1. Authorities

Coffee-on-the-go
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.

It is worth mentioning that coffee beverages (e.g.: iced coffee, iced expresso drinks, drip coffee, cold brew, and nitro coffees, hot expresso drinks, etc.) would be considered, in regulatory terms, as beverages prepared and packaged in food service stores and sold in such stores (restaurants, fast food outlets, caterers, etc.); or foods packaged at the point of sale at the consumer's request (take-away foods). Based on the above-described information, it is our best understanding that only the raw materials and the rules governing food services, not the final product, will be subject to control by ANVISA.

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