Bill 498.

Summary.

The bill would allow consumers in the Republic of Panama to choose water as part of any fast-food combo at no additional cost. It presents this option as a way to encourage responsible and healthy consumption habits, in keeping with the principles of the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It would apply nationwide to every commercial fast-food establishment offering food-and-beverage combos, regardless of size or type. Each establishment would have to offer water as an alternative to the sugary drinks included in those combos.

Establishments would have to display the water option prominently and accessibly on menus and at points of sale, in accordance with Law 45 of 2007 on Consumer Protection (Ley 45 de 2007 sobre Protección al Consumidor). The water offered, whether filtered drinking water or bottled water, would have to meet the quality standards established by the Ministry of Health (Ministerio de Salud). Establishments would also have to communicate the availability of this option clearly through their menus, signs at points of sale, and communication platforms, including social media and websites. These provisions address both the availability of water in a combo and the information consumers receive before choosing a beverage.

The Ministry of Health, working with the Ministry of Education (Ministerio de Educación), would carry out permanent educational campaigns on reducing the consumption of sugary drinks and choosing water as an alternative. The campaigns would address various sectors of the population, with particular emphasis on children, adolescents, and young adults. The Ministry of Commerce and Industries (Ministerio de Comercio e Industrias), in coordination with the Ministry of Health, could award annual distinctions to establishments recognized for their commitment to public health.

Noncompliance would be subject to monetary fines and other corrective measures determined by the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia, ACODECO), in line with existing legislation and principles of administrative justice. ACODECO would conduct regular audits and inspections of fast-food establishments and publish an annual report on the law’s impact on public health and on establishments’ compliance. The bill provides that the proposed law would take effect 365 days after its publication in the Official Gazette.

The public bodies involved are the Ministry of Health, the Ministry of Education, the Ministry of Commerce and Industries, and the Consumer Protection and Competition Defense Authority. The bill’s provisions could concern fast-food establishments in the Republic of Panama, their consumers, suppliers of filtered drinking or bottled water, and the public health, education, and consumer protection sectors.