Regulatory news in the Americas
The Commission on Dumping, Subsidies and Non-Tariff Trade Barriers of the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI in Spanish) Indecopi, through Resolution No. 73-2022/CDB-INDECOPI, declared as a non-tariff trade barrier the prohibition of the use of stickers with advertising warnings that must be consigned on imported processed foods and soft drinks.
The Minister of Health, Fernando Ruiz, is summoned to a political control debate to answer for the delay to implement the front labeling of food contemplated in Law No 2120 of 2021 on “measures to promote healthy food environments and prevent non-communicable diseases and other provisions are adopted”.
The Act mandates that the Ministry adopt the labeling model that has the most scientific evidence free of conflict of interest. That model is the hexagonal warning model as indicated by all academics and organizations, a model that is used in more than 20 countries in the world, and especially in our region in countries such as Chile and Mexico.
Bill 907/22 has been introduced in Congress, which aims to modify the regulation on labeling of processed foods to include the following warning: “contains gluten – harmful to the health of consumers with celiac disease” or “does not contain gluten”.
Currently, the law defining the labeling of products containing gluten (Law 10.674/03), which establishes that industrialized foods must contain on their label and insert, mandatorily, only the inscriptions “contains gluten” or “does not contain gluten”.
The Ministry of Agriculture, Livestock and Supply (Mapa) published the Ordinance Nº 562 of July 1994 (Beverage Law) which provides for the standardization, classification, registration, control, production and inspection of beverages.
The proposed new regulation of the Beverage Law focuses on identity and quality requirements, which involve the composition and labeling of beverages; technological requirements, which involve the controls of the processes of the establishments to offer products with quality and safety; and administrative procedures, which involve the inspection and registration carried out by Mapa.
Since April, Brazilian consumers will have access to a digital educational platform dedicated to explaining how to read and understand the information on food labels. Olho na Lupa, composed of the website http://www.olhonalupa.com.br and profiles on social networks, is an initiative of 11 associations representing the food and beverage and retail industry.
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