Law For The Promotion Of Healthy Eating.

Original Language Title: LEY DE PROMOCIÓN DE ALIMENTACIÓN SALUDABLE.

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law no 775

LAW OF JANUARY 08, 2016

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has Sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECRETA:

HEALTHY EATING PROMOTION LAW

CHAPTER I

GENERAL PROVISIONS

ARTICLE 1. (OBJECT). This Law aims to establish guidelines and mechanisms for

to promote healthy eating habits in the Bolivian population in order to prevent chronic diseases related to diet.

ARTICLE 2. (PURPOSE). This Law is intended to contribute to the exercise of human right

to health and to healthy, adequate and sufficient food for Living Well.

ARTICLE 3. (REACH). This Law includes:

Promoting healthy eating habits and promoting physical activity.

Regulation of food advertising and non-alcoholic beverages.

Food and non-alcoholic beverage labeling regulation.

ARTICLE 4. (COMPETITIVE FRAMEWORK). This Law is part of the exclusive competence

of the central level of the State, defined in paragraph 17 of Paragraph II of Article 298 of the Constitution of the State.

ARTICLE 5. (SCOPE OF APPLICATION). The provisions contained in this Law apply to

all natural and legal persons, public and private, established throughout the national territory.

ARTICLE 6. (COMPETENT AUTHORITY). The Ministry of Health, through the Directorate General of

Health Promotion, is constituted in the National Competent Authority for the implementation of this Law.

ARTICLE 7. (DEFINITIONS). For the purposes of this Law, the following definitions are established:

Prevention of Disease. Measures intended not only to prevent the occurrence of the disease, such as the reduction of risk factors, but also to stop its progress and mitigate its consequences once established.

Promotion of Health. Political process of continuous social mobilization, for which the health team engages with the social actors facilitating their organization and mobilization, in order to respond to the health problems and their determinants to achieve the Living Well in direct relation to the general welfare state. This process encompasses actions aimed at strengthening people's skills and abilities, aimed at modifying and improving their social, economic and environmental conditions.

Healthy Food. It is a varied diet, preferably in a natural state or with minimal processing, that provides energy and nutrients that each person needs to stay healthy, allowing him to have a better quality of life in all ages.

Prize or Gift. Any product, service or benefit offered for free or onerous, to purchase the non-alcoholic food or drink.

Advertising. Any form of communication disseminated through any medium or medium and objectively capable or directed to promote, directly or indirectly, the image, brands, products or services of a person, company or entity in the exercise of its commercial, industrial or professional activity.

Directed to Girls, Children, and Adolescents. It is the one that, for its content, arguments, graphics, music, characters, symbols and type of program in which it is broadcast, is attractive and is preferably directed to under eighteen (18) years.

Labelling. Any written, printed or graphic information relating to a product intended for direct sale to consumers must provide objective, effective, truthful and sufficient information.

Non-alcoholic beverages. They are those drinks that do not have an alcoholic content, either in their transformation process or in their natural process.

Healthy Preparation. It is made based on foods that do not contain high amounts of sugar, salt, saturated fat and trans fats.

Food Safety. This is the feature that ensures that a product or service does not cause harm to the health of people.

Trans Grases. Unsaturated fatty acids that are formed when vegetable oils are processed and transformed into solids or a more stable liquid, for example margarine.

Saturated grasses. Type of fat that is solid at room temperature and that comes from animal sources, for example butter.

Establishment of Food Expendium. Physical space for the sale, marketing and consumption of food and non-alcoholic beverages.

Decolonization of Food. Recovery and strengthening of the traditional ancestral food system of indigenous peoples and nations, ensuring that people, families and communities achieve self-sufficiency in healthy food and

CHAPTER II

PROMOTING HEALTHY EATING HABITS

AND FOSTERING PHYSICAL ACTIVITY

ARTICLE 8. (ADVERTISEMENT OF HEALTHY EATING). The corresponding Ministries

will establish the general guidelines for promoting, through the media, the advantages of physical activity, healthy eating and consumption of natural foods of high nutritional value, revaluing local foods. The Ministry of Health, in coordination with the Autonomous Territorial Entities, within the framework of its

competencies, will regulate and implement the provisions of this Law.

ARTICLE 9. (PROMOTION OF PHYSICAL ACTIVITY).

I. The Ministries of Health and Sports, will promote in coordination with the Ministries of Labor, Employment and Forecast

Social, Communication and Education, the practice of physical activity of the Bolivian population.

II. All public and private institutions will encourage the practice of physical activity in dependent personnel.

ARTICLE 10. (PROMOTION OF PHYSICAL ACTIVITY). The Ministry of Sport, in coordination with

departmental and municipal autonomous governments, will promote the practice of physical activity.

ARTICLE 11. (PROMOTING HEALTHY FOOD).

I. Public and private institutions that have eaters or food services, should encourage and

offer healthy food and preparations for dependent personnel.

Municipal Autonomous Governments control and monitor food canteens or food services, so that

these offer and provide healthy food.

II. The Ministry of Cultures and Tourism, will promote, in coordination with the Ministries of Communication, Health,

Productive Development and Plural Economy, and Rural Development and Lands, the healthy Bolivian gastronomy, in the framework of the decolonization of the power.

ARTICLE 12. (CONSUMPTION OF WATER). Public and private institutions will encourage in their

environments the consumption of water suitable for human consumption.

ARTICLE 13. (HEALTHY FOOD SUPPLY). Every "food" establishment of

food should:

Give priority to food and health preparations.

Offering non-bottled natural water, suitable for human consumption, at no cost to consumers.

Limiting the availability of salt, except for users and users.

Limit the reuse of oils in fritures, according to regulatory disposition.

Include in the menu, messages that promote healthy eating.

Placing in a visible place, messages that promote healthy eating.

Ensuring safety food.

ARTICLE 14. (SALE OF FOOD). In the framework of its competencies, the Autonomous Governments

Municipal governments are in charge of the regulation of the sale of food in the public and private sphere, according to the provisions of this Law.

ARTICLE 15. (ADVERTISING IN THE MEDIA).

I. Advertising of food and non-alcoholic beverages aimed at the population, with emphasis on girls, children and adolescents

under eighteen (18) years, and which is disseminated by any support or social media, should promote the consumption of healthy foods and the benefits of physical activity, according to the policies established by the Ministry of Health.

II. Advertising of food and beverages, will seek:

Incentives for food consumption and non-alcoholic beverages, with low or no added sugar content, sodium, fat saturated and trans fats.

Show appropriate portions to those recommended for the age of the public to which they are directed.

Set suggestions that the consumption of unhealthy non-alcoholic foods and beverages cannot be replace breakfast, lunch or dinner.

III. Food and beverage advertising should avoid:

Generate expectations that intake of non-alcoholic foods and beverages provides superiority, acquisition of status or popularity, or any situation that causes discrimination.

Create urgency or dependency to acquire the non-alcoholic food or drink.

Mostar images of natural products, if they are not.

Using arguments or techniques that lead to error, in respect of the nutritional benefits of the products announced.

IV. Advertising of non-alcoholic foods and beverages, with high or very high content of sugar, sodium, saturated fat, and

trans fats, must incorporate any of the messages in Article 16 Paragraph III of this Law.

ARTICLE 16. (LABELLING CHARACTERISTICS).

I. On the labelling of processed non-alcoholic foods and beverages, a graphical system with

colors must be used in a clear, legible, prominent and understandable manner, according to the level of saturated fat concentration, added sugar and sodium.

II. This graphical system shall be recorded in any non-alcoholic processed food or beverage for human consumption, of

horizontal form in the main panel, preferably in the upper left corner, in base to the following specifications:

Red Color Bar, is assign to for the high content components and have the phrase?VERY HIGH EN??.

Yellow Color Bar, is assigned to for the medium-concentration components and will have the phrase?MEDIUM IN??.

Green Color Bar, is assigned to for the low-content components and will have the phrase?UNDER??.

III. Non-alcoholic foods and beverages processed that contain the level of concentration?VERY HIGH EN? (Sodium-

Added Sugar-Saturated Fats), must contain one of the following messages, alternating their use on a regular basis:

?Consume iodine salt, sugar or fats in moderation?.

?Consumption of fruits and vegetables improves your health?

?Do physical activity at least 30 minutes a day?

?Consume 10 glasses of water a day?

IV. The processed non-alcoholic foods and beverages it contains?Trans fats, they must necessarily contain the

following legend:?Contains Trans Fats?, in capital letters, legible, in contrasting colors to the bottom and in visible place.

V. Are excluded from the provisions of this Article, non-alcoholic foods and beverages in a natural state, not

subjected to industrialization and generically called products: sugar, salt and oil/fat, which do not contain Trans Grases, and food for children under two (2) years of age that have their specific regulations in Law No 3460 of 15 of August 2006.

VI. Food and non-alcoholic beverages processed for human consumption must indicate on their packaging or labels the

ingredients they contain, including all their additives expressed in decreasing proportions, the contents of energy, sugars, sodium, fats, trans fats and their nutritional information.

ADDITIONAL DISPOSITION

ONLY. The financial resources for the implementation of the actions of this Law, will be

obtained in the framework of the current regulations.

TRANSIENT provisions

FIRST.

I. Manufacturers, producers, distributors, importers, suppliers, owners or managers of kiosks and

eaters, as well as food companies, shall comply with the provisions of this Law within a maximum period of one (1) calendar year, as of the publication of this Law.

II. In the case of the labelling of non-returnable packaging, the adequacy period is one (1) calendar year, and the returnable packaging is three (3) calendar years, in both cases from the publication of this Law.

SECOND. The Regulation will establish a gradual process of reducing food with content from

Trans Grases.

THIRD. All public and private entities and institutions involved in this Law will use

the necessary mechanisms to support, facilitate and make compliance viable.

FOURTH. For the application of the graphical system on the labelling of food and non-alcoholic beverages

processed, the technical parameters of the following table must be used, as long as the Ministry of Health does not modify these parameters:

SOLID Level/Components

CONCENTRATE?N?LOW or HEALTHY?

CONCENTRATE?N?MEDIA?

CONCENTRATE?N?VERY HIGH?

Saturated grasses Less than or equal to 1.5 grams in 100 grams

Greater than 1.5 and less than 10 grams in 100 grams

Equal to or greater than 10 grams in 100 grams

Added Sugar Less than or equal to 5 grams in 100 grams

Greater than 5 and less than 15 grams in 100 grams

Equal to or greater than 15 grams in 100 grams

Salt (Sodium) Less than or equal to 120 milligrams of sodium in 100 grams

Greater than 120 and less than 600 milligrams of sodium in 100 grams

Equal to or greater than 600 milligrams of sodium in 100 grams

Level/Components LIQUID

CONCENTRATE?N?LOW or HEALTHY?

CONCENTRATE?N?MEDIA?

CONCENTRATE?N?VERY HIGH?

Saturated grasses Less than or equal to 0.75 grams in 100 millilitres

Greater than 0.75 and less than 5 grams in 100 millilitres

Equal to or greater than 5 grams in 100 milliliters

Added sugar Less than or equal to 2.5 grams in 100 millilitres

Greater than 2.5 and less than 7.5 grams in 100 millilitres

Equal to or greater than 7.5 grams in 100 millilitres

Salt (Sodium) Less than or equal to 120 milligrams of sodium in 100 millilitres

Greater than 120 and less than 600 milligrams of sodium in 100 millilitres

Equal to or greater than 600 milligrams of sodium in 100 millilitres

FINAL PROVISIONS

FIRST. The Ministry of Health is responsible for five-year review of the technical parameters for the

application of the graphical labelling system, depending on the level of concentration of saturated fat, added sugar and salt (sodium), and update those parameters when applicable, by Supreme Decree.

SECOND. The regulations to this Law must be made by the Executive Body within a period of time

maximum of one hundred and eighty (180) days, from its publication.

OPENING AND ABROGATORY PROVISION

ONLY.All provisions contrary to this Law are abrogated and repealed.

Remit to the Executive Body for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, a the ten days of the month of December of the

year two thousand fifteen.

Fdo. Jose Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Victor Hugo Zamora Castedo, Maria

Argene Simoni Cuellar, A. Claudia Torrez Diez, Ginna Maria Torrez Saracho.

Therefore, it was enacted so that it has and will comply as the Law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, eight days of the month of January of the year two Sixteen.

FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Ana Veronica Ramos Morales, Jose Gonzalo

Trigoso Agudo, Ariana Campero Nava, Roberto Ivan Aguilar Gomez, Cesar Hugo Caricico Yana, Hugo Jose Siles Nunez del Prado, Marianela Paco Duran, Tito Rolando Montano Rivera.