By Marco Torronteguy
I share an overview of the regulation of the food industry in Brazil, based on our participation in the 2nd Annual Advanced Summit on Food Law & Regulation Canada, promoted by the Canadian Institute.
The regulation governing food in Brazil is established by Federal Decree-Law No. 986/1969. The National Health Surveillance Agency (Anvisa) is the authority responsible for regulating, controlling, and supervising products of health interest, including food. Regarding certain foods, the responsibility lies with the Ministry of Agriculture and Livestock (MAPA).
The regulatory system in Brazil is complex and involves not only federal authority but also the authorities of the twenty-six states, the Federal District, and the 5,570 municipalities. Each of these entities has specific responsibilities related to health surveillance, inspection, and control of food products. This regulatory mosaic requires efficient coordination among government levels to ensure that standards are applied uniformly and effectively throughout the national territory.
The complexity of this system demands that food producers and traders have an in-depth understanding of the current regulations and make continuous efforts to ensure regulatory compliance, whether at the federal, state, or municipal level. While food products may be subject to marketing authorization by Anvisa as a main rule, there are some categories of food products that are exempt from registration and subject to prior notification of manufacture to health surveillance authorities before being marketed (as provided for in Anvisa Resolution No. 23/2000 and Anvisa Resolution No. 27/2010, for example).
From a practical standpoint, the level of regulatory complexity largely depends on the type of product and the stage within the food manufacturing or distribution chain. For example, infant formulas, sports supplements, and products intended for individuals with specific dietary needs are examples of categories with more complex regulations.
Furthermore, it is important to consider the business focus: whether it is on production, distribution, or retail. During the production phase, manufacturers must ensure full compliance with regulations, which may involve obtaining licenses and undergoing periodic inspections. The burden of compliance is greater at this stage. As products move to the distribution phase, the regulatory focus shifts to transportation and storage conditions, as well as packaging, labeling, and temperature controls.
Marco Torronteguy holds a doctorate from the Law School of USP and is a partner at TozziniFreire Advogados.
