In brief
Resolution No. 56/2026 of the Secretariat of Industry and Commerce (the “Resolution”) approves a Market Surveillance Protocol aimed at strengthening government control actions over products marketed within Argentine territory and over measuring instruments used in commercial transactions. Its primary objective is to ensure the protection of consumers’ health and safety, commercial fairness, and compliance with applicable technical regulations and quality standards, within the framework of the Consumer Protection Act and the Commercial Fairness regime. However, it may also be interpreted as an indirect signal of protection for domestic industries affected by competition from Chinese products that may fail to comply with the applicable regulations.
In focus
The protocol applies to all goods and products subject to technical regulations, as well as to measuring instruments used in commercial activities (for example, scales, fuel dispensers, or other equipment that determines weight, volume, or quantity). Market surveillance covers aspects related to the marketing, labeling, advertising, and technical characteristics of products, where these may pose risks or affect consumers’ rights.
The Resolution establishes a broad and flexible control system that includes, among other measures, documentary reviews, technical inspections, market sampling, testing in specialized laboratories, and on-site verifications at manufacturing, importation, marketing, or storage facilities. In addition, random border controls are foreseen for imported products, based on a risk-based approach.
The protocol specifically regulates the sampling procedure, which generally provides for the extraction of three identical samples: one for the initial analysis, one for a potential counter-verification, and a third to remain under the custody of the economic operator as a “faithful custodian.” Tests must be conducted in public or private laboratories with adequate technical capacity, giving priority to those accredited by the Argentine Accreditation Body (OAA).
The costs of sampling and testing are initially borne by the State; however, if non-compliance with the applicable regulations is verified, such costs must be reimbursed by the responsible party, without prejudice to the application of administrative sanctions (including substantial fines and orders to cease commercialization). The Resolution also modernizes the administration of these controls by providing that procedures related to market surveillance be processed through the Remote Procedures Platform (Trámites a Distancia (TAD)) and by updating the prior regulatory framework.
Download the Spanish version of Argentina: New Protocol to Control Products and Measurements.