The Ministry of Health has published Decree 41 in the Official Gazette (Number 43,827), which modifies article 383 of the Health Food Regulations.
“Article 383.- The name sugars will be understood as sweetening carbohydrates, refined, concentrated and/or crystallized monosaccharides and disaccharides, for labeling purposes, which must be labeled with their specific name.
Sugars will be classified into “traditional” sugars and “non-traditional” sugars.
“Traditional” sugars mean carbohydrates, refined, concentrated and/or crystallized monosaccharides and disaccharides, which provide 4 kcal per gram, such as: glucose, fructose, galactose, sucrose, lactose and maltose.
“Non-traditional” sugars mean the following carbohydrates: Tagatose and Allulose.
When, in this regulation, sugars are mentioned without another name, they will be understood as traditional sugars. Furthermore, in the case of establishing sugars as a condition in the ingredients of various products regulated in this regulation, their replacement, total or partial, with non-traditional sugars will be accepted.
Both types of sugars, traditional and non-traditional, must be labeled with their specific name in the ingredient list.
In the declaration of nutrients, non-traditional sugars must be declared with their specific name and must not be considered either in the contribution of total sugars or total sugars, or in the contribution of available carbohydrates.
The caloric contribution of non-traditional sugars must be considered in the energy contribution of the product, and will be calculated according to the energy conversion factors established, for these purposes, by the Ministry of Health through a technical standard published in the Official Gazette.
In products made with non-traditional sugars, the following phrase must be labeled, as appropriate:
- In the case of Allulose: “Intakes of 28 grams/serving or more of Allulose may cause gastrointestinal discomfort or a laxative effect.”
- In the case of Tagatose: “Intakes of 30 grams/serving or more of Tagatose may cause gastrointestinal discomfort or a laxative effect.”
Article 2.- This decree will come into force 24 months after its publication in the Official Gazette.