Brazil

• Labeling Requirements
• Required Documents
• Licensing/Import Procedures
• Tobacco Products
• Taxes/Tariffs
• Contacts

LABELING REQUIREMENTS

Brazilian Decree No. 2314 of September 4, 1997 requires that labels of beverage alcohol products be previously approved by the Ministry of Agriculture (MAPA) and include the following information (in Portuguese):

• Brand name of product
• Type of product (e.g. wine, malt beverage, distilled spirit, etc.)
• Importer’s name and address
• Country of origin
• Alcohol content (expressed in percentage of alcohol by volume)
• Net content (in metric units)
• Lot identification code
• MAPA Registration number of importer
• Period of validity
• Warning statement: “Evite o consumo excessivo de álcool” (Avoid excessive consumption of alcohol)

Note: If containing aspartame, the label must include a statement reading “Contém fenilalanina” (Contains phenylalanine).

GM (Genetically Modified) Food Labeling:

Brazil has established the limit of one percent for food and food ingredients destined for human or animal consumption containing or being produced with genetically modified organisms, and stated that consumers needed to be informed of the transgenic nature of the product. For additional information on labeling of biotech products please refer to the 2005 USDA Foreign Agricultural Service report on biotechnology in Brazil.

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REQUIRED DOCUMENTS

The following is a list of the documents that are required when importing into Brazil:

• Pro forma invoice
• Bill of landing or Air Waybill
• Commercial invoice, needed to clear the products through Customs. The invoice must include a declaration of origin of the merchandise (a separate certificate of origin is acceptable but not required)
• Certificate of Origin
• Import license (Guia de Importação)

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LICENSING/IMPORT PROCEDURES

Winery/Wine Registration:

Wineries exporting to Brazil must be registered with the Office of Agricultural Protection (SDA) of the Ministry of Agriculture (MAPA).  The importer normally handles this process.  Documents such as certification of legal existence of the establishment, description of the facility and its equipment, official certificate of analysis issued by a laboratory in the country of origin, and certification of origin, among others, may be requested.  It is highly advisable that exporters work with competent and reputable importers who are familiar with Brazilian import regulations.

In addition, wine products must also be registered with MAPA.

General Licensing Requirements:

Importers must file an application for an import permit (Guia de Importação) accompanied by a foreign supplier's pro forma invoice for the products to be imported.  This import license is required for all shipments.

Once the application is approved by the Brazilian Secretariat of Foreign Trade, or SECEX, the importer must notify the supplier to ship the products and to send all shipment documents.

Importers must also pay Customs duties and other taxes (e.g., Industrial Products Tax (IPI), Merchandise Circulation Tax (ICMS)) prior to the shipment being released.

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TOBACCO PRODUCTS

Tobacco products imported to Brazil must be registered by the importer.  The registration must be accompanied by:

• Proof of payment of Fiscal Tax for Sanitary Vigilance (available through ANVISA’s Electronic Request System)
• A CD-ROM including an electronic file of the label to be used, including all sides of the packaging and proof of submission for approval through ANVISA’s Electronic Request System
• Copy of the label
• Copy of ADE (Ato Declaratório Executivo) for the registration of the importer with the Receita Federal – only for cigarettes
• Copy of ADE for the registration of the brand with the Receita Federal
• Copy of analysis completed by an accredited laboratory
• Proof that particulars of the product were submitted through ANVISA’s Electronic Request System.

The particular that need to be transmitted to ANVISA through the Electronic Request System include, among others:

• Characteristics of the brand (e.g. brand name, type of product, origin, destination, and types of labels)
• Types of tobacco used for the product
• Additives used
• Specifications and physical characteristics of the filter and casing (for cigarettes only)

Importers are required to register their products on an annual basis.  For further information, visit the ANVISA Tobacco Legislation website (in Portuguese).

Tobacco Labeling:

The packaging on tobacco products must include one of 10 warning images established by the Ministry of Health, in a rotating fashion.  Each warning may be used for a period of no more than 5 months at a time.  The warning is to be preceded by the statement “The Ministry of Health warns:” (“O Ministério da Saúde adverte”).  The images and language must cover 100% of either the front or back surfaces of the package.

In addition, one of the sides of the package must contain the following wording, in Portuguese: “This product contains more than 4,700 toxic substances, and nicotine which causes physical and mental dependence.  There are no safe levels for the consumption of these substances.”  This wording must cover ¾ of one of the sides.

The following wording must also appear on one of the sides of the package, covering ¼ of the sides: “Sale prohibited to those under the age of 18”.

For further information and applicable regulations on labeling, including samples of the images that must be used on the packaging of tobacco products, please visit the ANVISA Tobacco Labeling website (in Portuguese).

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TAXES/TARIFFS

As of September 5, 2008, the import duty for malt beverages, spirits, and denatured alcohol was 20%, with a duty of 27% for wines.  Tobacco products (cigarettes, cigars, etc.) maintain an import duty of 20%.  For further information, please contact the Export.Gov Trade Information Center at 1-800-USA-TRAD(E).

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CONTACTS

Most of the information in this guide was obtained from direct contact with various governmental organizations and embassies, as well as online sources.  The FAS Attaché reports at: http://www.fas.usda.gov/scriptsw/attacherep/default.asp served as the primary (online) sources used for this report.

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