A series of amendments will be presented in Congress for the initiative of the Ley of Promotion of Healthy Eating, which requires warning labeling of high fat and sugar content in manufactured foods, and which is scheduled for its third reading in Plenary this week.
These are at least 6 or 7 amendments, including the elimination of the tax rate for warning stamps; reduction of proposed sanctions; and extension of the term of validity of the law, among others.
The initiative is identified with the number 5504, it was presented in 2018 and the second reading took place at the end of February 2024, so it is only pending approval in the third reading, for articles and final drafting.
“We addressed some amendments with the private sector and it was agreed to eliminate the tax rate that was placed on products that, according to the content of this law, have from one to six octagonal stamps,” declared deputy speaker Jairo Flores, from the VOS bench. .
In addition, the period for entry into force was slightly extended so that entrepreneurs who had packaging in inventory can use it up and it will be a year and a half. The other issue refers to the fines, which in the initiative range from 1 to 150 minimum wages, which would be reduced by half, it was added. Other changes relate to advertising.
Flores and parliamentarian Ronalth Ochaeta participated in the Incidence on the Agenda / Initiative 5504 forum, held within the framework of the II Central American and Caribbean Meeting on Frontal Labeling, with the participation of sectors and organizations of civil society, government and academia.
Contradiction
According to Flores, the amendments arose after a dialogue with the private sector, which had expressed disagreement, without specifying who it was.
Asked about this, Enrique Lacs, executive director of the Guatemalan Chamber of Food and Beverages (CGAB), said that said entity has not been aware of the amendments and what they contain.
“As we are coordinating with the other chambers, there are no reports that the amendments have been discussed or discussed with them, so we could not have spoken out against or in favor of something that we do not know about.”
Julio Orozco, executive director of the Guatemalan Food and Beverage Association (Gremab), attached to the Guatemalan Chamber of Industry (CIG), indicated that said entity participates in a working group with other chambers related to the issue of food and beverages in which are addressing this issue.
However, he said that neither he, said entity nor that working group have been part of a formal discussion or work table. “What happened is that they had a hearing called by Representative Flores on the bench and the (business) chambers made a presentation with technical information and asking that the process of serious discussion be continued.”
At the end of that meeting, the parliamentarian asked them to send proposals for amendments, but according to Orozco, this group of chambers have not presented any, because they consider that the bill requires more in-depth discussion and updating because it comes from 2018.
Content in the initiative
According to the approved initiative, which has already passed the second reading, six nutritional warning seals are created, visible on the front of the packaging, indicating the ingredients that the food contains in “excess.”
These warnings should be written in capital letters as: HIGH SUGARS; HIGH IN SATURATED FAT; CONTAINS TRANS FAT; HIGH IN SODIUM; HIGH IN TOTAL FAT; CONTAINS SWEETENERS.
The proposed tax rates that would be eliminated through the amendments range from 10% to 35% on the cost of production or import for processed foods and represent the cost of authorizing the printing of labels with said seals.
For a stamp it is 10%; 2 stamps, 15%; 3 stamps, 20%; times 4 is 25%; for 5 stamps it is 30% and if you must reach 6, the rate is 35%.
In addition, the Ministry of Health would be empowered to review these rates every 5 years and may increase them up to a maximum of 100% in each period.
For manufacturers, producers, distributors and importers of prepackaged and already distributed foods that are affected by this law, the proposal is that they will have 360 calendar days from the entry into force to make adjustments and adjust to the provisions and within that term, as a temporary measure, and with authorization from the Ministry of Health, they may incorporate the corresponding seals in the form of a stamp on the labels. This period would be extended to a year and a half.
The Healthy Guatemala coalition, made up of various sectors of civil society and universities, and supported by the Healthy America Coalition, urges the urgent approval of Law 5504 on Healthy Eating, stating that it seeks to provide nutritional information through front labeling of nutritional warning (EFAN) for foods and drinks with high sugar content, saturated fats, trans fats, sodium, total fats, and sweeteners, stated Joaquín Barnoya and the representative of the Healthy America Coalition, who participated in the II Central American and Caribbean Front Labeling Meeting, held in Guatemala this week .
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