Bill 149.

Summary.

The bill proposes to recognize the right of every person and community to adequate, nutritious, sufficient, quality food, without discrimination or conditions. It defines concepts including the normative food basket, food self-sufficiency and sovereignty, food waste and priority groups. It links the exercise of the right to physical and economic access to food, sustainable production and access to water. Protection would operate under the Political Constitution (Constitución Política) and the human rights treaties to which Panama (Panamá) is a party. Authorities would act within their powers and expressly approved resources. The State would allocate funds to municipalities, which would plan with Community Boards (Juntas Comunales), encourage public participation, store food for people at risk and support community dining facilities. Public servants would be prohibited from acting on interests unrelated to the bill’s purposes.

Municipalities would develop food policies for children and priority groups in coordination with the Ministry of Health (Ministerio de Salud), Ministry of Social Development (Ministerio de Desarrollo Social), Ministry of Women (Ministerio de la Mujer), National Secretariat for Children, Adolescents and Family (Secretaría Nacional de Niñez, Adolescencia y Familia), and Ministry of Education (Ministerio de Educación). The bill provides for free school meals according to vulnerability, supplies of preferably fresh food and drinking water, and community education on nutrition and sustainable production. It recognizes daily consumption of the components of the normative food basket; the Ministry of Health would prepare its list annually. It prohibits discriminatory conditions on their supply. Municipalities would coordinate public food markets and agricultural fairs and establish dining facilities with Community Boards and schools; the Ministry of Health would verify their health and operating conditions.

For food supply, municipalities would promote distribution, infrastructure, food reserves and loss reduction. Conduct affecting competition in food supply chains would be reported to the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia). Harmful substances would be prohibited in production, transport, storage or packaging. The bill sets sustainable production objectives, including support for small and medium-scale producers and preservation of traditional methods. Production programs would include surplus management plans and storage facilities by district. The Executive Branch (Órgano Ejecutivo) and local governments would promote waste prevention; commercial establishments could not discard food fit for human consumption.

The bill creates SIMUNAN as a forum for coordinating policies, resources, food recovery and community dining plans. Its council would bring together government, social sector, private sector and producer representatives and meet at least once a month. The SIMUNAN Council (Consejo del SIMUNAN) would have a technical secretariat and working groups, including the Working Group for the National Food Strategy (Comisión de trabajo para la Estrategia Nacional de Alimentación) and Conflict of Interest Prevention Committee (Comité de Prevención de Conflicto de Interés). Food Committees (Comités de Alimentación) would enable local participation after at least one member receives training and the committee is established at a public assembly; they could plan activities and monitor municipal action.

Breaches of the bill’s obligations would lead to administrative sanctions under the competent authority and applicable rules, without excluding civil or criminal liability. The bill provides for entry into force 60 days after publication in the Official Gazette and sets deadlines to convene preparation of its implementing regulations, establish the Intersectoral Council (Consejo Intersectorial), and make legislative adjustments. Implementation would depend on approved budgets. Its provisions would concern municipal and education authorities, health and social services, communities, agricultural producers, distributors and food retailers.