2. Product Categories

Soft Drinks
Brazil

This section provides the regulatory definition of the food category in scope, or the appropriate food category for the product in scope. Additionally, it provides the food products that belong to this food category along with the definition and specific information on each of these types of food products.

2.1 Category Name & Definition

Category Name

Non-alcoholic beverage. 

This includes non-fermented non-alcoholic beverages and non-alcoholic fermented beverages. The main pieces of regulation ruling these products are Law N° 8.918 of 1994 [1] and its Regulation [2].

Definition

Regulation of Law N° 8.918 of 1994 [2] foresees the following definitions: 

• Beverages: “the product of industrialized vegetable origin, intended for human consumption in liquid form, with no medicinal or therapeutic purpose”. It is also defined by the Regulation as “fruit pulp, syrup not for medicinal or therapeutic purposes, solid and liquid preparations for making beverages, soda and alcoholic fermentations of animal origin, alcoholic distillates of animal origin and beverages prepared by mixing substances of vegetable and animal origin”.
• Non-alcoholic beverages: beverages containing up to 0.5% alcohol by volume, at 20 °C of potable ethyl alcohol. This includes fermented and non-fermented beverages.

2.2 Product & Definition

Although Law N° 8.918 of 1994 [1] and its Regulation [2] set out the general classification for all beverages including soft drinks, in 2021, MAPA issued Normative Instruction N° 123/2021 [3] that establishes the standards of identity and quality for composite drink, tea, soft drink, soda, etc., where appropriate, the respective solid and liquid preparations. This piece of regulation foresees the updated rules, and a clear classification is aligned with the above-mentioned texts.  

Since no specific information on the final product has been shared, the potential categories of the product could be one of the following: 

1. Soft drink / Refresher (Refresco in Portuguese). The regulation also includes the following products which could also be considered for B2B purposes:
   1. Liquid soft drink preparation
   2. Solid soft drink preparation
   3. Syrup
2. Refreshing drink (“Refrigerante” in Portuguese) includes liquid preparation or liquid concentrate
3. Soda

Definition

Normative Instruction N° 123/2021 [3] provides the following definitions: 

1. Soft drink (“Refresco” in Portuguese): is a ready-to-drink, non-fermented, non-alcoholic beverage obtained from the herbal ingredient diluted in water.
   1. Liquid soft drink preparation: the concentrated product, with a herbal ingredient, which, when diluted in water, shall have the same characteristics as laid down in the standard of identity and quality of the soft drink, observing the classification established in Annex III of Normative Instruction N° 123/2021.
   2. Solid soft drink preparation: the product based on a vegetable or artificial ingredient, in powder form, intended for the manufacture of a beverage for consumption, after dilution with water.
   3. Syrup: the product based on vegetable or artificial ingredient, diluted in water with a minimum concentration of fifty-two percent sugars by weight at twenty degrees Celsius.
2. Refreshing drink (“Refrigerante” in Portuguese):   carbonated beverage obtained by dissolving a vegetable ingredient, with added sugar, in potable water and must be saturated with industrially pure carbon dioxide.
   1. Liquid preparation or liquid concentrate for refreshing drink: is the concentrated product, with a vegetable ingredient, which when diluted in drinking water, must have the same characteristics as those set out in the standards of identity and quality of soft drink, observing the classification provided for in Annex IV of Normative Instruction N° 123/2021.
3. Soda: carbonated drinking water carbonated with carbon dioxide, with a pressure of more than two atmospheres, at twenty degrees Celsius, and may be added mineral salts or natural flavoring.

It is worth mentioning that the product of interest must meet the specific definition to determine the right classification since for each category there are specific compositional requirements.

Specifications/Target Age

No provisions. It is our best understanding that the product shall be intended for young people and adults. 

Additional Information

None.

2.3 References

1. Law N° 8.918 of 1994 – Providing for the standardisation, classification, registration, inspection, production, and supervision of beverages, authorizes the creation of the Intersectoral Commission for Beverages and makes other provisions.

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

2. Regulation of Law N° 8.918 of 1994. - The standardization, classification, registration, inspection, production, and inspection of beverages.

http://www.planalto.gov.br/ccivil_03/_Ato2007-2010/2009/Decreto/D6871.htm 

3. Normative Instruction N° 123/2021 - Establishing the standards of identity and quality for composite drinks, tea, soft drink, soda, etc., where appropriate. 

https://www.in.gov.br/en/web/dou/-/portaria-mapa-n-123-de-13-de-maio-de-2021-319830736