Chile’s Ministry of Health (MINSAL) has published a technical proposal to amend Supreme Decree No. 977/96, introducing a comprehensive and explicit regulatory framework governing the internation (entry) of foods into Chile. The proposal aims to eliminate ambiguities in current procedures by formally embedding food entry requirements, documentation, and control mechanisms into the Food Sanitary Regulations themselves, rather than relying primarily on guidance manuals.

The initiative follows feedback from Regional Ministerial Health Secretariats (SEREMI), the National Customs Service, and private-sector stakeholders, who identified inconsistencies and a lack of legal clarity regarding documentation, responsibilities, timelines, and inspection criteria for imported foods. The amendments are aligned with Codex Alimentarius (CAC/GL 20-1995 and CAC/GL 47-2003) and FAO/WHO recommendations on risk-based food control systems.

Explicit Requirements for Entry of Foods Into Chile
Mandatory Documentation for Internation (New Article 94 bis)

Under the proposed Paragraph XIII, any request for food entry authorization must be accompanied, as applicable, by the following documents:

Commercial invoice, identifying the transaction and products

Packing list, detailing product description, brand, quantities, net and gross weights, lot numbers, and expiry dates

Declaration of the destination establishment, which must hold valid sanitary authorization; use of third-party facilities must be formally accredited

Estimated arrival date and transport route within Chile

Transport document, such as a bill of lading, airway bill, or waybill

Exporter identification details

Certificate issued by the competent authority of the country of origin, demonstrating suitability for human consumption (e.g. sanitary certificate or free sale certificate)

Technical file or monograph for each product, in Spanish (English also accepted), including composition, ingredients, nutritional profile, shelf life, manufacturing process, quality standards, conditions of use, and storage requirements

Photographs or artwork of labels, both from the country of origin and the Chilean market label in cases of re-labelling; bulk products may require photographs of the cargo

Delivery note or equivalent document confirming arrival at the declared warehouse

Customs entry declaration submitted to the National Customs Service

Depending on the nature and risk profile of the product, SEREMI may additionally request temperature records, analytical reports for allergens, contaminants, fortification, or microbiological, chemical, or physical quality indicators, as established under the RSA.

Risk-Based Evaluation and Control

The sanitary authority will determine the intensity and type of control based on:

Food composition and intended use

Epidemiological and public health risk

Compliance history of the product and importer

Validity and credibility of accompanying certifications

Controls may include documentary review, physical inspection, and/or laboratory analysis.

Obligations of Importers and Holders (Article 94 ter)

Applicants and holders of food consignments must:

Obtain prior authorization from SEREMI before release

Transport products only to the declared and authorized facility

Maintain consignments under custody, without use, sale, sampling, or distribution, until sanitary clearance is issued

Ensure full traceability and updated contact and facility information

SEREMI must issue a reasoned authorization or rejection decision within 40 working days once all required documentation has been completed.

Rejected, Returned, and Export-Only Products

Rejected consignments must remain under the custody of the holder until a final destination is approved, which may include destruction, re-export, or alternative authorized use, at the owner’s expense.
Special provisions apply to:

Re-imported foods, requiring proof of rejection abroad

Foods entering Chile exclusively for processing and re-export, which must be segregated from products for domestic consumption

Additional Institutional and Digital Controls

SEREMI may request technical opinions from the Institute of Public Health (ISP) in cases of regulatory classification uncertainty

A digital importer profile system will be introduced to characterize operators and assign risk profiles, improving inspection efficiency and traceability

Stricter Rules on Imported Food Labelling

The proposal reinforces that re-labelling of imported foods is only permitted if it does not involve opening or manipulating the primary packaging. Products requiring access to individual sealed units for label correction will be prohibited from entry unless explicitly authorized.

Regulatory Impact

If adopted, the amendments will significantly increase legal certainty, transparency, and predictability for food importers while strengthening Chile’s risk-based sanitary control system. Businesses exporting food to Chile will need to reassess documentation readiness, labelling strategies, and importer compliance history to ensure uninterrupted market access

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