Global Food Legislation

An Overview

Evelyn Kirchsteiger-Meier, Tobias Baumgartner, Evelyn Kirchsteiger-Meier, Tobias Baumgartner

• Publisher: Wiley-VCH
• Year: 2014
• Print ISBN: 9783527335558
• eBook ISBN: 9783527680818
• Edition: 1
• Topic: Technology & Engineering
• Subtopic: Food Science
• Index: Technology & Engineering

Food is produced not only to be consumed in the country of its origin, but also to be exported to various locations worldwide. As such, manufacturers and suppliers need to know the market conditions and regulations of their customers in export markets.

Filling a distinct need in the globalized food economy, this introductory reference distils the key facts and regulations from the food laws of 10 countries and the European Union across four continents. The result is a truly global survey of the world's most important food markets in terms of regulatory standards, principles and the authorities involved.

To enable comparison between each country portrait, each chapter is structured in the same way, and includes information on the legal framework, the competent authorities, explanations of the basic principles of food law, introductions to the main areas of regulation (particularly, labeling and advertising; food hygiene and safety; additives and flavorings; food supplements; genetically modified organisms; import and export regulations), accountability regulations, and information on Internet resources.

The publication therefore provides key facts for food producers active on the international market, who often lack the time and resources to refer to the primary laws and legal commentaries.

Markets discussed:

• Argentina
• Brazil
• Canada
• China
• European Union
• Japan
• USA
• Republic of Korea
• Russian Federation
• Switzerland
• Turkey

1
Argentina

Alejandro Ariosti and Margarita Olivera Carrión

1.1 Legal Framework

1.1.1 Introduction

Argentina is a federal country, so her legal framework has national and provincial levels. National laws approved by both Chambers of the National Congress, must be promulgated by Decrees issued by the National Executive Power, which establishes their publication in the Official Bulletin and the period for the law's entry in force. Each province used to have its own food regulation, until 1969, when a national food law was passed. This law created the Argentine Food Code (CAA),¹ which is the Annex to National Law 18284/69 and its Regulatory Decree 2126/71. Provinces can pass provincial laws, as long as they do not contradict national laws.

In addition to complying with the CAA, some food groups have a specific set of regulations. For example, for meats and its derivatives, a Regulation on Inspection of Animal Origin Food established by Decree 4238/68 is in force; it has been applied nationwide since 1968 and is updated regularly. The fact that both Decree 4238/68 and the CAA were approved in less than 1 year indicated at that time the need to establish a regulatory framework with defined physical, chemical, and microbiological requisites (among others) for all types of foods. This regulatory framework has been designed to ensure the safety and authenticity of food products, and to avoid their possible adulteration and undesirable modification.

Law 14878/59 on oenological products, approved in 1959, regulates the manufacture and marketing of wines and other oenological products, and is one of the oldest Argentine food laws.

Other mandatory national laws that apply to food commerce are the Consumer Defense Law 24240/93 and the Commercial Loyalty Law 22802/83, which establish, among other topics, net weights and their tolerances for different products.

Geographic Indications and Denominations of Origin for agriculture products and processed foods must comply with Law 25163/99, except in the case of wines, which are covered by Law 25966/04.

The enforcement and fulfillment of these laws require the Ministries to approve specific “Resolutions” that can be applied in particular topics. Decisions issued by bodies dependent on the Ministries are called “Dispositions”, and serve as references for the whole country's jurisdiction; for example:

• Dispositions on medical food and energy drinks issued by the Drug, Food and Medical Technology National Administration² (ANMAT; dependent on the Ministry of Health).
• Dispositions on specific animal and vegetal food issued by the National Service of Agrarian and Food Health and Quality³ (SENASA; dependent on the Ministry of Agriculture, Livestock and Fisheries).

Finally, in a descending hierarchy, “Ordinances” are issued by Municipalities and apply at the district level.

The sanction of the CAA implied a great update effort in general food aspects and in the specific main food groups. It is recognized as a regulatory improvement at the national level due to the comprehensiveness and depth with which different subjects are treated. At the Latin American level, the CAA also represented a pioneering legal framework and a referent in food legislation for several countries since the 1970s.

The Argentine food scientist Dr. Carlos Grau, a pioneer in advocating harmonization of food regulations, was the main author of the Latin American Food Code (1960), that reproduces the Argentine Federal Food Regulation (1953), the regulation on which the CAA was based.⁴ The Latin American Food Code was also the basis for several regulations in Latin American countries during the 1960s. A revised version was published in 1964.

The text of Law 18284/69 is relatively short, but its Annex, the CAA, comprises 22 chapters (Table 1.1). The first five chapters can be considered as horizontal, dealing with the following topics: general (Chapter I), processing plant requirements (Chapter II), contaminants and allowed preservation treatments (Chapter III), food packaging and other food contact materials (FCMs) (Chapter IV), and food labeling (Chapter V). Chapter XVIII is also horizontal because it deals with general food additives requirements.

Table 1.1 Structure of the CAA

Subject	Description	Chapter
General	General definitions	I
	Standards for factories and other facilities	II
	Contaminants limits (inorganic, organic, and microbiological); catering and ready meals; preservation methods	III
	Food packaging and FCMs	IV
	Labeling	V
Specific	Meat products, poultry, fish, and eggs	VI
	Oils and fats	VII
	Dairy foods	VIII
	Farinaceous foods	IX
	Confectionery products (including honey and specialties)	X
	Vegetal foods	XI
	Waters, non-alcoholic beverages, ice creams and powders for their preparati...

Table of contents

• Cover
• Related Titles
• Title Page
• Copyright
• Abbreviated Table of Contents
• Preface
• Notes on Contributors
• Chapter 1: Argentina
• Chapter 2: Brazil
• Chapter 3: Canada
• Chapter 4: China
• Chapter 5: European Union*
• Chapter 6: Japan
• Chapter 7: Republic of Korea
• Chapter 8: Russian Federation
• Chapter 9: Switzerland
• Chapter 10: Turkey
• Chapter 11: United States of America
• Index
• End User License Agreement