General Standards
Puerto Rico is an "unincorporated territory" of the United States and its economy relies mainly on federal aid from the US government. The island nation has very little natural resources of economic value and its manufacturing industry largely comprises of units set up by US companies. Pharmaceuticals, electronics, textiles, petrochemicals, processed foods, clothing and textiles are the major industries in Puerto Rico. Puerto Rico’s trade and commerce continues to be subject to US congressional authority.
Puerto Rico is recognized as being part of the customs territory of the United States and all shipments between Puerto Rico and the US are not subject to import duties. However, shipments from outside the customs territory are all subject to the same import duty rates, regardless of whether the destination is the US or Puerto Rico.
LABELING REQUIREMENTS
The FDA is responsible for assuring that foods sold in Puerto Rico are safe, wholesome and properly labeled. Food products marketed in Puerto Rico, whether they are manufactured domestically or are imported from abroad, must comply with the labeling requirements of the FD&C Act, the FPLA, and the regulations written by the FDA as published in the Code of Federal Regulations (CFR).
There are different types of food products, each with different labeling requirements, including:
- Conventional food products (including healthy food products eligible for ‘health claims’ labeling or ‘qualified health claims’ labelling);
- Dietary supplement products (regulated as a subset of food regulation and eligible for ‘health claims,’ ‘qualified health claims,’ or ‘structure / function claims’ labeling);
- Foods for special dietary use products (e.g. hypoallergenic foods and infant foods);
- Medical food products (foods which are formulated to be consumed or administered internally (feeding tube) or orally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition with distinctive nutritional requirements).
The labels on the imported product has to contain the following information:
1. All the information about the product has to be printed on a label securely affixed to the package or printed on the package itself;
2. All the products with only one standard label are not allowed to be placed on the market;
3. All products with false, misleading or deceprive representation are not allowed to be placed on the market;
4. The content on the label has to be clear, prominent, indelible, and readily legible by the consumer.
Packaged food must carry a statement identifying either:
1. the country where the food was made, produced or grown;
2. the country where the food was manufactured or packaged and that the food is a mix of ingredients imported into that country or a mix of local and imported ingredients.
Country of origin labeling applies to unpacked fresh and processed fruit, vegetables, nuts, spices, herbs, legumes, seeds, fish (including shellfish) and meat (pork, beef, sheep and chicken).
For example, the following unpacked foods are required to have country of origin labeling:
1. fresh and sun-dried tomatoes;
2. processed ham and bacon;
3. fresh and smoked fish fillets, and crumbed fish fillets;
4. fresh apples and dried apples;
5. chicken, pork, beef and lamb.
LANGUAGE
In general, label text must be in English except in the Commonwealth of Puerto Rico where the labeling may be presented in Spanish language (or in bilingual labeling) or in other United States territories where the predominant language is one other than English. Bilingual labels are permitted on the country’s market so long as all of the required elements are provided in both languages (e.g. English and Spanish).
REQUIRED CERTIFICATES
Cargo and goods being imported into the country must be secured and fully concealed with documentation of commercial invoice, bill of lading, labeling and measurements. Most imports come via ports through the gulf and are apparent to customs upon arrival.
Every importer or exporter has to prepare the following documents in order to sell on both local and international markets:
- Commercial Invoice
All imports of goods and services must have their commercial invoice stamped and legalised by government from origin of export. Without this document companies will be fined and goods may be rejected from entry.
- Bill of Lading
When exporting products to a non-governmental importer in Puerto Rico it must include the bill of lading. When items are declared they are subject to different tax thresholds and must include:
a) marks of identification, name and address of consignee;
b) quantities, weights and values.
- Certificate of Insurance
Certificates must include details about the overall program, project or contract that is being embarked on, information about your organization, total value of the project and other details may be requested and all sections of the form must be filled out and in order.