Regulated food products
A Joint Resolution of the Ministries of the Popular Power for Nourishment, for Agriculture and Lands, for Commerce, and for Health was published in Official Gazette N° 39.861 of February 9, 2012. Said resolution establishes the production proportions and the commercialization conditions that the agribusiness and importation sector have to meet in relation to regulated food products, including the new types of products, presentations, or trade names. The most significant aspects of said Resolution are the following:
- It establishes obligatory minimum percentages of regulated types of products that must be produced or commercialized within each line of products; it is possible to produce and commercialize new types of products up to the remaining percentage of the total production.
- In order to produce and/or commercialize new presentations or trade names, the corresponding authorization and setting of the Maximum Sales Price to the Public (Precio Máximo de Venta al Público - PMVP) must be requested from the Ministry of the Popular Power for Commerce. Without it said new presentations or trade names may not be commercialized in the national market.
- The companies that produce and import food products must enter the information related to the production or importation volumes in the Integral System of Agrifood Control (Sistema Integral de Control Agroalimentario - SICA) of the National Superintendence of Silos, Agricultural Warehouses and Storehouses (Superintendencia Nacional de Silos, Almacenes y Depósitos Agrícolas - SADA), indicating the kind of goods, types of products, presentations or trade names, and the identification of the commercial establishments where they are being placed, according to their distribution.
The owners of commercial establishments have to guarantee, jointly and severally with the production and importation sector, that the Maximum Price of Sales to the Public (PMVP) fixed by the National Executive is printed in the container or package of the regulated food products.
“NOTE: THIS INFORMATION SHOULD NOT BE CONSTRUED AS LEGAL ADVICE ON ANY SPECIFIC MATTER AND ITS CONTENT ARE INTENDED AS A MANAGEMENT ALERT AS TO CURRENT DEVELOPMENTS IN VENEZUELA, ANY SPECIFIC LEGAL QUESTIONS REGARDING THE POSSIBLE APPLICATION OF NEW OR PROPOSED LEGISLATION TO PARTICULAR SITUATIONS SHOULD BE ADDRESSED TO TRAVIESO EVANS ARRIA RENGEL & PAZ.”