sales or gross income received by the offender or their economic group (before, the 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 consider it important to review the new infractions so that importers and marketers of industrial products wouldn't  have contingencies in the entry and sale of their products in the market.


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.