Planning to sell products in Puerto Rico? Then you may need to ensure compliance with local product compliance requirements, covering labeling, licenses, and lab testing. This guide covers such requirements applicable to textiles, jewelry, and electronic cigarettes.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Puerto Rico. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) may apply.
Textile Products Labeling Act
The Textile Products Labeling Act sets up rules for textile products sold in Puerto Rico, such as clothing and towels. It specifies requirements for labeling information and registration.
The requirements of the Puerto Rico Textile Products Labeling Act apply to products such as:
- Carpets and rugs
- Textile wall furnishings
Under the Puerto Rico Textile Products Labeling Act, it is illegal to manufacture or sell any textile product that is falsely labeled or unlabeled. Any textile products sold or distributed in Puerto Rico must be properly labeled according to the requirements of this act.
A textile product is considered falsely labeled under these conditions:
a. The information provided on the product label, invoice, or bill of lading does not reflect the nature or composition of the product
b. The label claims that the textile product is made of animal skin but in reality, it is not
c. The textile product is used but the label does not contain this information
d. The textile label does not include the name of the country where the product was manufactured or processed
This act requires manufacturers, distributors, or resellers of textile products in Puerto Rico to register with the Department of Consumer Affairs and provide the following information:
- The name of the manufacturer, or the agent, or representative
- Office address of his office or main business
- Telephone number
Any information on the textile label should be written in Spanish and/or English and should include the fibers or combination of fibers contained in the textile product by their generic name.
The trade name of the fibers may be indicated next to the generic name. If a fiber represents less than 5% in the product, it should be labeled as “another fiber” or “other fibers”.
Purchase and Sale of Precious Metals and Stones Regulation
The Purchase and Sale of Precious Metals and Stones Regulation of Puerto Rico set purchase, sales, and registration requirements for precious metals and stones used as jewelry, decorations, or other products.
The requirements of this regulation apply to precious metals including but are not limited to the following:
- Sterling silver
This regulation also covers precious or semiprecious stones or gems such as the following:
The Purchase and Sale of Precious Metals and Stones Regulation of Puerto Rico require that any person who engages in the trade of precious metals or precious stones must obtain the purchased license from the Secretary of the Treasury of the Commonwealth of Puerto Rico.
Under this regulation, every trader of precious metals or precious stones should keep a record in Spanish or English of each transaction or purchase of precious metals or precious stones. The record should include the following information:
a. The name of the buyer or of his employee or agent who makes the purchase
b. The name, address, and age of the vendor
c. The place, date, time, and price of purchase
d. Description of the purchased article, i.e. the type, weight, engraved name, or mark, if applicable
e. A copy of the receipt signed by both the buyer and the seller and identification of the precious metal or stones.
Puerto Rican Arts and Crafts
The Puerto Rican Arts and Crafts is a labeling regulation for souvenirs sold in Puerto Rico, such as key chains, magnets, or photo frames. It sets requirements concerning the manufacturing country of origin of such products.
This regulation applies to souvenirs such as:
- Key chains
- Refrigerator magnets
- Coffee mugs
- Miniature license plates
This regulation prohibits the sales, importing, or distribution of articles that are not manufactured in Puerto Rico but include the phrases like “Souvenir of Puerto Rico”, or “Puerto Rico” on the label.
The e-Cigarette Regulations establish requirements regarding the packaging, purchase, sales, and marketing of e-Cigarettes and vaporizers sold in Puerto Rico.
The requirements of Puerto Rico e-Cigarette Regulations apply to electronic cigarettes such as:
- Electronic water pipes
- Electronic pipes
The regulations prohibit the sales of electronic cigarettes to persons under the age of 18. Additionally, sellers of electronic cigarettes should not place advertisements or commercial notices for electronic cigarettes within 500 feet of the following venues:
- Public or private schools
If the electronic liquid contains nicotine, the packaging of the liquid containers must indicate the volume of the nicotine solution.
Manufacturers or sellers of electronic cigarettes must make sure their products comply with the requirements of the Puerto Rico e-Cigarette Regulations. They should consult with a qualified laboratory to confirm whether their products comply with these regulations, for instance by assessing the volume of nicotine solution, when the products contain nicotine content.
Act for the Promotion of Reusable Bags and Regulation of Plastic Bags in the Commonwealth of Puerto Rico
This act prohibits retail shop owners from providing disposable bags to customers in Puerto Rico.
The ban on disposable plastic bags is applicable in certain commercial environments such as grocery stores and retail stores.
This ban does not apply to packages for these products or venues:
- Handle-less plastic bags
- Packages used to transport farm products
This act prohibits retail stores and other commercial stores from providing disposable plastic bags to customers. It does not prohibit the customers from using their own plastic bags in the stores to carry their articles and products.
Product Liability Law
Manufacturers in Puerto Rico have the responsibility to ensure that their products are safe for consumers to use, and they are liable for the defects that cause injury or loss to consumers.
The product liability law applies to consumer products circulated in the market. Examples of covered products categories include:
According to article 1544 of the Civil Code of Puerto Rico, manufacturers should be held liable for the following defects that happen to the product:
a. Design defect (e.g. manufacturers do not design the product properly to avoid potential dangers during the designing process)
b. Manufacturing defect (e.g. manufacturers do not assemble the product properly during the production process)
c. Marketing defect (e.g. manufacturers do not provide sufficient warnings or instructions)
Manufacturers have the responsibility of providing sufficient warnings or instructions to the consumers in order to avoid damages.
|Textile Products Labeling Act||Link|
|Purchase and Sale of Precious Metals and Stones Regulation||Link|
|Puerto Rican Arts and Crafts||Link|
|Act for the Promotion of Reusable Bags and Regulation of Plastic Bags in the Commonwealth of Puerto Rico||Link|
|Product Liability Law||Link|