An Overview of Argentina’s Wine Industry Products Labeling System

The National Institute of Viticulture (the “INV,” after its acronym in Spanish) issued Resolution 26/2021, published in the Official Gazette on January 7, 2022. The resolution approves the conditions for labeling wine industry products released for consumption.

The resolution establishes that labels used on fractionated wine products must be registered with the INV before circulation. Labels printed under the previous system, which do not meet currently approved conditions, may only be used if authorized by the INV. Homemade and craft wines also fall under the present system. Violations to this resolution will be sanctioned pursuant to the provisions of General Wine Law No. 14,878 and Law No. 25,163 relating to designation and presentation of wines and products of wine origin.

The resolution defines “labeling” as the set of fixed elements adhered to or printed directly on the container and used for the commercial presentation of the product to identify it graphically. The information on the label must be clear, accurate, true and verifiable so as not to mislead, deceive or otherwise cause confusion as to the origin, nature, quality, purity or blend and/or processing techniques. Closing devices as well as decorative elements are not part of the label but any inscription they include must also be truthful and verifiable.

The resolution establishes mandatory and optional information. Mandatory items of information are: a) legal denomination of the product; b) alcohol content; c) net content; d) country of production; e) information on the bottling company; f) free circulation analysis; g) sugar content; h) chromatic characteristics; i) products made with non-wine components; j) “Vino Argentino Bebida Nacional” logo; k) presence of sulfites or sulfur dioxide; l) presence of eggs, milk and their derivatives; m) health warning; n) health warning for the prevention of fetal alcohol syndrome (FAS).

The resolution mentions how the mandatory information must be included and printed on the fixed elements of the label in legible characters and indelible colors that are easily perceptible to consumers.

Optional items of information are those that provide consumers with supplementary information and may be indicated on any of the elements of the label.

These optional items include: a) product trademark; b) address of the bottler; c) origin; d) year of production; e) varietal denomination; f) additional traditional terms such as  reserva (reserve), gran reserve (special reserve), roble (oak), barrica (barrel), crianza en roble (oak aging), criado en barrica de roble (aged in oak barrel); g) gluten-free food; h) single vineyard; i) organic, ecological or biological product; j) other certifications.

The resolution states that “trademark” is any name, word and/or sign used to distinguish the product in accordance with trademark law No. 22,362, and it must be displayed in a relevant and prominent manner and without being confused with the origin, vintage, or any other mandatory or optional item of information.

The indications of origin are: 1) Indication of Source (IS); 2) Geographical Indication (GI); and 3) Controlled Designation of Origin (CDO). Any geographical name appearing on the label may be included if it is recognized and registered as IS, GI and/or CDO.

Fractionated imported products may have labels printed in foreign languages, but for their commercial circulation they must comply, in Spanish, with the mandatory identification requirements mentioned above. In addition, the name, address and registration number of the importer must be included.

A key indication must also be printed on the tags and boxes holding the containers to identify the lot to which they belong. Fractionated products that include on their label the analysis number issued by the authority of the country of origin may circulate with that analysis number once they have undergone import controls as regulated by the INV.

Imported products that enter Argentina and are fractionated with the same brands used in the domestic market must indicate the name of the country of origin of the product in a font size of no less than 3 mm in height, in a prominent, horizontal position, parallel to the base of the package and separated from other texts on the label.

The name of the country of origin must be indicated on the identification label of bulk imported products that are fractionated in Argentina. If the fractionation is in bottles and demijohns, that denomination must appear on all the fixed elements of the label. For cardboard, multilaminated and bag-in-box packages, it must be printed on the two most visible and largest sides of the container.

Packaged products intended for export must comply with the provisions of Laws 14,878 and 25,163 and with the requirements of the importing country.

The resolution establishes that the trademark or de facto trademark must be included in the “Single Window for foreign trade” of export products. Images on label tags must be transmitted to the INV in digital format by the registrants who may use them immediately under their responsibility. The INV will inform registrants whether they were registered or rejected within a maximum period of 10 days.

If a new trademark appearing on the label is submitted for registration to the INV, it must have been granted and in force beforehand; otherwise, it will be considered as a de facto trademark (name, word and/or sign that distinguishes the product and is not registered before the competent authority). The use of a de facto trademark is done under the sole responsibility of the user. However, in case of doubt, the INV may request the opinion of the competent authority, both for products intended for domestic consumption and for export products.