On August 18th, 2021, Law No. 21,362 (the “Law”) was published in the Official Gazette. The Law introduces several modifications to different other laws in connection with the labeling, advertisement, and sales of gluten free foodstuff products.
Firstly, the Law modifies Law No. 20,606, commonly known as Labeling Law. In general terms, this modification sets forth that those products that comply with the requirements established in Article 516 of Decree 977/1997 in order to qualify as “gluten free”, shall inform such quality on their labels and packages. Afterwards, the Law provides that processed foods that do not contain gluten shall be labeled using the expression “gluten free”, jointly with a logo or symbol of a strikethrough spike, the characteristics of which will be determined by regulation and should be placed in the front panel of the package.
On the other hand, the Law sets forth that commercial establishments that commercialize packed and dry foodstuff, which are label as “gluten free”, shall display them for sale in exclusive racks, shelves or cabinets for this type of products, except for micro and small businesses. The regulation that will set forth the details of this obligations, shall be issued within 90 days from the publication of the Law.
The Law also introduces a modification to Law No. 19,886 which sets the basis for administrative supply and service contracts, according to which the rules for tenders aimed to provide food services to kindergartens, primary and secondary education establishments administered by JUNAEB, and those higher education establishments and technical education establishments or similar that contain exchange spots associated to the BAES scholarship law card, public health establishments, penal institutions and cafeterias and lunchrooms that are inside or are a part of any institution or organ of the Administration, shall contain conditions for the provision of these services to persons that have food intolerances, celiac disease or food allergies.
