"Quijotesco, la vida de Jorge Braulio Mullor"

 

La biografía de un científico argentino, pionero del Derecho alimentario 

Cuentan los autores: “‘Quijotesco’ es una invitación a recorrer distintas epopeyas nunca antes recopiladas, que tienen como epicentro la lucha de un hombre que desafió al poder político, y combatió, principalmente, a uno de sus brazos predilectos: el económico.

Es la historia del profesor Jorge Braulio Mullor desde sus inicios como un brillante estudiante, su efímero paso por la vida política, su inefable actuación como funcionario y sus notables dotes como científico, docente y rector de la Universidad Nacional del Litoral.

Este trabajo refleja disímiles historias ocurridas a partir de la década de 1920 en Santa Fe y Entre Ríos, fundamentalmente desde una impronta prácticamente desconocida hasta ese momento: El rol del Estado frente al fraude de las empresas alimenticias. Casos de envenenamientos, medicamentos adulterados y falsedades en la calidad de los productos, fueron sólo una parte de una intensa batalla contra los intereses de las grandes corporaciones.

Con importante documentación, esta investigación desentraña, quizás, su actuación más grandilocuente frente a uno de los emporios económicos más grande del mundo: la poderosa Coca-Cola, cuya venta estuvo prohibida en la provincia de Santa Fe durante dos décadas. 

También, se revelan los intentos por quebrar su voluntad, las consecuencias políticas, la corrupción y todos los impulsos por doblegar al hombre que, legítimamente, cerró los caminos de comercialización de aquella marca mundial.

A lo largo de sus páginas, Quijotesco indaga sobre las denuncias de Mullor al frente del Instituto Bromatológico de Santa Fe. Refleja el valioso reconocimiento de las academias científicas internacionales, pero también repasa momentos sumamente ingratos que hicieron peligrar su vida y hasta la de sus propios hijos.

Además, su actuación frente al convulsionado estudiantado de los ‘70, la inflexible postura que tomó ante los fusilamientos de Trelew, y su intransigente posición frente a las dictaduras y a las intervenciones a los claustros universitarios. 

Es, en definitiva, la vida de un hombre extraordinario, único e ingobernable, cuyo legado marcó gran parte de nuestra historia”.

 

SCLA 26th GLOBAL FORUM: PRACTICING LAW IN THE FACE OF MILITARY CONFRONTATION – CHALLENGES FOR LAWYERS UNDER SEVERE CIRCUMSTANCES

 

 

Information & Registration:

forum@sclalaw.cn - tianze.zhang@scla.world

🌞 Atributos e inestabilidad en el precio del aceite de oliva en Argentina

Attributes and Instability of Olive Oil Pricing in Argentina 

Juan MC. Larrosa, Lorena F. Tedesco, Juan I. Uriarte y Gonzalo R. Ramírez Muñoz de Toro

Resumen: Proporcionamos información sobre el aceite de oliva virgen extra (AOVE) en una región de Argentina donde los olivares y su industrialización representan un pequeño sector en crecimiento, por lo que el proceso de diferenciación por atributos emerge como relevante. Analizamos el rol de los atributos y diversas otras variables de control sobre la variación semanal de precios del AOVE; al respecto, suponemos que la baja demanda del producto aún hace que sus compradores carezcan de información y, por ende, no valoren esos atributos. Presentamos información econométrica en un contexto de alta inestabilidad macroeconómica, cuyos resultados muestran que la mayoría de los atributos de producto no resultaron significativos por lo que se infiere que las empresas asocian sus precios al único atributo significativo: su marca. Luego, las variables que indican inestabilidad macroeconómica resultaron en su mayoría significativas configurando una situación de fijación de precios más asociada a sortear la inestabilidad macroeconómica que a utilizarlo como una efectiva política de comercialización. 

https://app.box.com/s/eu32rwhlmfb1vp3anrl6cu4kt0ejev9a

 

🧲 Conversatorio Internacional sobre Derecho alimentario: PUBLICIDAD DE LOS ALIMENTOS [18 de agosto de 2021]

 

Próximo encuentro: 18 de agosto de 2021

Publicidad de los alimentos

​15:00 a 17:00 hs. (Argentina)

20:00 a 22:00 hs. (España)

Importante: 

🔒 Cada encuentro del ciclo requiere inscripción previa.

🔏 Participe por Zoom en vivo a través de nuestro canal de You Tube.

INSCRIPCIÓN: https://docs.google.com/forms/d/e/1FAIpQLSdk_3wdjBOhCR79wStZUYvK7nvDjl7kOFGjLp5qY6Bee4Rlvw/viewform

Recomendamos ingresar a la plataforma de Zoom 15 minutos para asegurarse un lugar en el Conversatorio. 

Disertante: Luis González Vaqué

ASSAL

https://www.assal.gov.ar/conversatorio/

📩 agencia@assal.gov.ar

You Tube

https://www.youtube.com/c/agenciasantafesinadeseguridadalimentaria

📗 Material de consulta

https://www.assal.gov.ar/conversatorio/Material-Encuentro-7.pdf

> 

ARGENTINA: New resolution on geographical indications and appellations of origin

 

Existing regulations

Law 25,163 and Law 25,380 govern the following matters, respectively:

• geographical indications and appellations of origin for wines and wine-based spirits; and
• geographical indications and appellations of origin for agricultural and food products.

Law 25,380 sets out the two categories (ie, geographical indications and appellations of origin) as follows.

Section 1: The Geographical Indications and Appellations of Origin used for commercializing agricultural or food products either in their natural state, or conditioned or processed, shall be governed by the present law. Wines and wine-based spirits are excluded from this law and are regulated by a special regime.

Section 2: For the purposes of this law, the definitions shall be as follows:

a) Geographical Indication: The geographical name of a country, region, province, department, town, or area within its territory, which is known as place of extraction, production, or manufacturing of an agricultural or food product.

b) Appellation of Origin: The name of a region, province, department, district, town, or area within the national territory that is duly registered and is used for designating a product originating therein, and whose properties or characteristics are exclusively or essentially due to the geographical environment, which comprises natural and human factors.

Section 23 of Decree 274/2019 (related to unfair competition) provides as follows:

Prohibition of use: notwithstanding the provision of Laws Nos. 22,362 and its amendments, 24.425, 25,163, 25,380 and its amendment, and 26,355, a national or foreign appellation of origin shall not be used for identifying a product or service, if this product or service does not come from the respective zone. For this purpose, appellation of origin shall be understood as the geographical designation of a country, of a region or a specific place, which serves for designating a product or service originating therein, and whose particular properties or characteristics are due –exclusively or essentially- to the geographical environment, including both natural and human factors.

New resolution

In January 2021 the Secretariat for Food, Bioeconomy and Regional Development of the Ministry of Agriculture, Livestock and Fisheries issued Resolution 13/2021. This resolution updates the requirements for the recognition of geographical indications and appellations of origin of agricultural and food products, the registry in charge and the functions thereof. The resolution also includes a glossary of terms, which expressly states that geographical indications and appellations of origin of wines and wine-based spirits are governed by Law 25,163 and are therefore excluded from the new resolution.

For further information on this topic please contact Daniel R Zuccherino at Obligado & Cia by telephone (+54 11 4114 1100) or email (dzuccherino@obligado.com.ar). The Obligado & Cia website can be accessed at www.obligado.com.

🚯 Conversatorio Internacional sobre Derecho alimentario: PÉRDIDAS Y DESPERDICIOS ALIMENTARIOS [4 de agosto de 2021]

 

Próximo encuentro: 4 de agosto de 2021

Pérdidas y desperdicios alimentarios

​15:00 a 17:00 hs. (Argentina)

20:00 a 22:00 hs. (España)

Importante: 

🔒 Cada encuentro del ciclo requiere inscripción previa.

🔏 Participe por Zoom en vivo a través de nuestro canal de You Tube.

Recomendamos ingresar a la plataforma de Zoom 15 minutos para asegurarse un lugar en el Conversatorio. 

Disertante: Luis González Vaqué

INSCRIPCIÓN:

https://docs.google.com/forms/d/e/1FAIpQLScXYiSjgKKQb-cJXFZflfbfCEgEKzcNhK337MLgjeZOlvPmIA/viewform

ASSAL

https://www.assal.gov.ar/conversatorio/

📩 agencia@assal.gov.ar

You Tube

https://www.youtube.com/c/agenciasantafesinadeseguridadalimentaria

📗 Material de consulta

https://www.assal.gov.ar/conversatorio/Material-Encuentro-6.pdf

Legislation addressing agricultural property transactions in Argentina

 

Land acquisition and use

With the exception of certain specific regulations regarding foreign ownership of rural land, transactions related to land located in areas of national security that are nominated by law as ‘frontier zones’, and local regulations that impose certain requirements that must be addressed by the parties to a certain transaction (eg, surveys), property transactions are generally conducted under a similar legal structure as other kinds of real estate transactions, all of which are regulated by the Civil and Commercial Code (CCC).

After a preliminary negotiation with the seller through selling and purchasing agents (realtors and brokers), the transaction generally starts with the execution of a document called a ‘reserve’, signed and delivered by the purchaser and received by the realtor, by which the buyer offers a certain price and conditions for the acquisition of the land and deposits cash or a cheque with the broker as a guarantee of his or her offer. If the seller accepts the offer, sometimes the parties sign a preliminary sale agreement, a similar document by which the parties agree in detail with all the commercial conditions of the transaction, and the purchaser pays 10 per cent to 30 per cent of the price.

In other cases, the parties agree on signing the purchase deed directly without executing a preliminary sale agreement after a term that usually lasts between 30 and 90 days from the date of the acceptance of the reserve by the seller. If the seller accepts the reserve or executes the preliminary sale agreement, any ‘down payment’ is considered as confirmation of the transaction; however, it is customary to include a clause by which both the buyer and the seller can desist from concluding the transaction. If the buyer desists, the seller is entitled to keep the down payment as a penalty to the buyer. If the seller does not continue with the transaction, then the seller must reimburse the amount of the down payment and an equal amount as a penalty in favour of the buyer.

When the property is owned by a legal entity, the transaction is usually structured through a stock purchase agreement, for tax reasons.

The CCC provides for two requirements upon the acquisition of ownership: the transfer of possession and the title that is the public deed by which the seller transfers ownership to the buyer, which is formalised by a notary public. Then the deed is registered before the property registry of the province in which the land is located.

According to official studies, farmland is typically held by the owners. However, farmers have been increasingly cultivating land under a rural tenancy system. It is common to structure the agricultural production through annual contracts. In addition, farmland is also held, in a smaller proportion, by undivided estates.

Restrictions related to measurements, surveys, fences and rural roads are regulated by each province under their rural codes. For instance, in Buenos Aires, apart from the Rural Code, there are other restrictions imposed by Decree-Law No. 8912/1977 on the use of soil and by Decree-Law No. 3202/2006 on environmental issues, as well as by the Water Law.

Apart from local restrictions, others established in the CCC relate to:

• easement of transit: the owner of a field whose only access to a public road is through other fields may obtain an easement of transit by paying the value of the land and the damages;
• easement of aqueduct: if the construction of an aqueduct is necessary to carry water to other fields for the economic benefit of another property or for a community without water supply; and
• receiving water from other fields if no interference in the water movements were made by man, or in the event that such interference was made, the interference must not have caused any damage.

 

There is also a regulation in the CCC on the surface right by which an owner grants to a third party the right of planting, foresting or constructing a building on the owner’s land. The maximum period authorised by law for construction is 70 years, and for planting or foresting, it is 50 years.

Non-agricultural land rules

The CCC contains general rules related to hunting activities, although the activity is protected under National Law No. 22,421, regulated by the Decree-Law No. 666/1997, to which provinces can adhere. In provinces that do not adhere to Law No. 22.421, such as Buenos Aires, hunting is regulated by the Rural Code, including regulations on hunting preservation, breeding sites for wild animals and zoos.

Besides those non-agricultural uses, rural land may be used for the establishment of national parks, natural monuments and national reserves, as it is regulated by Law No. 22,351. For these uses, a previous assignment or donation of the land shall be made by a private entity or a province, also considering assignment of jurisdiction, which generally requires a provincial law.

In addition, the provinces have the option of regulating the systems of protected rural areas, access to which can be made by donation from a private entity or via expropriation.

Lending

There are no special norms that regulate loans secured with farmland, so general regulations on loans and guarantees established in the national and general legislation apply.

Nevertheless, the limitations for the acquisition of rural land by foreigners settled under Law No. 26,737 and Decree-Law No. 274/2012, modified by Decree-Law No. 820/2016, must be considered for the acquisition of rural properties by any foreigner as a result of an enforcement or in the context of an insolvency or bankruptcy proceeding.

Provinces might pass agricultural emergency laws under which a temporary stay could be granted – between 90 to 180 days – against judicial or extrajudicial auctions based on debts with public bank entities, and occasionally provinces have issued rules that limit any judicial or extrajudicial auction over real estate or prevent the seizure of agricultural machines that have been offered as collateral security of banks or private loans.

Publicly controlled property

The CCC allows local public authorities to regulate a minimum size for real estate, when its division into smaller sizes means that it is no longer economical.

In case of a condominium, there are regulations in the CCC that entitle any owner of property to request judicial protection to avoid a division of the condominium when the division could be potentially harmful for the owners or for the main use of the property.

Some provinces have enacted regulations that define the concept of economic units (eg, La Pampa and Buenos Aires provinces) and have also established, in some cases, restrictions on the division of a property when its surface unit is lower than the minimum surface unit that is required in those jurisdictions for a rural piece of land to qualify as an economic unit.

Foreign ownership restrictions

Law No. 26,737 (enacted in 2012) imposes restrictions on the acquisition of rural land (farm property) by foreign individuals and foreign entities. This Law was first complemented by Regulatory Decree No. 274/2014 and subsequently by Regulatory Decree No. 820/2016.

Any acquisition, conveyance or assignment of possession rights of rural lands in favour of any foreign individual or foreign entity requires previous authorisation by the Argentine National Registry of Rural Land, irrespective of the purpose, use or location of the rural land. Dispositions 7/2019 and 8/2019 implemented forms to be completed and submitted online to speed up the process of prior authorisation.

For the purpose of this Law, a foreign individual is defined as a person from a foreign country who does not have Argentine citizenship. Some exceptions apply to foreign individuals who at the time of acquisition have:

• resided in Argentina for at least 10 years uninterruptedly, provided that their residence is permanent and accredited;
• Argentine descendants and have resided in Argentina for at least five continuous years, provided their residence is permanent and accredited; or
• been married to an Argentine individual for at least five years, provided it is accredited that both individuals have resided in Argentina for at least five years uninterruptedly and permanently.

 

A foreign entity is defined as an entity that has been formed under Argentine or international regulations with at least 51 per cent of equity held by foreign individuals, foreign entities, government agencies, constructive association or partnerships, or an entity that allows foreign members (with the appropriate percentage of votes) the right to adopt resolutions of the entity.

The most significant prohibitions under Law No. 26,737 are that:

• foreign persons (whether individuals or entities) are not able to have domain or possession of more than 15 per cent of the rural lands in the whole country (the percentage also applies to each province, municipal department and administrative agency within the country);
• foreign persons (whether individuals or entities) of the same origin are not able to have domain or possession of more than 30 per cent within the total 15 per cent;
• no foreign entity or individual can be in possession of rural land adjacent to or containing perennial bodies of water or pools of water of importance, such as rivers, lakes, streams, brooks and creeks, unless duly authorised to do so;
• no foreign entity or individual can be in possession of rural land located at international borders or security zones without prior authorisation by the government; and
• any single foreign entity or individual can only be in possession of up to 1,000 hectares in main rural areas. This acreage limit could be modified in respect of specific places or locations by a resolution of the Interministerial Council of Rural Lands, an agency created to assure compliance with rural land acquisition regulations.

 

Finally, any act intended to conceal property vicariously held by a foreign entity or foreign individual under the appearance of being held by an Argentine entity or individual, as well as any act in violation of this Law, is considered fraudulent and is declared by the Law as null and void.

 Gonzalo Ballester and John O'Farrell [JP O'Farrell Abogados]

Food and Animal Safety in Argentina

 

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:

• RR soybeans;
• Bt corn;
• LI Corn; and
• Bt Cotton.

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:

1. the product name
2. the country where it was produced or manufactured,
3. its quality, purity or mixture; and
4. measures.

 

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