Brazil – Project to ban the use of titanium dioxide in food manufacturing

Bill 2257/22 was introduced in the Chamber of Deputies, which prohibits the use of titanium dioxide in the manufacture of food, as well as the importation of articles containing this substance. The text under analysis in the House establishes that any non-compliance with the regulations will be a violation of federal health regulations (Law 6.437/77).

Titanium dioxide is a chemical compound, derived from a natural mineral, used as an industrial colorant, among other purposes. Currently, this use is authorized in Brazil by the National Health Surveillance Agency (Anvisa).

According to the author of the proposal, Deputy Ney Leprevost (União-PR), in the case of the use of titanium dioxide in food, studies indicate the potential to cause inflammatory lesions in the intestinal tract of experimental animals.

A proposal with similar content (PL 1370/11) passed through the House for two legislatures and was even approved by the Committee on Environment and Sustainable Development, but ended up shelved in 2019.

Ecuador: Special Regime Food Reclassification Project

The National Agency for Regulation, Control and Sanitary Surveillance (ARCSA in Spanish) published a draft of external instructions on reclassification to Foods for Special Dietary Uses.
The purpose of the instructions is to establish the technical criteria for the reclassification of a product to the category of food for special diets, to define the guidelines for obtaining the sanitary notification or online GMP certified registration, and the steps to follow to request the depletion of stocks.
Consultation valid until August 22, 2022.

Article – Did the octagons respect international law? Compatibility analysis of the Law on the Promotion of Healthy Eating for healthy eating for children and adolescents in adolescents of Peru

This article presents a legal analysis of Peru’s compliance with the WTO TBT Agreement by developing a series of technical regulations on healthapplicable to food known as “octagons”. It starts from the study of the internal regulations in light of the international one, supported by jurisprudence and doctrine, to finally conclude that the Agreement was not fully complied.

Colombia – New tax rates for ultra-processed foods and sugar-sweetened beverages in tax reform bill proposed by the new government

The announced Tax Reform Project for Equality and Social Justice of the Government of Gustavo Petro arrived at the Congress of the Republic.
Among the new sources of money for the State would be taxes on sugary drinks and ultra-processed foods, as well as on single-use plastics and sources of carbon pollution.

Sugar-sweetened beverages and soft drinks would be taxed according to sugar content in grams per 1000 milliliters of beverage. In other words, the more sugar, the more expensive the product will be. This measure is expected to accumulate 1.02 trillion pesos.

In the case of ultra-processed foods, which include sausages, snacks, sweets and powders for preparations, a tax of 10% of the total cost is proposed. With this measure it is estimated to collect at least 1.09 trillion pesos, but it is intended more for the potential adverse effects they have on the health of Colombians. The percentage of GDP with this tax would be 0.15%.

Brazil – MAPA Ordinance eliminates expiration date for fresh packaged products

The Ministry of Agriculture, Livestock and Supply (MAPA in Portuguese) published Ordinance No. 458, which dispenses with the obligation to indicate the expiration date on packaged fresh vegetables. The new ordinance modifies Normative Instruction No. 69/2018 and complies with Resolution RDC No. 259/2002 of the National Health Surveillance Agency (Anvisa), which already provided for the waiver of this information.

The secretary of Agricultural Defense of the Map, José Guilherme Leal, explains that the measure is important in the fight against food waste, because tons of fruit are lost annually in Brazil due to the expiration date, however, without being suitable for the consumption. “The expiration date that appeared on the packaging was not related to the quality of the product, since the consumer himself is able to see if a vegetable product is suitable for consumption only by visual appearance,” said Leal. When buying fresh vegetables, the consumer can identify if they are rotten, withered or smelly, that is, if they are not good for consumption.