3.227.  As is the case with the technical regulations, a number of institutions are involved in the development of sanitary and phytosanitary measures within their area of expertise. SENASA, a decentralized body under the Ministry of Agriculture, Livestock and Fisheries (MAGyP), is responsible for implementing national policy on animal and plant health and quality, and on the quality and safety of food, and for ensuring compliance with the law.[434] The National Drugs, Food and Medical Technology Administration (ANMAT) is responsible for regulations governing procedures for the registration of medical products, while the National Grape-Growing and Wine Production Institute (INV) is tasked with developing sanitary measures for grape-growing and wine production. The National Seed Institute (INASE) is responsible for introducing measures related to seeds. The National Food Control System (SNCA), composed of SENASA, ANMAT and the National Food Commission (CONAL), was created by Decree No. 815/99 to ensure that the entities which make up the SNCA enforce the Argentine Food Code (see below) throughout the country

3.228.  SENASA has three technical national directorates in charge of implementing sanitary and phytosanitary measures: the National Plant Protection Directorate (DNPV), the National Animal Health Directorate (DNSA) and the National Food Quality and Safety Directorate (DNICA). The functions of the DNPV include developing and proposing phytosanitary regulations governing forestry production and the import, export, processing, storage, packing, transport and marketing of plants and their products and by-products, so as to preserve the country's phytosanitary status and help protect public health. The DNSA is responsible for formulating animal health legislation to safeguard the production, import, export, international transit and welfare of livestock and the identification, traceability, transport and marketing of animals and their reproductive material. The DNSA is also responsible for proposing and implementing technical and administrative rules concerning the registration of veterinary products and the listing, authorization, control and certification of plants to be processed, fractionated and stored. The DNICA drafts, amends and updates regulations relating to hygiene, safety and quality of raw materials that affect the trade of products, by-products and derivatives of animal and plant origin and animal feed, at the national and international level

3.229.  CONAL is tasked with proposing updates to the Argentine Food Code, using international standards and MERCOSUR agreements as a benchmark. It also recommends uniform deadlines, requirements and procedures for conducting inspections and authorizing establishments and products, as well as for processing, preparing, storing, fractionating and marketing them throughout Argentina. In addition, it maintains the Single National Register of Products and Establishments. Another of its functions is to facilitate the establishment of cooperation mechanisms between public and private organizations to ensure the effective sanitary control of foods

3.230.  The Argentine Food Code (Law No. 18.284 of 1969 (as amended)) sets out the underlying legal framework for the development of sanitary and phytosanitary measures in Argentina and establishes the rules to be followed when producing, marketing, importing and exporting food for human consumption in order to protect the health of the consumer. The Code is also the framework law governing the SNCA.[435] Moreover, there is a series of legal instruments that regulates aspects of plant and animal health, including products, by-products and derivatives of animal and/or plant origin, agrochemical products, animal imports and propagation material (Table 3.38)

3.231.  Some of the main legal provisions related to sanitary and phytosanitary measures adopted during the review period include: (i) SENASA Resolution No. 76/2019, which removes the register of importers and exporters of animals, plants, reproductive and/or propagation material, products, by‑products and/or derivatives of animal or plant origin or goods containing ingredients of animal and/or plant origin among their components; (ii) SENASA Resolution No. 369/13, which creates the Traceability System for Phytosanitary and Veterinary Products, whereby all veterinary product transactions in the commercial chain throughout Argentina, including national and imported products, and the various types of retail premises selling such products are recorded. The system requires a seller and a buyer; (iii) SENASA Resolution No. 125/2014, which makes it mandatory for those who intend to engage in the export, import or international transit of products and by-products of plant origin to comply with the requirements established in bilateral agreements signed by the DNPV; and (iv) DNPV Order No. 4/2013, which creates SENASA's National Phytosanitary Register of Propagation, Micropropagation and/or Breeding Material Operators

3.232.  Only authorized imports of products and by-products of plant or animal origin or regulated food items that meet all the relevant sanitary, phytosanitary, zoosanitary and/or safety requirements in each instance are permitted to enter the country. In order to obtain authorization, the importer must complete all the necessary formalities, including the registration of each product and/or operator, the authorization of the establishment/plant of origin and approval of the audits at origin, where appropriate (Table 3.39)

3.233.  By its Resolution No. 76/2019 of 30 January 2019, SENASA removed its register of exporters and/or importers of animals, plants, reproductive or breeding material, products, by-products and/or those derived from animals or plants, or goods that contain ingredients of animal and/or plant origin among their components, created by SENASA Resolution No. 492 of 6 November 2001. Where required by current health regulations, SENASA will obtain information from the Register of Importers and Exporters of AFIP's Directorate-General of Customs (DGA) and the Single Register of Operators in the Food Processing Chain, created by Resolution No. 21-APN-MA of 23 February 2017 of the former Ministry of Agro-Industry

3.234.  A number of products are subject to sanitary/phytosanitary controls when imported or exported; these controls are carried out by SENASA, ANMAT and the INV, depending on the product.[436] For example, all shipments of products and by-products of grains for export or re-export must be subject to phytosanitary and quality controls by SENASA.[437]

3.235.  The issuing of an import authorization may require a risk analysis, depending on the product and the sanitary situation in the country of origin of the goods. For example, when importing a plant product, SENASA, through the Directorate of Foreign Plant Trade (DCEV), a department under the DNPV, may order an audit of the entire sanitary system of origin or an audit of the production chain for the goods intended for import specifically. Moreover, should SENASA or the DCEV and DNPV consider it necessary, the authority responsible for phytosanitary matters in the country of origin and/or provenance must provide guarantees for its national control system, which must have systems for auditing the entire production and marketing chain for plant products. The importation of plant products within ANMAT's jurisdiction that might involve a phytosanitary risk requires authorization and/or inspection from SENASA. In general, imported products of animal or plant origin, whether or not packaged for direct sale to the public, are controlled by SENASA, with the exception of edible oils which are the responsibility of ANMAT

3.236.  Imports of plants or parts thereof, whether in their natural state or processed to some degree, wood, products and derivatives of plant origin or goods and/or inputs containing components of plant origin believed to pose a phytosanitary risk require, in addition to the authorization issued by SENASA, a Phytosanitary Import Authorization (AFIDI), also issued by SENASA (DCEV). Products of plant origin that have undergone industrial or technological processing and are therefore believed not to be directly affected by crop pests do not require an AFIDI; however, they are inspected upon entering Argentina.[438] The AFIDI is the document indicating the phytosanitary requirements that must be met by products of plant origin. SENASA assesses AFIDI applications on a case-by-case basis. The document is valid for two months in the case of imports for consumption, and nine months for imports for propagation and growth media. It may be used for multiple shipments during these periods. The AFIDI must be processed via the management system for imported plant products (SIGPV_IMPO) and must be accompanied by a SENASA import certificate, following a physical and documentary verification of the goods in accordance with the phytosanitary requirements for import as set out in the AFIDI. The importer must be registered in the DGA's Register of Importers and Exporters. In the case of seeds, an import application authorized by INASE should also be presented. A flora certificate is required for live specimens, products and by-products of wild flora.[439] Where the goods are placed in wood packaging, a sworn declaration of wood packaging and wood for carriage and stowage must be presented in accordance with SENASA Resolution No. 614/2015

3.237.  Imports of plants, cuttings, buds and bulbs, which are considered to be products of greater phytosanitary risk, are to be quarantined upon entry. Products of plant and animal origin imported for the first time may be subject, if SENASA deems it necessary, to a prior inspection at origin

3.238.  The details of the phytosanitary policy are developed through the DCEV, which has the authority to establish the phytosanitary requirements for import after consulting the DNPV's various agencies, where necessary. Pest risk analyses are used to determine phytosanitary requirements. The country of origin of the goods is informed of the requirements and may make remarks and comments. Any changes deemed necessary and appropriate in the light of these remarks are made and the exporting country is notified for final confirmation or further comment. Once confirmation is received or the comments have been evaluated, the DCVE prepares the definitive import requirement and notifies the WTO

3.239.  The DNSA sets animal health standards based on the recommendations of the World Organisation for Animal Health (OIE) and on the latest scientific information available. Some animal health standards are defined at the MERCOSUR level by the Animal Health Commission and the Plant Health Commission of Working Subgroup (SGT) No. 8 on agriculture and the Food Commission of SGT No. 3 on technical regulations and conformity assessment. These standards are issued in the form of resolutions of the MERCOSUR Common Market Group, which are then incorporated into Argentine law

3.240.  Importing live animals and genetic material requires authorization from SENASA, which is based on a technical evaluation. This authorization must be obtained before the animals or genetic material are shipped from the exporting country and is valid for 30 days from the date of approval.[440]

3.241.  The DNICA is responsible for designing food product legislation. SENASA has the authority to suspend the import of food products if their entry involves a proven risk for human, animal or plant health. In the event of a recurrence, the complete suspension of the import authorization for a specific origin may be ordered. Moreover, SENASA has the power to change the specific import requirements to align them with the international reference standard. The WTO should be notified of such changes

3.242.  The development of sanitary and phytosanitary measures follows an established procedure. Annex II of SENASA Resolution No. 401/2010 contains a manual of legislative techniques and procedures for developing standards,[441] and SENASA Resolution No. 712/2016 sets out the procedure for SENASA to follow when handling draft legislation. Annex I of the Resolution establishes requirements for the various stages of the development process of a new SENASA standard, namely authorization to create and/or amend a new standard, the drafting of the legislative proposal, the internal consultation process, consultation with related sectors, legal analysis, public consultation and the preparation of the final draft

3.243.  During the period under review, a significant change was introduced which placed limits on the possible duration of sanitary or phytosanitary measures for the first time. Annex I, Article 3, of Ministry of Agro-Industry Resolution No. 381/2017 provides that all standards of the former Ministry of Agro-Industry and its decentralized agencies (including SENASA) imposing obligations on citizens and issued after the entry into force of the Resolution should expressly set a period of validity not exceeding four years, which may be extended once by a reasoned decision of the competent authority with the rank of under-secretary or higher

3.244.  Between 1 January 2013 and 31 December 2020, Argentina submitted 99 SPS notifications (including addenda and corrigenda) to the WTO, of which three were notified as emergency measures.[442] During this period, no other WTO Members expressed any new trade concerns regarding the sanitary and phytosanitary measures adopted by Argentina. Since the creation of the WTO in 1995, seven such concerns have been raised regarding the measures taken by the country, but none of them were during the review period.[443]