Bill 445.

Summary.

The bill establishes Front-of-Package Nutrition Warning Labeling (EFAN) to provide information about energy and critical nutrients in prepackaged food products, including beverages, intended for human consumption in Panama. It covers domestic and imported products distributed or sold in the Republic of Panama and natural or legal persons involved in their manufacture, packaging, importation, distribution, marketing or branding. It defines, among other terms, critical nutrients, sweeteners, packaging, the principal display panel, advertising, promotion and the warning seal.

The Ministry of Health of Panama (Ministerio de Salud de Panamá) would be responsible for implementation and oversight. It could coordinate with the Ministry of Education (Ministerio de Educación), the Ministry of Commerce and Industries (Ministerio de Comercio e Industrias), the National Customs Authority (Autoridad Nacional de Aduanas), and the Consumer Protection and Competition Defense Authority (Autoridad de Protección al Consumidor y Defensa de la Competencia). The Ministry of Health (Ministerio de Salud) could also request assistance from municipalities, entities of the Executive Branch (Órgano Ejecutivo), and other public institutions.

Using the Nutrient Profile Model of the Pan American Health Organization (Organización Panamericana de la Salud), the bill sets criteria for warning seals: 10% or more of total kcal from sugars; 30% or more of kcal from total fats; 10% or more of kcal from saturated fats; 1% or more of kcal from trans fats; and 1 milligram of sodium or more per one (1) kcal. It also covers products containing any amount of sweeteners or stimulants. Products meeting these criteria and marketed or distributed nationwide would have to carry the corresponding seals on the front of the package.

The seals would be printed as black octagons with white lettering and the words “EXCESO” or “CONTIENE,” followed by the relevant nutrient or ingredient; they would include the words “Ministerio de Salud.” Front-of-package labeling, labels generally and nutrition labeling would have to be in Spanish. Seals would appear at the top of each principal display panel on both primary and secondary packaging. Each seal would occupy at least 5% of that panel. For display panels smaller than 10 cm2, the bill provides for placement on secondary packaging and leaves alternatives for primary packaging to the regulations. It also prescribes the order of multiple seals, minimum spacing of one millimeter (1 mm), and design requirements to be developed by regulation.

Natural or fresh foods without the specified added ingredients would be exempt, as would listed categories under the applicable condition. These include bottled water, vegetable oils, foods sold in bulk or prepared at a customer’s request, sugar, coffee, flours, milk, legumes, honey, salt, dietary supplements, infusions and vinegar. Products bearing one or more seals could not include health or nutrition claims, elements that mislead consumers about the food, other front-of-package graphic nutrition labeling systems, or logos or certifications suggesting health or nutritional benefits.

The Executive Branch, through the Ministry of Health, would have to issue regulations within no more than six months of the law’s entry into force. The bill provides that the law would take effect on the day following its promulgation, gives regulated persons one year to adjust their labels, and assigns the Ministry an advisory role in the seal approval procedure. Its provisions could be relevant to food and beverage manufacturers, importers, distributors and retailers, consumers, and public authorities responsible for health, education, customs and consumer protection.