MINISTRY OF ECONOMIC AFFAIRS, DEVELOPMENT, AND RECONSTRUCTION
SUPREME DECREE No. 297
Published in the Official Gazette on June 3, 1992
Having had before me:
The information furnished by the National Standards Institute and National Consumer Department, and what is provided under Decree with Force of Law No. 88, of 1953, issued by the Ministry of Finance, and under article 32 item 8 of the Chilean Constitution:
I hereby decree:
SCOPE AND FIELD OF APPLICATION
Article 1 – These regulations set forth the requirements to be met when labeling packaged food items intended for human consumption.
Article 2 – These regulations apply to domestic or imported food products marketed in Chile to the consumer public and for catering.
Article 3 – These regulations apply to specific food products only insofar as they do not counter the respective labeling standards,
These regulations shall apply to table mineral waters, bottled fruit, and vegetable nectars and juices, and to fancy beverages insofar as they do not counter Standard NCh1720/1.Of93 Packaged Food Products – Labeling –Part I: Table mineral waters, fruit juices and nectars, and non-alcoholic beverages, declared an Official Chilean Standard of the Republic of Chile under Exempt Ministerial Resolution No. 131, of 1993, issued by the Ministry of Economic Affairs, Development, and Reconstruction.
Article 4 – These regulations may be applied to export food products.
Article 5 – These regulations do not apply to alcoholic beverages nor to food products packaged in the presence of the consumer or at the time of purchase.
Article 6 – For the purposes hereunder, the following shall be understood:
- Label:tag, sticker, mark, image or other descriptive or graphic material written, printed, stenciled, marked, in relief or engraved, or stuck to a food container.
- Labeling:set of inscriptions, legends, or illustrations contained on the label and providing information about the characteristics of a food product.
- Container:any vessel containing food for delivery as a single product, totally or partly enclosing such food and including packaging and wrappings. A container may contain several units or types of packaged food when supplied to the consumer.
- Packaged:any food previously wrapped, packaged, or packed, ready to be supplied to the consumer or for catering.
- Consumer:individuals or families purchasing or receiving food in order to meet their personal needs.
- Food, food product:any nutritional processed, semiprocessed, or natural substance or mix of such substances intended for human consumption. By extension, also includes substances, whether nutritional or otherwise, that are ingested from habit or for pleasure, whether or not intended for nourishment, and all ingredients and additives contained therein.
- Food for catering:food intended for use in restaurants. schools, hospitals, and similar institutions where food is prepared for immediate consumption.
- Substitute:food that, because it possesses properties similar to those of another food, can replace such other food.
- Ingredient:any substance, including additives, used in manufacturing or preparing food and present in the final product, possibly in modified form.
- Characteristic ingredient:an ingredient that gives a food particular attributes that clearly distinguish such food from other foods of the same type.
- Food additive:any substance, whether nourishing or otherwise, that is neither normally consumed as a foodper se nor normally used as a typical ingredient thereof, intentional addition whereof to such food for a technological (including organoleptic) purpose during manufacture, processing, treatment, packaging, packing, transport, or storage causes or may be reasonably expected (directly or indirectly) to cause such substance or the byproducts thereof to become a complement of such food or affect the characteristics thereof.
This definition does not include contaminants or substances added to food in order to retain or improve the nutritional qualities thereof.
- Processing helper:any substance or matter, excluding apparatus and utensils, not consumed as a food ingredientper se and intentionally employed in processing raw materials, food, or food ingredients, to achieve a given technological purpose during treatment or processing, which may cause the unintentional but inevitable presence of residues or derivatives in the final product.
- Processing date:date when a food becomes the product described.
- Packaging date:date when the food is placed in the immediate container wherein it is finally sold.
- Expiry date:or end date of the period after which the product, stored under required conditions, will not possess the original quality attributes. After such date, such product shall not be considered marketable.
The expiry date shall be set by manufacturer, taking into account the provisions issued by the health authority.
- Minimum duration:date by when, under certain storage conditions, the period expires during which the product is fully marketable and retains all specific qualities implicitly or explicitly attributed thereto. Notwithstanding, the food may continue to be fully satisfactory after such date.
The minimum duration date shall be set by manufacturer, taking into account the provisions issued by the health authority but in no event exceeding the expiry date.
- Lot:given amount of a food produced under essentially the same conditions.
- Country of origin:the country where a food product has been entirely produced or manufactured or where such product has undergone a change that affects the physical, chemical, biological, or organoleptic properties thereof.
19.Fresh products: products packed without having undergone modifications of character or composition, except as required by hygiene or to remove inedible parts.
- Naturally dry products:fruits or seeds that when ripe contain a minimal amount of water and thus may be preserved without special treatment, such as walnuts, almonds, pine nuts, etc.
Article 7 – Information shall be given in the Spanish language and may be repeated in another language.
Article 8 – Labels placed on packaged food shall be applied un such a way that they will not separate therefrom.
Article 9 – The data required to appear on the label shall be given in clear, fully visible, indelible and easy-to-read characters under normal purchase and use conditions.
Article 10 – Labeling shall not present words, illustrations, or other graphic representations that may be misleading, deceitful, or false, or liable in any way to give an erroneous impression of product nature, composition, or quality.
Article 11 – Labeling shall not contain terms stressing the absence of a certain undesirable component, such as …-free, contains no…, free of…, when the product normally contains no such component.
Article 12 – Any information given on the label shall be provable.
Article 13 – The information shall be placed on the container. When such container is covered by a wrapping, such wrapping shall present all the necessary information or the label applied to the container shall be easily readable through the outer wrapping and shall not be obscured thereby.
Article 14 – The label or sticker on all food products sold to the consumer public shall contain the following information:
- NAME OF FOOD
1.1 The name shall state the true nature of the product specifically rather than generically. To this end, terms such as natural, fresh or similar words shall not be used when such condition is inherent in the nature of the product itself. Notwithstanding the name of the product, the label my contain the brand name.
1.2 On substitute products, this fact shall be clearly stated.
1.3 Product designation shall adhere to the following order of priority:
– Name given under prevailing domestic law
– Chilean standard.
1.4 If such names are not available, the usual name in Chile, provided the customer is not misled or deceived thereby.
1.5 A fancy name, brand name or registered trademark may be used, provided it is accompanied by one of the names listed above.
1.6 On the label, additional words or phrases shall appear together with, or very close to, the food name, to avoid misleading or deceiving the consumer regarding the real nature and physical condition of the food, including, but not limited to, the type of covering, form of presentation or condition thereof, or type of treatment undergone, e.g. dehydration, concentration, reconstitution, smoking.
- NET CONTENT AND DRAINED WEIGHT
2.1 Net content shall be given in units of the metric system or the international system, using the unit symbol or the full words as listed below:
2.1.1. Fluid products in units of volume: liters (L), centiliters (cl), milliliters (ml). Cubic centimeters (cm3);
2.1.2. Solid products in units of mass: kilograms (kg) or grams (g). Where the product is composed of perfectly identifiable units, the number of such units may also be stated.
2.1.3 Semifluid or semisolid products in units of mass or volume.
2.1.4. In addition to net contents, products packaged in a liquid medium shall further state the drained weight of the food, in units of the metric system or the international system This being information for the consumer, the words used shall be drained weight, but drained mass is understood.
2.2 In addition, net content may be stated in units of another system.
2.3 The figures stating net content shall not be accompanied by the words at packaging, approximately, more or less, or other ambiguous terms.
2.4 Net content requirements shall adhere to the provisions contained in NCh 1650/1 or the specific standard for each product, as appropriate.
- NAME OR COMPANY NAME AND DOMICILE
The name or company name and domicile of manufacturer, packer, distributor, importer, or seller of the food shall be stated.
- COUNTRY OF ORIGIN
4.1 For domestic as well as imported products, the country of origin of the food shall be clearly stated.
4.2 The following specific terms shall be stated on domestic products: Made in Chile, Manufactured in Chile by …, Product of Chile, Chilean product, Processed in Chile by …, or words to the same effect.
4.3 When an imported food undergoes processing in Chile that changes the physical, chemical, biological, or organoleptic properties thereof, it shall be considered as of domestic origin for labeling purposes.
Imported products that for purposes of domestic marketing are packaged, divided into lots or volumes, selected, polished, classified, or marked, shall retain the origin thereof for labeling purposes
- Labels shall state the number and date of the Resolution and name of the Health Agency responsible for issuing a permit to the establishment where the product is processed or packaged, or authorizing the import thereof.
- STATEMENT OF DATE
6.1 The duration date if the product shall be stated on the label thereof, either as minimum duration date or as expiry date, so placed as to be easily accessible to the consumer.
6.2 Such date shall contain at least the following:
– Day and month for products of not more than three months’ duration;
– Month and year for products of more than three months’ duration. If the month is December, only the year need be mentioned.
6.3 Expiry date shall be stated using such words as Expiry date …, Consume before…; Do not consume after … or similar words that convey the idea that after the stated date the product is no longer suitable for consumption.
6.4 The minimum duration date shall be stated in such terms as “Consume preferably by…” or “Consume preferably by the end of …”, adding the relevant guaranteed date.
6.5 The words required on the above item shall be accompanied by
– the date itself, or
– a reference to the place where the date is given.
6.6 The statement of day, month, and year shall be made in the following way and order:
– the day, with two digits
– the month, with two digits or the first three letters of the name thereof
– the year, using the last two digits thereof.
6.7 A statement of duration date is not required fir the following items:
– Bakery or pastry products usually consumed within 24 hours of manufacture;
– Food-quality salt;
– Solid sugar;
– Confectionery items consisting of sugar (mono and/or disaccharide), scented and/or dyed;
– Chewing gum.
- LOT IDENTIFICATION
The label shall state indelibly in clear language or in code the identification of the manufacturer and lot. Lot identification is the responsibility of manufacturer and may be performed by means of the date of processing.
8.1 The list of ingredients shall appear un the label, except in the case of food composed of a single ingredient.
8.2 The list of ingredients shall be headed or preceded by an appropriate title composed of or containing the word Ingredients
8.3 All the ingredients composing the product shall be listed in descending order of proportions
8.4 The list of ingredients shall contain specific names as provided under paragraph 1, above, except that the following generic names may be used for ingredients belonging to the respective class.
Class of ingredient Generic Name
Refined oils other than olive oil Vegetable oil or animal oil qualified by the term hydrogenated or partly hydrogenated, as the case may be
Refined fats Vegetable or animal fat, as the case may be
Starches other than chemically Starch
All species of fish and types of Fish or poultry meat, as appropriate
poultry when used as an ingredient
of another food and provided the
label and presentation of such food
contain no reference to a specific
fish species or type of poultry meat
All types of cheese when cheese or Cheese
cheese mix is an ingredient of
another food and provided the label
and presentation of such food contain
no reference to a specific cheese type.
All spices and spice extracts in an Spice, spices, or spice mixes, as the
amount not exceeding 2% of mass, case may be.
alone or mixed with the food
All aromatic herbs or parts thereof Aromatic herbs or aromatic herb
in an amount not exceeding 2% of mixes, as the case may be
mass, alone or mixed with the food
All types of gum-based preparations Gum base
used in the manufacture of gum base
for chewing gum
All types of saccharose Sugar
Anhydrous dextrose, monohydrated Dextrose or glucose
dextrose, and glucose syrup
All types of caseinates Caseinates
Cocoa butter obtained by pressing, Cocoa butter
extracting, or refining
All candied fruit when not exceeding Candied fruit
10% of food weight
8.5 Notwithstanding the above, pork fat and lard shall always be listed under the
specific name thereof.
8.6 The list of ingredients shall specify added water except when water is part of ingredients such as brine, syrup, or broth used in a composite food, and declared as such on the list of ingredients. Water and other volatile ingredients that evaporate during manufacture need not be declared.
8.7 When food is dehydrated or condensed for subsequent reconstitution, the ingredients thereof may be listed in order of mass/mass proportions in the product so reconstituted, provided clarification is given, such as the following: Product ingredients when prepared according to instructions on the label.
8.8 When food labeling stresses the presence of one or more characterizing ingredients, or when description of the food causes the same effect, the mass/mass percentage of such ingredient or ingredients in the final product shall be stated.
8.9 Likewise, when a food label stresses low content of one or more ingredients, the percentage of such ingredient or ingredients, mass/mass, in the final product shall be stated.
9.1 Addition of additives shall be stated on the label, giving the specific name thereof in descending order of concentration, with the exception of flavorings, which may be declared generically without listing the components thereof.
9.2 Process helpers and transfer of food additives
9.2.1 Any food additive that owing to having been used in the raw materials or other ingredients of a food is transferred thereto in sufficient quantity to perform a technological function therein, shall be included in the list of ingredients.
9.2.2 Food additives transferred to food in lower amounts than necessary to perform a technological function, and processing helpers, are not required to appear on the list of ingredients.
- FOOD QUALITY
10.1 Where the Chilean standard for a product specifies more than one quality grade, at least such grade shall be stated on the label, adding the equivalent denomination if so desired.
10.2 For denominating grades of quality, the following equivalents shall normally be used:
– Grade 1 or Extra
– Grade 2 or Special, and
– Grade 3 or Standard
10.3 When products fail to meet one or more of the minimum requirements specified under the appropriate Chilean standard, such product shall be labeled SUBSTANDARD, which nay be done with a rubber stamp or additional sticker.
- INSTRUCTIONS FOR STORAGE
11.1 In addition to date of duration, the label shall carry any special conditions required for conserving the food, if date validity depends thereon.
11.2 In the event that once the container is opened the food requires refrigeration or other special environment, such requirement shall be stated on the label.
- INSTRUCTIONS FOR USE
The label shall contain all necessary instructions on use, including reconstitution if appropriate, to ensure correct utilization of the food.
Article 15 – In the case of packaged fresh products, a label shall be attached containing at least the following information:
1.1 Products packaged in a net
– product name;
– name or company name and domicile as provided under paragraph 3 of the preceding article; and
– date when packaged.
– 1.2 Products packaged in trays
– product name;
– name or company name and domicile as provided under paragraph 3 of the preceding article;
– date when packaged; and
– net content.
- In thecase of dry products, the information specified for fresh products packaged in a net shall be stated, adding the year when harvested.
Article 16 – In the case of imported items marketed in the original container, a label in Spanish shall be affixed thereto of such a size and in such position that information on the original label regarding the labeling requirements contained in Title V hereunder is not covered thereby.
Such label shall contain the following:
- Name or company name and domicile of importer, packager, or distributor;
- Number and date of the Resolution issued by the Health Agency responsible for authorizing product import;
- Any information specified hereunder and not considered on the original labeling, or is not in Spanish, or not stated in accordance with provisions hereunder.
Article 17 – On containers whose largest surface measures less than 10 cm2, lot number, date, list of ingredients, and instructions for storage and use may be omitted and shall be stated on the label of the larger container carrying several such smaller units.
On products whose mass is less than 15 grams, net content may be omitted, and shall be stated on the label of the larger container carrying several such smaller units.
Other labeling requirements are stated in the specific standard for the product.
POSITION AND SIZE OF CHARACTERS
Article 18 – The main portion of the label, considered as the part that consumers normally read and that is printed in bold characters, shall contain at least the following information:
– product designation
– net content
– drained weight, if appropriate, and
– quality grade, if appropriate
Article 19 – Product name, typification according to Chilean standard (if appropriate) and date of duration shall be stated in bold characters of a size proportionate to the container. The height of characters stating date of duration shall not be less than 2 mm.
Article 20 – Information on quality grade, net content, and drained weight shall be stated in characters equal to or taller than 1/36 of label height..
Article 21 – Where label height is less than 72 mm, character height shall not be less than 2 mm.
Article 22 – On imported products, the characters on the additional label shall not be less than 2 mm high.
ALTERNATIVE LABELING OF PROCESSING DATE ON CANNED ITEMS
Article 23 – While the Food Sanitary Regulations approved under Supreme Decree No. 60 issued by the Ministry of Health, dated April 5, 1982, is in effect, canned products may label the processing date thereof by means of a capital letter according to the code listed below, as an alternative to the provisions of article 188.8.131.52. hereunder
Month Letter Month Letter
January A July G
February B August H
March C September I
April D October J
May E November K
June F December L
Article 24 – Supreme Decree No. 207, of September 16, 1983, issued by the Ministry of Economic Affairs, Development, and Reconstruction, is hereby revoked.
To be noted, recorded, notified, and published. PATRICIO AYLWIN AZÓCAR, President of the Republic. Carlos Ominami Pascual, Minister of Economic Affairs, Development, and Reconstruction.
Which I hereby transcribe for your information. Yours truly, Jorge Marshall Rivera, Under Secretary for Economic Affairs, Development, and Reconstruction,