Vídeo da exposição do encontro do Grupo de Pesquisas em Direito Aplicado ao Agronegócio do IDCC, sobre o tema "Bases científicas do Direito Agrário", apresentado pelo Prof. Me. Albenir Querubini.
A abordagem centrou-se no enfrentamento de 3 elementos basilares para o estudo do Direito Agrário: Atividade Agrária, Imóvel Agrário e a definição do Produtor Rural.
Confira:
Food safety, certification programmes, animal safety and disease
Livestock legislation
List the main applicable enacted legislation for primary processors of live animals.
The legal framework applicable to primary processors of live animals is regulated by several laws, executive orders and resolutions of the Ministry of Agriculture, as well as the Ministry of Production at the federal level. In the same way, there are several laws and regulations based on provincial and local jurisdiction (municipality regulation).
Argentina’s main food regulation is the Food Code, which contains the Mercosur (Common Market of the South) food standards and other regulatory rules regarding quality, commercialisation and health standards and conditions. These regulations seek to ensure a high level of food safety, precluding the presence of any microbiological, toxicological or physical risk to public health.
On a national level, primary processors of live animals are regulated and controlled by the National Service of Agri-food Health and Quality (SENASA), a decentralised entity within the Ministry of Agriculture. This entity oversees the hygiene and sanitary regulations applicable to processing and manufacturing establishments and storage facilities for animal products, among other things. It is also responsible for regulating the movement of goods and animals within Argentina, and the import and export of, among other things, plants, animals, food, agrochemicals and fertilisers.
The National Administration of Drugs, Food and Medical Devices (ANMAT) and the National Food Institute are in charge of protecting human health, guaranteeing the safety, nutritional value and quality of food (and other products) that individuals consume.
The requirements for the release of livestock bound for the European Union that will be slaughtered is regulated by SENASA Resolution No. 53/17, which introduced the identification system of bovine livestock for export.
With the exception of the specific requirements imposed by certain foreign markets for the importation of meat and certain requirements established for the ‘Hilton quota’ (premium cuts of beef exported to the European Union), there is no distinction made between meat for domestic consumption and meat for export in Argentina. In that sense, the Ministry of Agriculture’s Resolution No. 151/2020 established the corresponding share for the current year.
Food safety regime
Describe food safety regulations for meat and poultry products, and all other food products in your jurisdiction.
Decree No. 4,238, regulated by SENASA Resolution No. 233/98, regulates standard operation procedures (POES). It requires that all establishments where animals are slaughtered, and food is developed and fractionated, apply these POES. It also establishes that a qualified employee will be responsible for checking and documenting compliance with the indicated corrective measures to prevent situations of contamination or alteration of the product and to keep the documentation available for controlling actions.
Safety enforcement
What enforcement can take place in relation to food safety? What penalties may apply?
Law No. 12,566 declares a nationwide fight against different species of cattle tick.
Cattle owners are required to use cattle dip tanks to eradicate parasites. Such anti-parasitic products must be approved by the implementing agency.
Owners and tenants must install a livestock clipping facility for the purpose of eradicating ticks in the event that circumstances require it (eg, in regions of the country where ticks are prevalent or have spread).
With regard to penalties, fines are most commonly applied.
Product certification
Describe any certification programmes and regulations for genetically modified foods and organic foods.
SENASA Resolution No. 412/02 regulates the criteria for assessment of foods derived from genetically modified organisms (Annex I) and requirements and rules of procedure (Annex II).
Point 8 of Annex I regulates the safety of genetically modified (GM) food. This safety assessment is to determine whether there is any danger or other nutritional concerns. The assessment should include a comparison analysis between the food derived from modern biotechnology and its conventional counterpart, providing the differences and similarities between them.
Annex II of the Resolution No. 412/02 establishes that those who are interested in submitting their transgenic product’s safety study must submit a note to SENASA. After that, they should file a technical report outlining the background and analysis of the product. They must also attach a follow-up project monitoring genetic stability and the history of approval in other countries.
The following GM products are currently marketed in Argentina:
Food labelling requirements
What are the food labelling requirements, including the applicable enacted legislation, enforcement and penalties?
Food labelling is regulated by Chapter V, sections 220–246 of the Food Code. Annex II of the Chapter incorporates the Mercosur regulations (26/03 and 46/03) into the national food regulation, which apply to all food packaging, regardless of the country of origin.
Resolution No. 26/03 defines labelling as ‘any inscription, image or descriptive or graphic material that has been written, printed, marked, embossed or otherwise attached to the food package’. It also establishes how mandatory information should be given, specifying that all packaging should contain the ingredients list (nutritional labelling), with each ingredient listed individually; net contents; data of origin; batch identification; date of expiration; and instructions for use and preparation of the product when necessary.
Resolution No. 46/03 sets forth the provisions for nutritional labelling of packaged food. The labelling must include, among other requirements, a description of the nutritional properties of a certain food.
If the above provisions are violated, warning sanctions, fines, suspension or cancellation of registration in the respective records, temporary or permanent closure of establishments and confiscation of products can be applied.
National Decree No. 274/19 was enacted on April 2019. It is related to commercial loyalty and states that all the products sold in Argentina must indicate the following information in its labelling:
If the products are marketed in the country without the respective packaging, they must comply with the indications established in points (1) to (3), unless the nature or quality of the product is evident from a simple observation.
Products manufactured in the country must show the indication ‘Argentine Industry’ or ‘Argentine Production’. Products destined exclusively for export are excluded from any regulatory requirement.
Food animal legislation
List the main applicable enacted legislation regarding health of food animals, including transportation and disease outbreak and management.
SENASA Resolution No. 594/15 sets forth the Technical Standard for the Food of Animals in Argentina.
To register a national product as animal food, the applicant must be registered with the Coordination Unit for Feed Mill Inspection. The process involves submitting the application form signed by a technical representative.
If the applicant wants to commercialise an imported product, it should fill in the corresponding application and attach a certificate of free sale, issued by the competent authority of the country of origin, and the product’s original packaging.
Resolution No. 594/15 also includes the application of good manufacturing practices, which are all necessary procedures applied during food processing to ensure safety throughout the production chain.
SENASA Resolution No 377/16 sets the Animal Health Guidelines for Family Agriculture, directed to family farmers who own animals in their establishment for breeding, fattening, meat production, milk, eggs or other food for self-consumption, and direct sale or commercialisation of raw materials for the elaboration of foods of animal origin.
SENASA Resolution No 1642/19 sets the legal framework for the import, export, preparation, possession, division and distribution of veterinary products.
Animal movement restrictions
What are the restrictions on the movement of animals within your country?
The inter-jurisdictional transport of animals is regulated by SENASA Resolution No. 581/14. The Resolution defines ‘means of transport’ as the entire unit used in moving the animals. It is the carrier’s obligation to register the means of transport that shall be used. The Resolution also provides the essential requirement of carrying a sanitary certification card. Article 21 of the Resolution sets the prohibition of movement of live animals and other loads.
Slaughter legislation
Where would one find the regulations related to livestock slaughtering?
The Federal Meat Inspection Act (No. 22,375) and its complementary legislation regulate the authorisation and operation of facilities where animals are to be slaughtered.
The Act gives SENASA the power to shut down slaughterhouses that do not comply with regulations relating to hygiene, construction, processing, etc. SENASA must inform the local authorities of any action taken.
If any of the above provisions are violated, warning sanctions, fines, suspension or cancellation of registration in the respective records, temporary or permanent closure of establishments and confiscation of products can be enforced. Local authorities may also impose fines for matters under their control.
Municipal authorisation is also needed to install the facilities.
Pest control requirements
Outline the regulatory regime for pesticides in your jurisdiction.
ANMAT Resolution No. 8,224/16 incorporates Mercosur Resolution No. 18/10 into the Argentine legal system, regulating domestic sanitary disinfectants (pesticides). It seeks to establish definitions, general characteristics, active substances, presentation and warnings.
The provision classifies and distinguishes insecticides, biological insecticides and repellents. It also sets chemical quality standards for each of these composition categories.
Finally, the National Registry of Sanitising Products was created by ANMAT Resolution No. 709/98. It establishes the requirements for the registration of these household products.
Gonzalo Ballester and John O'Farrell
Gerardo Figueiredo Junior [2] & Giovanna Longo Eischen [3]
________________________________________
[1] This article was originally written in Portuguese and published as a book chapter in “Estudos Jurídicos: Constitucional e Empresarial – em homenagem ao Professor Fernando Passos: 20 anos de coordenação do curso de Direito da UNIARA”. Brazil: RiMa Ed., 2020. 199.
[2] Lawyer, partner with Zeigler e Mendonça de Barros Sociedade de Advogados. Business Law Specialist. Former president of the Committee of Studies on Regulated Sectors of OAB/SP.
[3] Lawyer and LL.M. (in progress) in Food Law from Michigan State University, USA.
I - Não será permitido o investimento de estatais estrangeiras;II - Não será permitido o investimento a partir de sociedades estrangeiras que possuam em sua estrutura de capital a participação de empresas e/ou fundos estatais;
María Constanza Garzino - TESIS DOCTORAL (2020) 395 págs.
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Vídeo da palestra do Prof. Albenir Querubini, Vice-Presidente da UBAU, sobre o tema "O Direito Agrário aplicado ao Agronegócio" , durante a Semana Acadêmica do Curso de Direito da AEMS, no dia 15 de setembro de 2020.
📩 Invitación del Colegio de Ingenieros Alimentos de Chile A.G CIACH A.G
Este viernes 27 de noviembre se desarrollará a partir de las 12 hrs (mediodía hora de Chile) un seminario web online y gratuito el cual es organizado por el Área Agroindustrial y Medioambiente de INACAP la temática es muy interesante, estas coordialmente invitado@ a participar.
Para inscribirte debes completar tus datos en: https://bit.ly/35Okvck
El expositor es:
Luis González Vaqué
Jurista especialista en Derecho comunitario, alimentario y del Consumo.
Actualmente es presidente de la Asociación Iberoamericana para el Derecho Alimentario y del “China-European Union Food Law Working Party.
Profesor invitado de las Universidades Autónoma de Barcelona, Carlos III de Madrid y “Pablo de Olavide” de Sevilla, así como de las de Alessandria y de Ferrara (Italia).
Two local perspectives of
Hispanic culture in wine, one from each coast of the United States, stood out
to me this year, both in terms of the wines themselves and the manner in which
they expand the narrative of Spanish speakers in the industry. They’ve been on
my mind particularly as we head into the end of the year and the holiday
season.
First, on the east coast, I
recently revisited a selection of wines from the Rivero González family’s RGNY
project on the North Fork of Long Island. As I searched for unusual
contributions to bring to our Thanksgiving holiday table, preferably a textural
white wine that adds to the conversation as well as the meal, I was drawn to
RGNY’s 2018 Viognier both for its versatile characteristics in the glass (to me
it managed to balance baked yellow apple as well as bright citrus and
pineapple) as well as for its narrative.
After planting their first
vineyards in Parras, Coahuila, México more than twenty years ago, RGNY is the
family’s first project in the US. That they decided to do so on Long Island
piques curiosity, along with their bottlings of white merlot, cabernet franc
and sparkling wines. Whether you can find these selections in your market or
you order them online, they’re well worth seeking out.
On the opposite coast, a small
group of winery owners and winemakers in Oregon joined together to form
“Celebrating Hispanic Roots,” an educational and philanthropic initiative
programmed during Hispanic Heritage Month (September 15 to October 15) for its
inaugural presentation this year. As small business owners, members of the
group aimed to give back to the Spanish-speaking community in Oregon as they
displayed, through commentary offered bilingually, the diversity of Hispanic
cultures from Latin America and Spain.
I had watched the virtual panel when it aired initially last month, moderated by James Beard
Award-winning wine writer and Four-Top podcast host and producer Katherine
Cole, and featuring members of the group Ximena Orrego from Atticus Wine, Carla
Rodriguez from Beacon Hill Winery, Sofia Torres from Cramoisi Vineyard and
Winery, Cristina Gonzales from Gonzales Wine Company, Sam Parra from Parra Wine
Co. and JP Valot from Valcan Cellars.
Here were four takeaways from
that conversation which, as one panelist commented, illustrate a different way
to “hear” the wine industry.
Expanding the
Narrative as Entrepreneurs
“Hispanic culture has a very
entrepreneurial leaning,” said Carla Rodriguez of Beacon Hill Winery,
commenting on the fact that each member of the group is also a small business
owner. “You rely on your family to move ahead, be your own boss, chart your own
destiny.” At the end of the day, she said, you’re running your own company,
helping to grow the country and providing employment. “Ultimately we’re
expanding the narrative of our culture, one that shows leadership as well.”
“It’s Not Out of
Reach”
Cristina Gonzales from
Gonzales Wine Company noted the ability of the group to inspire and empower the
Latino and Hispanic community. “If they can see what we’re doing as small
business owners and entrepreneurs, that we’re out here doing it, it inspires
and empowers people to forge their own path,” she said. “It’s not out of
reach.” Part of the purpose of “Celebrating Hispanic Roots” is to let the
Latino community know that there are educational and scholarship resources available
to them.
Noting the
Disproportionate Impact of the Pandemic
Ximena Orrego from Atticus
Wine and JP Valot from Valcan Cellars noted the disproportionate impact that
the year’s challenges have had on the community. With a high percentage of
vineyard workers being Latino, they’re “more exposed to the pandemic,” Valot
said. “They can get it at work and bring it home. Then [there were] the
wildfires and the smoke, which meant another downturn in labor during harvest
when the pickers make good money. It was a perfect storm for our workers. It’s
a bad situation now. We’ll get better, but this vintage is a big challenge,
especially for the Latino population in general.”
Later in the conversation,
Carla Rodriguez described another consideration for Latino workers in the
vineyards: “They know the vineyard better than us [because] they’re out there
grinding it out 365 days a year,” she said. She holds wine tastings for her
vineyard crew of ten to twenty people throughout the year, in order to show
what their hard efforts have resulted in and for them “to have an understanding
of the fruits of their efforts,” Rodriguez said.
On the Potential
of Latino Clients
Sam Parra of Parra Wine Co.
recognized the support for Latino businesses from both inside and outside the community.
“We’ve had great success from Latino clients,” he said, and others “who may not
be Latino clients but they want to support a Latino business.” Sofia Torres
from Cramoisi Vineyard and Winery commented on the “big potential to grow that
market that is waiting for us in Williamette, to welcome the Hispanic people to
tasting rooms and events.”
When asked about trends among
Latino consumers, Cristina Gonzales pointed to consumers being able to identify
with the winery. “We speak Spanish and there is wine available at a price they
can afford that they want to try,” she said. “They want to make that connection
with someone there.”
[available on the Internet at < https://www.mdpi.com/2072-6643/12/5/1508 > (last accessed on 18 November 2020)].
Abstract
The purpose of this paper was to determine the foods and
beverages offered in the city of Lima, Peru, that would be subject to
front-of-package warning labels (octagons) according to the thresholds for the
two phases (6 and 39 months after the approval) for nutrients of concern
(sugar, sodium, saturated fat, and trans-fat) included in the Peruvian Law of
Healthy Eating. An observational, descriptive cross-sectional study was
conducted that evaluated the nutritional composition of processed and
ultra-processed foods that are sold in a supermarket chain in Lima. Of all the
processed and ultra-processed foods captured, foods that report nutritional
information and do not require reconstitution to be consumed were included. A descriptive
analysis was carried out by food categories to report the nutrient content and
the percentage of foods that would be subject to front-of-package warning
labels. Results: A total of 1234 foods were evaluated, according to the initial
thresholds that became effective 6 months after the law was implemented; 35.9%
of foods had two octagons; 34.8% had one octagon; 15.8% had no octagons; 12%
had three octagons; and no products had four octagons. At 39 months, when the
final and more restrictive thresholds become effective, 4.8% did not have
octagons. The majority of processed and ultra-processed foods that are sold in
a Peruvian supermarket chain carry at least one octagon, and more than 10% of
them carry octagons for three of the four nutrients of concern.
