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ALIMENTS

Law 26.905

Sodium consumption. Maximum values.

Sanctioned: November 13 of 2013

Cast: December 6, 2013


ARTICLE 1 — The purpose of this Act is to promote the reduction of sodium consumption in the population.

ARTICLE 2° — The enforcement authority of this Act is the Ministry of Health.

ARTICLE 3° — Approve Annex I, which, as an integral part of this Act, sets the maximum values of sodium to be reached by the food groups from the period of twelve (12) months after its entry into force.
The implementing authority may periodically fix the progressive decrease in those maximum values set out in Annex I from the period of twenty-four (24) months after the entry into force of this Act.

ARTICLE 4° — Small and medium-sized food-producing companies, as defined in Act No. 24,467 and its modifying and complementary standards, shall achieve the maximum values of the food groups in Annex I from the period of eighteen (18) months after their entry into force.

The implementing authority may periodically fix the progressive decrease in those maximum values set out in Annex I from the thirty (30) months period from the entry into force of this Act.

ARTICLE 5° — The implementing authority has the following functions:

(a) Determining health policy guidelines for the promotion of healthy habits and primarily reducing sodium consumption in the population;

(b) Establish, fix and control the sodium content reduction patterns in foods as determined by this Act;

(c) Fix the maximum values and their progressive decrease for non-Annex I food groups and products;

(d) Fix in the containers in which the sodium is marketed the health messages that warn about the risks involved in its excessive consumption;

(e) To identify in advertising products containing sodium the health messages about the risks involved in their excessive consumption;

(f) To determine in accordance with the jurisdictional authorities the health message to accompany the menus of the gastronomic establishments, regarding the risks of excessive consumption of salt;

(g) To establish in accordance with the jurisdictional authorities the alternative menus of salt-free meals, the limitations to the spontaneous supply of salts, the availability of salt in envelopes and salt with low sodium content, which should be offered by gastronomic establishments;

(h) Establish for cases of sodium marketing in envelopes that they should not exceed five hundred milligrams (500 mg);

(i) Promote the progressive implementation of this law within the time frames determined, with the food industry and retailers who use sodium in food processing;

(j) Promote research programmes and statistics on the incidence of sodium consumption in population feeding with public agencies and private organizations;

(k) Develop awareness-raising and dissemination campaigns on the risks of excessive salt consumption and promote low-sodium food consumption.

ARTICLE 6° — Producers and importers of food products must credit for their marketing and advertising in the country the conditions established as determined by this law.

ARTICLE 7° — The enforcement authority must align the provisions of the Argentine Food Code with the provisions of this Act within the time limits set out in Article 3.

ARTICLE 8° — The following conducts shall be considered offences under this Act:

(a) To trade food products that do not meet the maximum levels of sodium established;

(b) To trade sodium in envelopes that exceed the established maximums;

(c) To omit the insertion of sanitary messages established by the application authority in sodium marketing containers, the advertising of sodium products and the menus of gastronomic establishments;

(d) To lack the gastronomic establishments of alternative menus without salt, of envelopes with the maximum established dosage or of salt with low sodium content, as well as to contravene the limitation of spontaneous supply of established salts;

(e) The concealment or denial of information required by the enforcement authority in its control function;

(f) Actions or omissions to any of the obligations established, committed in violation of this law and its regulations not mentioned in the preceding paragraphs.

ARTICLE 9° — Offences to this Act shall be punishable by:

(a) Perception;

(b) Publication of the resolution that provides for punishment in a medium of mass dissemination, as determined by regulation;

(c) A fine that must be updated by the national executive branch on an annual basis according to the official price index of the National Institute of Statistics and Censuses (INDEC), from pesos thousand ($ 1,000) to pesos one million ($1,000,000), which can be increased to the decuplo in case of recidivism;

(d) Seizure of foodstuffs and salt envelopes that do not meet the established maximum levels;

(e) Suspension of publicity until its adequacy with the provisions of this Act;

(f) Suspension of the establishment by the end of up to one (1) year; and

(g) Closure of the establishment of one (1) to five (5) years.

These sanctions shall be regulated gradually in the light of the circumstances of the case, the nature and gravity of the offence, the background of the offender and the injury caused, without prejudice to other civil and criminal responsibilities, to which there is room. The proceeding of fines shall be used, in accordance with the jurisdictional authorities and in the framework of COFESA, for the conduct of publicity and awareness campaigns provided for in Article 5 (k).

ARTICLE 10. - The authority for the application of this law must establish the administrative procedure to apply in its jurisdiction for the investigation of alleged offences, ensuring the right of defence of the alleged offender and other constitutional guarantees. It is empowered to promote the coordination of this role with the national public bodies involved in their areas covered by this law and with the jurisdictions they have acceded to. It may also delegate to the jurisdictions that have acceded to the proceedings to give rise to the offences envisaged and to grant them representation in the handling of the judicial remedies against the sanctions imposed. Exhausted the administrative channel shall proceed to appeal in judicial headquarters directly to the Federal Appeals Chamber with jurisdiction in the place of the act. The remedies against the implementation of the envisaged sanctions will have a devolutionary effect. For substantial reasons, in order to avoid an irreparable levy to the person concerned or to safeguard third parties, the remedy may be granted with suspensive effect.

ARTICLE 11. - Invite the provinces and the Autonomous City of Buenos Aires to accede to this law in its jurisdiction.

ARTICLE 12. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE MONTH YEAR DOS MIL TRECE.


JULIAN A. DOMINGUEZ. - BEATRIZ ROJKES DE ALPEROVICH. — Juan H. Estrada. - Gervasio Bozzano.


GROUP OF ALIMENTSPRODUCTSMAXIMOS DE VALORES DE SODIO PERMITTED 100 GRAMOS DEL PRODUCTOPRODUCTS CARNICS AND ITS DERIVADOS GROUP OF COCIDOS, EMBUTIDOS AND NOT EMBTED. _ RELLENAS429 mg. PANIFICES WITH SALVADO530 mg. PANIFICATES WITHOUT SALVADO501 mg. SOPES, ADEREZES and CONSERVASCALDS IN PASTA (CUBOS/TABLETAS) and GREATS430 mg.SOPAS CLARAS346 mg.SOPAS CREMAS306 mg.SOPAS INSTANTANEAS352 mg.