Food Safety: Regulation in Guatemala

Cases of people contracting diseases due to the consumption of food or water that are contaminated by microorganisms, dangerous germs and/or toxic chemicals that can even cause death are regularly recorded. It is estimated that each year around 600 million people worldwide – almost 1 in 10 inhabitants – get sick from eating contaminated food.

Water and food are safe when they are free of dangerous microbes (bacteria, viruses, parasites, or fungi), chemicals (allergens, veterinary drug residues, agrochemicals, or toxins), or external physical agents (soil, hair, insects, etc.) that They are a risk to our health.

A safe food is also called innocuous.

Food safety is defined as “ the assurance that food will not cause harm to the consumer when it is prepared and/or consumed according to its intended use”.

The World Health Organization, for its part, establishes that access to safe and nutritious food in sufficient quantity is essential to sustain life and promote good health. Furthermore, the provision of safe food strengthens national economies, trade and tourism, contributes to food and nutrition security, and serves as a foundation for sustainable development.

Ministry of Public Health and Social Assistance

In accordance with the Guatemalan legal order, the Ministry of Public Health and Social Assistance is the governing body of the office of the State Executive Organism, to comply with the constitutional mandate of ensuring the health and social assistance of the inhabitants. In this sense, the aforementioned Ministry, through the Department of Regulation and Surveillance of Food and Beverages, will control:

The quality and safety of products for human consumption, monitoring good manufacturing practices; through the granting of health licenses and/or reference health records.

Sanitary license

Through the sanitary license, the General Directorate of Regulation, Surveillance and Control of Health, seeks to measure a minimum of hygiene standards and manufacturing practices that guarantee the safety and quality of products for human consumption and is mandatory for each establishment. where activities of food industrialization, preparation and sale of food are carried out.

All owners of food establishments, prior to their operation or opening to the public, must obtain the sanitary license issued by the Department of Food Regulation and Control. It is important to take into account that the operation of food establishments without a valid sanitary license is prohibited.

Food handling

One of the necessary requirements of a food establishment or production unit is to ask food handlers for valid health documents that are legally appropriate, to check their good condition and maintain their health history. These documents consist of the lungs card and the food handling card.

It is a duty of the food industry and food vendors, the health training of food handlers. This training is received at the Health Center closest to where the food establishment or production unit is located.

Therefore, it is necessary to consider these legal aspects for food-related industries in order to guarantee that they will not cause harm to the consumer.

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.