Publication of the General Law on Adequate and Sustainable Food

Below, we outline the main aspects established by the "General Law of Adequate and Sustainable Food":

1. 1. Recognition for all persons to the right to an adequate diet, including physical and economic access to safe food with nutritional quality and in sufficient quantity.
   2. Prohibition on any discrimination action that violates human dignity that has the purpose or effect of undermining the exercise of the right to adequate food.
   3. Adoption of measures to prevent individuals from depriving people of access to adequate food.
   4. Development of policies to promote and support breastfeeding.
   5. Obligation for elementary schools that provide meals or lunch in schools, to adhere to certain guidelines for the sale or distribution of food and beverages.
   6. Promotion of restrictions with regard to the marketing, distribution, donation, advertising and sponsorship of pre-packaged food and beverages when these exceed the maximum limits of certain critical nutrients and ingredients, both inside and in the surroundings of the schools.
   7. Promotion for the consumption of adequate food, preferably prepared with local products and at accessible prices, in middle and high schools.
   8. Public and private institutions of elementary, middle, and higher education must promote compliance with certain guidelines for the marketing or distribution of food and beverages in establishments for school consumption, as well as the regulations related to the promotion of healthy lifestyles issued by the relevant authorities.
   9. Recognition to the right of access to nutritional information that is culturally relevant, accurate, timely, understandable, affordable, and quality for making healthy dietary decisions.
   10. Promotion of educational campaigns on healthy and quality nutritional information, that foster an adequate nutrition and consider the age, gender, and intercultural perspective.
   11. General requirements are established with regard to the information of pre-packaged food products, both on their labels and back labels, including with respect to the origin, critical nutrients, ingredients, and other elements as determined by the Ministry of Health, including the obligation to warn about the presence of ingredients that come from the use of genetically modified organisms.
   12. The use of mechanisms to provide information to consumers, including labelling and advertising regulations (e.g., ingredients, substances, techniques, or processes that may imply a health risk) is foreseen.
   13. A specialized consultation process on nutrition is foreseen, as well as the obligation for producers and distributors to provide to the authority information on the inputs and processes they use on the food.
   14. Prohibition on the use of certain substances as part of  the production, transportation, storage, or packaging of food processes, when the same are harmful to health and environment.
   15. The concept of normative basket is created.
   16. In the area of public procurement, a certain percentage of government purchases of food and primary inputs must be made directly from small and medium-scale producers, and the production of local crops will be promoted as well.
   17. Requirements to be observed by establishments that provide food or beverage services, including in terms of safety, free water supply, messages on menus, food options and preparations and reuse of oils, among others.
   18. Creation of a new administrative infraction consisting of coordinated conduct with the purpose or effect of preventing competition from new producers or distributors to the detriment of the population's right to adequate food. Conduct that is punishable by fines as well as closure.
   19. Surveillance through Food Committees (with social participation) of conducts in the production, processing, distribution, or marketing that may diminish, damage, impede or condition in any way free competition or economic competition in the provision of adequate, healthy, safe and nutritious food.
   20. Obligation to ensure that workplaces (including companies and businesses) having food or beverage distribution areas, offer nutritious, safe and quality food, and to ensure access to free drinking water.
   21. Prohibition for commercial establishments to discard food that is in a condition to be consumed.
   22. Requirements regarding the determination of food emergencies.
   23. Creation of the SINSAMAC with very broad authorities on matters of National Food Policy (including the power to give an opinion on the pricing of nutritious foods), presided over by the head of the Federal Executive.
   24. Penalties for both public servants and private individuals and entities for the non-compliance with the provisions of the Law.

Next Steps:

1. 25. 25. The Law entered into force the day after its publication, on April 18, 2024.
       26. The Executive Power has a term of 180 calendar days after the entry into force of the Law -term that expires on October 14, 2024- to publish the Regulations of the Law on Adequate and Sustainable Food, which shall contain more detailed and specific provisions.
       27. The Ministry of Health has a term of 180 calendar days after the entry into force of the Law -term that expires on October 14, 2024, to publish the normative baskets.
       28. Within 360 calendar days of the entry into force of the Law -term that expires on April 12, 2025- the Congress of the Union must make the necessary amendments for the harmonization of the federal legislation.

Hogan Lovells is ready to advise you on the publication of the General Law on Adequate and Sustainable Food.

We hope the above is useful and we remain attentive to any questions or comments you may have.

Authors: Ernesto Algaba, Cecilia Stahlhut, Alan Ramírez and Paola Neri.