Food Regulation in Colombia

The regulatory landscape for food in Colombia has undergone significant transformation in recent years, especially with the implementation of Resolution 810 of 2021, subsequently modified by Resolutions 2492 of 2022 and 254 of 2023. These regulations establish specific requirements for nutrient declaration, the nutritional information table, and front-of-package warning labels for foods marketed in the country.

Nutrient Declaration

The nutrient declaration is an essential component of these regulations. This section requires food manufacturers to include detailed information about the nutrient content in their products. This includes macronutrients such as carbohydrates, proteins, and fats, as well as micronutrients like vitamins and minerals. The purpose of this declaration is to provide consumers with a clear and accurate view of the nutritional value of the foods they consume, facilitating informed and healthy decisions.

Nutritional Information Table

The nutritional information table complements the nutrient declaration by providing a structured and easy-to-understand format for presenting these data. This table must include information on energy value, total and saturated fat content, cholesterol, sodium, total carbohydrates, dietary fiber, total and added sugars, proteins, and certain essential micronutrients.

The modifications introduced by Resolution 2492 of 2022 and Resolution 254 of 2023 have refined the requirements for the nutritional information table, ensuring it is more comprehensible and useful for consumers. For instance, the size of the font and the format of the table have been specified, ensuring it is easily readable and accessible to all.

Front-of-Package Warning Labels

One of the most visible and debated aspects of these regulations is the front-of-package warning labels, represented by black octagonal seals. These labels are mandatory for products that contain high levels of certain components that can be harmful to health if consumed in excess, such as added sugars, sodium, and saturated fats.

The purpose of these labels is to quickly and effectively alert consumers about the potential risks associated with consuming these products. According to the regulations, foods that exceed the established limits for these nutrients must carry one or more warning labels on the front of the package.

Starting on June 15, 2024, all foods marketed in Colombia must comply with the provisions set out in Resolutions 810 of 2021, 2492 of 2022, and 254 of 2023. Products that do not meet these regulations must be removed from the market, except those with specific authorization to deplete existing labels.

The implementation of these resolutions presents significant challenges for food manufacturers and marketers, who must adapt quickly to these new requirements. It is essential that companies conduct a careful analysis of these regulations to ensure their labels comply with all applicable provisions.

In this context, having the right advice is crucial. At BéndiksenLaw, we have counseled multinational companies on food and additive regulations, helping them navigate the complex regulatory landscape in Colombia. If you need assistance to ensure compliance with these new regulations, do not hesitate to contact us.

The Impact of Regulatory Compliance in the Food Industry: Sebastián Béndiksen’s Vision at AndinaPack 2023

This Wednesday we had the privilege of being represented at AndinaPack 2023 with a talk by Sebastián Béndiksen, managing partner of BéndiksenLaw, in the Legal Forum “How Can Legal Tools Contribute to Circularity?” Sebastián, with his experience in the food and additives sector, tackled a crucial topic: compliance with regulations and labeling requirements in the food industry.

His presentation delved into how comprehensive knowledge of food and labeling regulations is essential for successful operation in the Colombian market. Sebastián emphasized that adhering to current regulations is not only a legal obligation but also a guarantee of quality and trust for consumers and a safeguard against potential sanctions. He highlighted the responsibility of companies to stay updated and comply with legislation to ensure their continuity and growth in the market.

Sebastián’s intervention served not only to illustrate the importance of regulatory compliance but also to underscore how BéndiksenLaw, with its expert and dedicated team, can be a strategic ally in this process. We believe that keeping up with regulations is not just a matter of compliance but also an opportunity to improve business practices and strengthen market confidence. Through the legal advice and guidance we offer, we help companies navigate the complex legal framework governing the food industry.

Our commitment to excellence and integrity in legal advice motivates us to continue actively participating in events like Andina Pack, where we can share our knowledge and learn from other industry leaders.

We invite those interested in these topics to visit our website for more information and discover how we can support them in complying with food and labeling regulations, a key step in ensuring the success and sustainability of their operations in the Colombian market.

Contact us.

Join our webinar on Legal Compliance of Cryptoassets: Essential Knowledge for Colombian Companies

Are you interested in learning more about cryptoasset legal compliance and how it applies to businesses in Colombia? If so, we have great news for you! We are organizing an exciting webinar (in Spanish) that will take place on June 6 at 10:30 am, where we will delve into the essential knowledge that every Colombian company must consider in the world of cryptoassets. If you want to keep your business up to date and make sure you comply with all regulations, this webinar is for you. Keep reading to learn more!

Details of the event:

Date: June 6, 2023

Time: 10:30 am (Colombia time)

In this webinar our managing partner, Sebastián Béndiksen, will give us valuable and practical information on how companies in Colombia can address the challenges and opportunities related to cryptoassets safely and in compliance with regulations.

Who should attend?

This webinar is designed for entrepreneurs, directors, managers, legal professionals and anyone interested in understanding the legal and regulatory aspects of cryptoassets in the Colombian context. It does not matter if you already have experience in the subject or if you are new to the world of cryptoactives, this event will give you valuable and updated information.

Inscription:

To join our webinar, simply go to https://eventograma.com/compliance-legal-de-criptoactivos/ and complete the registration form. Registration is free, but space is limited, so be sure to reserve your spot as soon as possible.

Do not miss this opportunity to acquire essential knowledge about legal compliance of cryptoassets and how to apply them to your company in Colombia. The webinar on June 6 at 10:30 am will be an invaluable opportunity to stay updated and ensure you comply with regulations in the world of cryptoassets. Register now and reserve your spot. We are waiting for you!

New Regulation for Remote Work Contracts in Colombia

On April 9, through Decree 555 of 2022, the Colombian Ministry of Labor regulated the conditions that must be met by employers, workers and workers’ compensation administrators (ARL, by its Spanish acronym), for cases in which workers provide their services remotely. This type of work is known as remote work and is a form of performance of employment contracts in which information and communications technologies or similar means are used. In other words, employers and workers do not interact physically, since all the stages of the contract are performed virtually [1]. Therefore, companies that want to implement remote work must have a procedure that recognizes and respects the rights and guarantees of workers, as well as promote the appropriate use of information and communication technologies in a way that eliminates barriers that limit the performance of remote work. In this regard, this decree establishes new obligations for  remote employers, who must comply with  sending of a copy of the remote employment contract to the ARL along with: (i) the information of the place chosen for the provision of the service, (ii) any changes to this, (iii)  weekly work schedule, (iv) the occupational risk classification corresponding to the tasks to be performed and (v) the occupational risk classification corresponding to the company or workplace, as well as filling out the form required by the ARL. Additionally, the methodology to identify, evaluate, assess and control dangers and risks to workers of the company must include the category of remote work in order to adopt all necessary actions in the annual Work Plan of the Occupational Health and Safety Management System (SG-SST, by its Spanish acronym).

Likewise, employers must inform workers about the available means of communication to report any updates related to the performance of remote work, work accidents and occupational diseases. Similarly, every employer must order periodic medical evaluations to identify the health conditions of remote workers. Finally, employers must provide workers with safe work equipment and adequate means of protection, and virtually verify the health and safety conditions of the place where workers will perform their functions.

With respect to remote employment contracts, this decree establishes that they must contain the activities that workers must perform and the physical conditions of the workplace. In addition, the work tools that will be delivered to remote workers for the effective performance of their functions must be included in the contracts, as well as the liability for the custody of these items, the way in which these items will be delivered to and returned by workers, and the computer security measures that remote workers must know and comply with. Furthermore, the value of the assistance fee that employers must pay to compensate for the cost of energy, Internet and / or telephone services used in the provision of the services by the worker must be specified, which may not be lower than the value of the transportation aid established by the National Government. Employers and workers may also agree on a monthly compensation value for the use of work tools owned by the worker.

Moreover, employers may require remote workers, in exceptional circumstances, to attend the employer’s office or workplace in-person. These exceptional circumstances must be included in the employment contract. In addition, flexible schedules may be agreed upon by the parties and employers may implement corresponding technological mechanisms to ensure and verify the effective compliance with the schedule, without prejudice to workers’ right to disconnect from work.

In case you have doubts regarding these obligations or any labor issue, do not hesitate to contact us so that we can provide you with the legal counsel you need.

[1] Article 3rd, Law 2121 of 2021.