1. Authorities

General Foods
Brazil

This section provides an overview of the Authorities involved in setting regulations and managing compliance with the food product in scope.

National Health Regulatory Agency (ANVISA) 

Anvisa [1] is an authority linked to the Ministry of Health, part of the Brazilian National Health System (SUS) as the coordinator of the Brazilian Health Regulatory System (SNVS), present throughout the national territory.

Its role is to promote the protection of the population’s health by executing sanitary control of the production, marketing, and use of products and services subject to health regulation, including related environments, processes, ingredients, and technologies, as well as the control in ports, airports, and borders.

According to Article 8 of Law No. 9782/1999 [2], food, including beverages, bottled water, its inputs, packaging, food additives, limits of organic contaminants, pesticide residues, and veterinary drugs are considered goods and products subject to Anvisa's sanitary control and inspection and must be registered in such agency. 

It should be noted that although the aforementioned law includes beverages, the control and inspection of the latter products are carried out jointly with the Ministry of Agriculture, Livestock and Supply (MAPA) [3]. In practice, ANVISA issues the corresponding rules on general labeling, food additives, contaminants, etc. while the notification procedure and the regulation on identity and quality for beverages is up to MAPA.

Ministry of Agriculture, Livestock and Supply (MAPA)

MAPA [3] is one of the authorities composing the Brazilian National Health System (SUS). Its function is related to the inspection of food of animal origin, such as meat and fish, drinks in general (non-alcoholic, alcoholic, and fermented ones), and fresh vegetables.

Law No. 8.918 of 1994 [4] provides for the standardization, classification, registration, inspection, production, and supervision of beverages, authorizes the creation of the Intersectoral Commission for Beverages, and makes other provisions. According to Article 2 of this Law, the registration, standardization, classification, inspection, and surveillance of the production and trade of beverages, as regards their technological aspects are under the scope of MAPA. 

On the other hand, Law No. 9782 of 1999 [2] that creates the National Sanitary Surveillance System, and the National Sanitary Surveillance Agency establishes that food, including beverages, bottled water, its inputs, packaging, food additives, limits of organic contaminants, pesticide residues, and veterinary drugs are considered goods and products subject to National Health Regulatory Agency (ANVISA)'s sanitary control and inspection. 

Therefore, the governance of beverages is shared between the two authorities – MAPA and ANVISA, based on their expertise and scope of action described in the applicable regulations.

1.1 References

1. National Health Regulatory Agency – Anvisa

https://www.gov.br/anvisa/pt-br/english

2. Law N° 9782/1999 creates the National Sanitary Surveillance System, creates the National Sanitary Surveillance Agency and makes other provisions

https://www2.camara.leg.br/legin/fed/lei/1999/lei-9782-26-janeiro-1999-344896-publicacaooriginal-1-pl.html

3. Ministry of Agriculture, Livestock and Supply – Mapa

https://www.gov.br/agricultura/pt-br/internacional/english

4. Law No. 8.918 of 1994 provides for the standardisation, classification, registration, inspection, production and supervision of beverages, authorises the creation of the Intersectoral Commission for Beverages and makes other provisions

http://www.planalto.gov.br/ccivil_03/leis/l8918.htm