Bill 624.

Summary.

The bill seeks to give consumers clear information about the foods they choose and proposes two mechanisms: warnings on the front of prepackaged processed food containers and calorie information on menus. Its scope covers domestically and foreign-made products marketed or distributed in the national territory, as well as restaurant chains with more than five locations operating under the same name and menu. It defines unprocessed, minimally processed, processed, and ultra-processed foods, and sets out terms concerning sugars, fats, energy, sodium, sweeteners, culinary ingredients, and freshly prepared dishes.

The Ministry of Health (Ministerio de Salud) would direct these measures through regulations based on the recommendations and nutrient profile model of the Pan American Health Organization (Organización Panamericana de la Salud). That model would be used to identify products requiring warnings because of excessive critical nutrients. The ministry would also identify chains with more than 5 establishments sharing the same name and menu for calorie disclosure and would conduct mass information campaigns. In its restaurant provisions, the bill requires restaurants with five or more establishments under the same name and menu to state the calories in their dishes on menus, websites, applications, and delivery platforms. The listed businesses include restaurants, cafés, takeout outlets, specialty food stores, confectioneries, bakeries, catering services, and national air transport companies.

Energy content would be displayed in calories (cal), with a reference to serving size, in a position readily visible to anyone choosing the food. The statement that adults need around 2000 cal per day would also be displayed. Exemptions in this section cover single-ingredient unprocessed products to which no other ingredients or foods are added, and fresh fruits and vegetables sold separately that are neither part of a recipe nor added to a dish containing more than one ingredient.

For prepackaged processed food products marketed or distributed nationally, the bill requires a front-of-package warning when the applicable limits are exceeded. It sets warnings for excess sodium, sugar, total fat, saturated fat, and trans fat, using these criteria: one milligram of sodium or more per 1 kcal; 10% or more of energy from free sugars; 30% or more from total fat; 10% or more from saturated fat; and 1% or more from trans fat. The five warning seals would be black octagons with white lettering. Precautionary statements concerning sweeteners and caffeine, described as not recommended for children, would also be added. Packages measuring 40 cm2 or less would carry mini-seals indicating the number of critical ingredients.

Products bearing one or more warning seals could not include on their labels child-oriented characters, animations, cartoons, celebrities, athletes, or mascots that encourage children to consume, buy, or choose them. The front-labeling requirement would exempt the listed unprocessed or minimally processed foods and ingredients, including fruits, vegetables, grains, meats, milk, oils, sugar, honey, and salt. The responsible health authority would establish sanctions beginning with a notice requiring improvements; failure to comply with such a notice could lead to a financial sanction and ultimately cancellation of the Operating Notice. The Executive Branch (Órgano Ejecutivo), through the Ministry of Health, would regulate the adjustment period for both measures, the sanctions, and their enforcement. The bill provides for commencement on the day after promulgation in the Official Gazette.

The related public institutions are the Ministry of Health, which would direct and regulate the measures; the Executive Branch, to which the bill assigns regulatory responsibility; and the National Assembly (Asamblea Nacional), before which the bill is presented. Its provisions would concern food manufacturers, distributors and retailers, restaurant chains, delivery services, food outlets, national air transport companies, and consumers.