Modification of Chapter XXI “Procedures” of the Argentine Food Code

On May 22, 2023, Resolution No. 18/2023 of the Secretariat of Agriculture, Livestock and Fisheries and the Secretariat of Health Quality was published in the Official Gazette of the Nation, amending the Argentine Food Code (hereinafter “The Code“)by adding two articles to Chapter XXI “ Procedures” on the technical and sanitary requirements for the Sanitary Authorization of Food Establishments and the Sanitary Authorization of Food Products.

This is within the scope of the FEDERAL FOOD CONTROL PROGRAM (PFCA), which constitutes an internal work guide within the framework of the National Administration of Drugs,, Food and Medical Technology (“ANMAT” for its acronym in Spanish), in which the priorities, objectives and goals, as well as the specific actions to be carried out in the short and medium term are communicated..

Through this program, food control health authorities established the need to develop guidelines with harmonized and agreed-upon procedures to strengthen the National Food Control System (SNCA).

In turn, the National Food Commission (“CONAL” in Spanish) intervened,which determined thatthe “Guidelines for the Sanitary Authorization of Establishments” defined by ANMAT Provision No. 14023/2016, 14023/2016, and recommended by CONAL according to Act No. 109, should be revised to harmonize the technical and sanitary requirements for the Sanitary Authorization of Establishments according to CONAL Act No. 12 120.

First, Article No. 1416 bis was incorporated into the Code, which defined the provisions applicable by the health authorities for the sanitary authorization of a food establishment requesting registration, re-registration, modification and/or update in the Register of Establishments. Annex I of the Resolution No. 18/2023 includes:

1. Definitions of applicable terms;
2. The information and documentation requirements to be completed by the applicants (Owner’s data, establishment data and technical director’s data);
3. The administrative procedure to be carried out in order to obtain the authorization of food establishments and,
4. The minimum information that must be included in the Certificate of Establishment Registration issued by the authority,i.e.: The registration number,, theidentification code, , the establishment owner’s data, thedate of issuance of the certificateand itsexpiration date,and thesignature of the person in charge of the Competent Health Authority..

The minimum information that must be included in the Certificate of Establishment Registration issued by the authority, i.e.: Article No. 1416 tris, on the sanitary authorization of a food product, was also incorporated into the Code.. Annex II of the Resolution incorporates:

1. The requirements for obtaining sanitary authorization for a food product;
2. The information that must be included in the Food Product Registration Certificate , among which are: the issuing Competent Health Authority, , registration number,productdata,product holder data,the date of issuance of the certificate andits expiration date, and thesignature of the person in charge of the Competent Health Authority;;
3. Food product categories.

Finally, a term of one hundred and eighty (180) calendar days was granted for its adaptation and implementation.

This report cannot be considered as legal or any other kind of advice by Allende & Brea.