Summary.
The draft bill proposes adding a section to the Health Code to establish the Health Licensing System for Food Handlers. The Ministry of Health (Ministerio de Salud) would administer it through health licensing, the Unified Health Card, a registry, electronic records, verification mechanisms and administrative procedures. A license would certify compliance with medical, health and training requirements for handling food. The card would serve as the official document and replace documents issued for the same purpose, without removing the controls prescribed by regulation.
The Unified Health Card could be issued in physical or digital form, or both, with equal legal effect. It would identify the holder, their identity document, registration number, licensing status, and the issuance and validity dates of their medical and training certifications, along with information required by regulation. The two certifications would retain separate validity periods. Renewing one would not affect the other or require a document other than the card; the Ministry of Health would update the information electronically.
The registry would be the official source for checking whether licenses remain valid. Each licensed person would have an electronic record containing their certifications, administrative history and related documents. Its information would be confidential and processed in accordance with the Political Constitution, personal data protection legislation and other applicable rules. Public access would show only whether the license remains valid. The Ministry of Health could exchange information with other public entities to verify it: checking official systems would have the same effect as presenting the card, and a public authority could not request additional documents when it could verify the information electronically.
People subject to the system would have to keep their licenses valid. Employers would check validity before food handlers begin work and throughout the employment relationship. The Executive Branch (Órgano Ejecutivo), through the Ministry of Health, would define the requirements, training programs, procedures, validity periods and verification mechanisms by regulation. The ministry would establish notices of upcoming certification expirations; failure to give notice would not extend a license. It could also issue a verifiable provisional electronic certificate when renewal or replacement of the card is requested in time and the applicable requirements remain satisfied.
The Ministry of Health would implement the system progressively and preserve the validity of prior licenses. Existing documents would remain valid until they expire; renewal or replacement would result in issuance of the unified card. The Executive Branch would update the regulations within 180 days of promulgation. Incompatible regulatory provisions would be repealed, and the proposed law would take effect 180 days after its promulgation in the Official Gazette (Gaceta Oficial). The provisions concern the Ministry of Health, the Executive Branch and other public authorities, as well as employers, workers and establishments in the food sector.
What it proposes.
- Health licensing of people who handle food.
- Issuance and verification of the Unified Health Card.
- Registry, electronic records and data processing.
- Transition from earlier documents and updates to regulations.
Who it would affect.
- People who handle food.
- Employers of food handlers.
- Ministry of Health and public authorities that verify licenses.
Key points.
- Proposes creating the health licensing system and assigning its administration to the Ministry of Health.Art. 1
- Establishes the Unified Health Card as an official document, physical or digital, while keeping the validity periods of medical and training certifications separate.Art. 1
- Creates a registry and electronic records; limits public access to licensing validity and allows verification through official systems.Art. 1
- Requires licenses to remain valid and assigns employers responsibility for verifying them before and during the employment relationship.Art. 1
- Provides for expiration notices and a provisional electronic certificate when renewal or replacement is requested in time.Art. 1
- Provides for progressive implementation of the system and preserves the validity of earlier documents until they expire.Arts. 2-3
- Directs that regulations be updated, repeals incompatible regulatory provisions and sets a deferred effective date.Arts. 4-6