Sanitary license for factories and warehouses of processed foods in Guatemala

The health license is the authorization issued by the Ministry of Public Health and Social Assistance of Guatemala, through which it is accredited that a certain business, activity or industry meets the basic health requirements for its operation.

The authorization of processed food factories and warehouses has its own regulation, established in the Central American Technical Regulation RTCA 67.01.30:06, Annex 1 of Resolution No. 176-2006 (COMIECO-XXXVIII).

In the case of Guatemala, said regulation establishes that the person interested in obtaining a sanitary license for factories or warehouses of processed foods must meet the following requirements:

  1. Have administrative authorization for the location and construction of the factory or warehouse.
  2. Have a current environmental impact study.
  3. Have a valid environmental license.
  4. Be formally constituted as a commercial establishment (applies to individual and legal entity).
  5. Details of the products to be made in the factory or to be stored in the warehouse.
  6. Prove that good manufacturing practices are followed at the site.

In case of not having said valid sanitary license, the factory or warehouse can be sanctioned with a fine and can even be temporarily or permanently suspended, depending on the seriousness of the case.

Therefore, we emphasize the importance of verifying compliance with applicable health and environmental obligations.

For more information write to us at [email protected]

New regulation seeks the protection of hydrographic basins in Guatemala

On February 3, 2021, the Ministry of Environment and Natural Resources published Government Agreement No. 19-2021, which contains provisions to promote the protection and conservation of hydrographic basins in Guatemala, which enters into force on February 4, 2021.

With this regulation, the preparation of the study of basins by the ministerial authorities is resumed, detailing the current situation and evaluating specific aspects such as good practices in the management and protection of natural resources by companies, industries and individuals. that discharge residual waters in the hydrographic basins, or else, that make use of the hydrographic basin for human or industrial consumption.

One of the effects of these provisions includes the resumption of the inventory of watershed users, which implies mandatory administrative registration for all companies, industries, and individual users that carry out activities in any of the country’s watersheds. The inventory will help determine factors such as the level of water contamination, profile of activities that affect the basin, application of corrective and sanctioning measures for specific cases.

Although the Government Agreement does not establish a specific term for the start of activities, we consider it prudent to anticipate any contingency and we take this opportunity to invite you to regularize compliance with environmental measures (if you have not already done so) or review your current mitigation measures to adapt. 

The rules that will govern the prohibition of the Stereophone in Costa Rica are issued

This week the Regulations to the Law that prohibits expanded polystyrene (stereophone) were published, which lists the exceptions through which products containing said material may be marketed, as follows:

  1. Expanded polystyrene products expressly excluded from the ban:
  • Packaging for household appliances and the like.
  • industrial uses. The regulation does not specify what should be understood as such.
  • Uses in personal protective equipment (Ex: Helmets)
  • Floating equipment for aquatic rescue.
  •  Uses as thermal or acoustic insulation.
  • Secondary packaging that does not have direct contact with the substance or packaging for vaccines and medicines.
  •  Packaging or packaging for products that meet particular medical needs for food, infant formula, and dietary supplements, that do not have direct contact with food.
  • Products used as finishes in construction projects, in which the material is immobilized during the useful life of the building and is required for its functionality.
  • Products whose importer or producer is responsible for their correct final disposal.

In addition to the products indicated in the previous title, any expanded polystyrene packaging that does not have direct contact with its content will be marketed, provided that its importer or producer has a collection system that allows its use of energy, recycling or destruction through a waste manager authorized by the Ministry of Health.

For this, the provisions of the Regulation for the Declaration of Special Management Waste must be followed , regarding the compliance units made up of the companies that must ensure the correct management of the waste generated by their products.  

  • When there are no viable alternative materials from the environmental point of view.

Another exception to the prohibition applies to those products that for reasons of conservation or protection of the content, the use of alternative materials is not environmentally viable.

To opt for this exception, an application must be submitted to the Directorate of Radiological Protection and Environmental Health of the Ministry of Health, indicating the type of product in question, the packaging materials and detailing the risk that would be generated in the event that it is not will use expanded polystyrene, for the environment, the user or third parties.

The Ministry of Health will have a period of 10 business days to approve exception requests and these will be valid for 2 years.

Finally, it must be taken into account that this regulation develops what is established in the Law for the prohibition of expanded polystyrene , which will come into force in August 2021.

Trend towards occupational health compliance

A large part of the health regulations issued in 2020 are focused on the protection of employees
during their working hours. Therefore, one of the aspects that became more relevant at the
beginning of this decade is the growing attention to compliance with health and safety
regulations in the company.
Since the beginning of 2020, authorities worldwide have been much more vigilant about
compliance with health regulations, which is why they have increased inspections of company
facilities to verify that employees are working under adequate health and safety conditions.
security. Although these inspections are intended to prevent the transmission of diseases, once
the officers are in inspection, they usually audit compliance with other standards that are equally
mandatory.
In Costa Rica, the regulations for the protection of the health and safety of employees place
special emphasis on companies being diligent in the prevention of risks at work. For this reason,
companies that manage to demonstrate the correct implementation of an occupational health
and safety compliance program, even when accidents occur, manage to avoid sanctions that
can go as far as the cancellation of permits and the closure of activities.
On the other hand, companies with processes that ensure the safety of their employees tend to
have a much better business image and experience fewer incidents that delay operations.
Among the main elements to have an effective occupational health and safety program, we find:
 The identification of the health and safety standards that regulate each of the processes and
the ways to comply with them.
 Communicate compliance duties so that they are accessible to all members of the
organization.
 Constant training on behaviors that ensure compliance with the rules.

 Establish communication mechanisms that favor the reporting of irregularities and
opportunities for improvement.
 The constant verification of compliance, through previously defined processes.
 Commitment to compliance by all levels of the organization.
 Periodic evaluation and updating of legal regulations and other applicable standards.
 The possibility of verifying the application of the program over time.

Environmental compliance A duty and an opportunity

The environmental side of a compliance system :

Environmental protection and sustainable practices are now an essential standard that every company must have, being responsible with the environment has become yet another business product for companies, which generates tangible benefits such as increased sales, revaluation of the mark and reduction of sanctions.

Companies that apply policies, processes and actions to ensure compliance with regulations related to the environment have recognized that they not only strengthen their compliance programs in the face of a large number of risks; rather, this exercise has allowed them to discover opportunities to reduce operating costs, while reducing their environmental impact.

Benefits of an effective environmental compliance program :

  1. Reputational and sales : Consumers and business partners place greater value on brands that have demonstrated their commitment to complying with environmental laws and operating sustainably.

In Costa Rica, as in many other countries, environmental standards have been incorporated into public purchases, such as the prohibition of purchasing single-use plastic products and the favoring of recycled raw materials.

  • Cost reduction : Compliance with environmental regulations is usually linked to proper management of resources such as water, electricity, physical space and waste reduction, all of which contribute to a reduction in regular costs for companies.
  •  Legal defense against incidents : The successful application of procedures focused on respecting environmental regulations has been accepted by the authorities as proof to reduce the legal responsibility of companies in the event of environmental incidents.

In contrast, the authorities usually sanction more severely those companies that over time have shown themselves to be indifferent to complying with environmental regulations.

Risks of not having an effective environmental compliance program :

Internationally it has been understood that the responsibility for damage to the environment falls on the companies that caused it, including their owners, especially in Costa Rica, the ” Wildlife Conservation Law ” establishes that companies that are part of it are also responsible. conglomerate (economic interest group), so the parent company of a company domiciled in Costa Rica can be held responsible for the environmental breaches of its subsidiary.

Lastly, the growing international efforts to combat challenges such as climate change, water scarcity and marine pollution are increasingly increasing the interest of the authorities and society in general in ensuring that companies comply with the best environmental sustainability practices. Therefore, having environmental compliance programs will be an increasingly valuable resource.

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Energy

Recent trends in the energy sector have demonstrated the ability of Central American countries to address urgent problems in the energy sector. The transition towards clean energy sources has a more significant trend at a global level, evidenced by new opportunities for the industry in Central America. Although all Central American countries have passed the 80% electricity mark, millions of people in the region still do not have access to electricity.

We have a specialized and trained team in project management with a broad vision of the compliance problems that companies face.

Country

Services
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: INTE/ISO 50001:2018 Energy Management System
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: INTE/ISO 50001:2018 Energy Management System
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: INTE/ISO 50001:2018 Energy Management System
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: INTE/ISO 50001:2018 Energy Management System
  • Online Legal Requirements Matrix

Let’s talk

We are ready to discuss your project needs.

Please complete the following form and one of our specialists will contact you.

Food safety

The need for sustainable production systems to guarantee a healthy population, plant, and economy is increasing, as well as the regulation and requirements to carry out these operations.

Our team advises on proper legal compliance concerning food safety in various industries, such as food and beverages and packaging, among others.

Country

Services
  • Legal Compliance Audits: FSSC 22000:2005 Food Safety
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: FSSC 22000:2005 Food Safety
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: FSSC 22000:2005 Food Safety
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: FSSC 22000:2005 Food Safety
  • Online Legal Requirements Matrix
Services
  • Legal Compliance Audits: FSSC 22000:2005 Food Safety
  • Online Legal Requirements Matrix

Let’s talk

We are ready to discuss your project needs.

Please complete the following form and one of our specialists will contact you.

Health and Safety at Work

The companies with the most opportunities to remain productive in the scenario of changing conditions that we live in will be those that can prevent events and will be able to act when the emergency is unavoidable.

Our specialized team helps companies in Central America to ensure compliance in all aspects of health and safety at work under applicable legislation.

Country

Services
  • Legal Compliance Audits: INTE/ISO 45001:2018 Occupational Health and Safety Management Systems
  • Online Legal Requirements Matrix
  • Due Diligence in Health and Safety at Work  
  • Register of Occupational Health and Safety Commissions and Offices
  • Preparation of Occupational Health and Safety Protocol
  • Preparation of Risk Prevention Plans
  • Preparation of Prevention Plan and Emergency Care
  • Preparation of COVID-19 prevention plans.
  • Advice to employers and workers on SSO standards
  • Training on regulatory compliance
Services
  • Legal Compliance Audits: INTE/ISO 45001:2018 Occupational Health and Safety Management Systems
  • Online Legal Requirements Matrix
  • Due Diligence in Health and Safety at Work  
  • Register of Occupational Health and Safety Commissions and Offices
  • Preparation of Occupational Health and Safety Protocol
  • Preparation of Risk Prevention Plans
  • Preparation of Prevention Plan and Emergency Care
  • Preparation of COVID-19 prevention plans.
  • Advice to employers and workers on SSO standards
  • Training on regulatory compliance
Servicios
  • Legal Compliance Audits: INTE/ISO 45001:2018 Occupational Health and Safety Management Systems
  • Online Legal Requirements Matrix
  • Preparation and registration of SSO plans  
  • Preparation and registration of risk prevention plans
  • Registration of SSO committees
  • Preparation of COVID-19 prevention plans
  • Advice to employers and workers on SSO standards
  • Advice on compliance with the National Coordinator for Disaster Reduction Standards.
  • Disaster Reduction Standard Authorization 2 NRD2 (Emergency plans and evacuation routes NRD2)
  • INFORM system risk verification – National Coordinator for Disaster Reduction
Services
  • Legal Compliance Audits: INTE/ISO 45001:2018 Occupational Health and Safety Management Systems
  • Online Legal Requirements Matrix
  • Due Diligence in Health and Safety at Work  
  • Register of Occupational Health and Safety Commissions and Offices
  • Preparation of Occupational Health and Safety Protocol
  • Preparation of Risk Prevention Plans
  • Preparation of Prevention Plan and Emergency Care
  • Preparation of COVID-19 prevention plans.
  • Advice to employers and workers on SSO standards
  • Training on regulatory compliance
Services
  • Legal Compliance Audits: INTE/ISO 45001:2018 Occupational Health and Safety Management Systems
  • Online Legal Requirements Matrix
  • Due Diligence in Health and Safety at Work  
  • Register of Mixed Commissions, annual plan and operating regulations before the General Directorate of Occupational Hygiene and Safety.
  • Initial occupational risk assessment, risk map and action plan.
  • Preparation of Prevention Plan and Emergency Care
  • Preparation of COVID-19 prevention plans.
  • Advice to employers and workers on SSO standards
  • Training on regulatory compliance
  • Preparation of organizational technical regulations
  • Safe work procedure manual

Let’s talk

We are ready to discuss your project needs.

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Environment

Companies that apply policies, processes, and actions to ensure compliance with environmental regulations recognize many opportunities in their businesses. These opportunities refer to reducing operational costs while decreasing their environmental impact.

We offer our clients the possibility to generate environmental changes. Our team also advises on all the necessary processes to obtain Environmental Certifications and best practices.

Country

Services
  • Legal Compliance Audits: INTE/ISO 14001:2015 Environmental Management Systems
  • Online Legal Requirements System
  • Specialized advice
  • Environmental impact studies
  • Environmental Viability D1 and D2
  • Environmental regency
  • Environmental Feasibility Studies
  • Defense administrative files in the Ministry of Environment and Energy
  • Environmental Due Diligence
  • Carbon Neutral
  • Ecological Blue Flag Program
  • Litigation and Conflict Resolution in environmental matters
  • Forest studies
  • Hydrogeological studies
  • Archaeological studies
  • Geological studies
  • Training on regulatory compliance
  • Environmental legal consulting
Services
  • Legal Compliance Audits: INTE/ISO 14001:2015 Environmental Management Systems
  • Online Legal Requirements System
  • Specialized advice
  • Environmental impact studies
  • Environmental Feasibility Studies
  • Environmental Due Diligence
  • Carbon Neutral
  • Litigation
  • Forest studies
  • Hydrogeological studies
  • Training on regulatory compliance 
Services
  • Legal Compliance Audits: INTE/ISO 14001:2015 Environmental Management Systems
  • Online Legal Requirements System
  • Preparation of environmental impact studies
  • Management of environmental licenses
  • Advice on environmental legal compliance
  • Complementary registers (PCB polychlorinated biphenyls, hydrographic basins, etc.)
  • Defense of administrative files in the Ministry of Environment and Natural Resources
  • Defense against complaints of environmental crimes or offenses in the Public Ministry
  • Hydrogeological studies
  • Environmental and Municipal Permits for Construction or Capacity of Wells
  • Certification of Water Wells suitable for human consumption
  • Wastewater discharge
  • Permits in Municipalities, Ministry of Environment and Ministry of Health for the Installation of a Wastewater Treatment Plant 
  • Evaluations of the operation of the Wastewater Treatment Plant
  • Physicochemical analysis of wastewater
  • Training to reach compliance with factors in Wastewater Treatment Plants
  • Management of licenses for the handling of chemical precursors
  • Web tool for self-diagnosis  

 Services

  • Legal Compliance Audits: INTE/ISO 14001:2015 Environmental Management Systems
  • Online Legal Requirements System
  • Specialized advice
  • Environmental Feasibility Studies
  • Carbon Neutral
  • Litigation 

 Services

  • Legal Compliance Audits: INTE/ISO 14001:2015 Environmental Management Systems
  • Online Legal Requirements System
  • Specialized advice
  • Environmental Feasibility Studies
  • Carbon Neutral
  • Litigation 

Let’s talk

We are ready to discuss your project needs.

Please complete the following form and one of our specialists will contact you.