Libro II · Título I Capítulo V. Alimentos, establecimientos y expendios de alimentos

Food is any natural, artificial, simple or compound product, processed or not, that is ingested for the purpose of nourishing oneself or improving nutrition, and those ingested out of habit or pleasure, even when not for nutritive purposes.

For purposes of regulation under this Code and its regulations, the following are included within this Article:

a)The substances added as additives to meals or beverages;

b)Foods for infants and children under two years of age;

c)Foods for the elderly;

d)Foods for special regimens;

e)Non-alcoholic beverages;

f)Alcoholic beverages;

g)Water and ice for human consumption.

All beverages containing more than 0.5% alcohol by volume shall be considered alcoholic beverages and shall be subject to conformity assessment and sanitary control, in accordance with the provisions of this chapter and the respective regulation.

The consumption of alcoholic beverages, wines, beers and fermented beverages in public parking lots and in the exclusive parking lots of establishments selling food and/or liquors, as well as on the public roadway, is strictly prohibited.

Consumption in the exclusive parking lots of those establishments that sell food and/or liquors shall result in a fine of FIFTEEN THOUSAND quetzales (Q. 15, 000.00) being imposed on such establishments; a repeat offense shall result in twice the fine imposed the first time being applied, and in the event of continued violation of the law, action shall be taken in accordance with Article 219, subsections c) and e) of the Health Code.

For the purposes of this Code and its regulations, the following shall be understood as:

a)Unprocessed natural food, that which has not undergone modifications of physical, chemical or biological origin, except those indicated for reasons of hygiene or for the separation of inedible parts. The definition includes fresh and frozen meats, fresh as well as frozen fish and seafood.

b)Processed natural food, any food product prepared on the basis of a natural food which has been subjected to an appropriate technological process for its preservation and subsequent consumption.

c)Artificial food, that which has been prepared with the object of imitating a natural food, in whose composition enter substances not existing in the natural food, in addition to water or any natural or processed vehicle.

d)Enriched, fortified or equalized food, any food to which nutrients have been added with the object of reinforcing its nutritional value, in accordance with the provisions of the respective standards.

e)Food for special regimens, that which has been prepared in order to satisfy special nutritional regimens, whether for metabolic, aesthetic or physiological reasons and all those ingested as a nutritional supplement.

f)Altered food, that which by the action of natural or artificial causes such as humidity, temperature, air, light, time or the action of enzymes and other causes, has undergone substantial changes in its normal characteristics and deterioration or harm in its composition.

g)Contaminated food, that which contains physical, chemical, radiochemical, microbiological or biological contaminants in concentrations higher than acceptable levels, according to the norms and regulations in force.

h)Adulterated food, any food which intentionally has been deprived partially or totally of useful or characteristic elements of the product, or if these have been substituted by others inert or foreign to the food, or when it contains an excess of water or filler material as indicated by the specific regulations and standards in force. It is also adulterated food when substances have been added to it to disguise alterations of the physical, nutritional or organoleptic characteristics inherent to the food or it has been added with substances prohibited due to their toxicity.

i)Falsified food, that to which fictitious characteristics are attributed, to pretend the appearance of a legitimate product, without being so; or which does not come from legally authorized manufacturers.

j)Irradiated food: Any food which has been subjected to treatment with ionizing radiation; understood as such, gamma rays, X-rays or corpuscular radiation capable of producing ions directly or indirectly.

All inhabitants have the right to consume safe food of acceptable quality. For such purpose, the Ministry of Health and the other institutions of the Sector, within their scope of jurisdiction, shall guarantee the same through prevention and promotion actions.

The Ministry of Health, in coordination with the other institutions of the Sector, shall be responsible for formulating the policies and strategies related to the protection and safety of foods. In this context, the National Food Control Program is created, with the participation of the Ministries with responsibility in food control, the municipalities, the private sector and other organizations representing consumers, creating mechanisms that ensure interinstitutional coordination.

The Ministry of Health and other institutions, in a coordinated manner, carry out the following functions:

a)To the Ministry of Health correspond those of prevention and control in the stages of processing, distribution, transportation and marketing of processed foods of all kinds, domestic or imported, including the granting of the sanitary license for the opening of establishments, the sanitary certification or reference sanitary register of the products and the conformity assessment thereof, monitoring good manufacturing practices. Likewise, it is responsible for granting the sanitary license and sanitary control for outlets for unprocessed foods.

b)To the Ministry of Agriculture, Livestock and Food, those of prevention and control in the stages of production, transformation, storage, transportation, import and export of natural unprocessed foods.

c)To the Ministry of Economy, those of control in the field of meteorology and industrial property.

d)To the municipalities, those of prevention and authorization of establishments related to the handling and sale of foods in municipal slaughterhouses in accordance with the standards established by the Ministry of Agriculture, Livestock and Food, markets, fairs and sales of foods on public thoroughfares.

e)To the Ministry of Health, in coordination with the Ministry of Energy and Mines through its specific dependency, corresponds the control and certification of radioactivity levels in foods, as well as the evaluation of the effects of radioactivity and the suitability for consumption of said foods. A specific regulation shall govern the matter.

Prior to marketing a food product with a trade name, the authorization of the Ministry of Health must be secured and its reference sanitary registration or sanitary certification obtained from said Ministry. The reference sanitary registration shall ensure the safety and quality of the food and shall constitute the base standard that shall serve to periodically control the product on the market. The requirements for the reference sanitary registration shall be based on the risk criteria established in the respective regulation.

Every food product with a trade name, intended for commerce, shall be evaluated in accordance with the safety and quality standards and regulations, by the Ministry of Health. Once this requirement has been met and the requirements established in the respective regulation have been fulfilled, the sanitary certification shall be issued. The time limit for its issuance shall likewise be established in the regulation.

a)Producers or distributors of food for human consumption, or the person accredited by them before the sanitary authorities, shall be liable for compliance with the sanitary standards and/or regulations governing the quality and safety thereof.

b)Distributors or vendors of food for human consumption, or the person accredited by them before the sanitary authorities, shall be liable for the sale of food under a trade name that does not have a sanitary register or sanitary certification, or whose expiry date has expired or which are notoriously deteriorated.

c)Owners and representatives of establishments that sell prepared foods, such as restaurants, cafeterias, dining rooms and others, shall be liable for compliance with the sanitary standards governing the quality and safety of food.

In case of non-compliance with this provision, the owner or his representative shall be subject to the sanctions established by this Code.

In the international agreements and treaties signed by the Government of Guatemala in matters of food, the safety and quality of imported and national products shall be guaranteed. In addition, reciprocal treatment for Guatemalan products shall be guaranteed, through harmonized procedures approved by the Ministry of Health.

The content, composition and specific health indications of the product stated on the label must be written in Spanish, and must further comply with the health requirements established by the Ministry of Health in a specific regulation, without detriment to other norms and regulations in force.

Advertising and labeling that attributes therapeutic properties to foods or that induces error or deception in the public as to the nature, ingredients, qualities, properties or origin thereof is prohibited. A specific regulation shall regulate this matter.

Only the use of materials for the manufacture of containers and packaging that are compatible with foods and that do not cause alterations through interaction thereof shall be permitted.

In the absence of national standards for specific cases or where such standards are insufficient or outdated, the standards of the Codex Alimentarius and other internationally recognized standards shall apply supplementarily and, where applicable, the provisions issued by the higher authorities in food health matters.

For the purposes of this Code and its regulations, food establishment or outlet means any place or premises, permanent or temporary, fixed or mobile, intended for the manufacture, processing, marketing, distribution and consumption of food.

Any natural or legal person, public or private, seeking to install a food establishment shall obtain a sanitary license granted by the Ministry of Health, in accordance with the sanitary norms and regulations and within the time limit established therein. Establishments whose scope of responsibility corresponds to the Ministry of Agriculture, Livestock and Food and to the Municipalities are excepted from this provision, as contemplated in Article 130, subparagraphs b) and d) of this law. The sanitary license shall be valid for five (5) years, the establishment remaining subject to control during this period. In the event of non-compliance with the corresponding sanitary laws or regulations, the sanction contemplated in this Code shall be incurred.

When a modification is to be made to the establishments or outlets that have already been authorized in accordance with the provisions of Article 140 of this Code, the interested party shall request a new authorization from the Ministry of Health, in which the changes made are incorporated.

Persons responsible for food establishments and outlets shall permanently prove the good state of health of their personnel, being jointly and severally responsible with the work team. A specific regulation shall govern the matter.

The personnel shall have the duty to observe sanitary norms and regulations, and comply with the technical specifications of the food establishment. The owners and their supervisory personnel shall promote and monitor compliance with sanitary laws and their regulations.

The owners, administrators, managers or persons responsible for establishments or outlets for food shall permit entry at any hour of operation to the duly identified competent health authority to carry out such inspections as may be necessary, as established by the respective regulation. The provisions of this Article shall also apply to temporary storage and transportation of food.

The Ministry of Health, in coordination with the municipalities, shall exercise permanent sanitary surveillance and control of food establishments inside municipal markets, fairs and street food sales, in order to ensure that they operate in accordance with the sanitary norms and regulations that ensure their safety, as established by the respective regulation. If processed foods with a trade name are sold, they shall comply with the regulations in force on sanitary register or sanitary certification.

The Ministry of Health and other institutions linked in this field shall formulate donation policies within the framework of the food security established by the country.

Those products consistent with the customs of the country and with the policies established concerning food aid, and as provided in the respective regulation, shall be accepted.

The food subject to donation must have a preservation period that allows its distribution and consumption in good condition. The responsible authorities shall establish expeditious distribution mechanisms to maintain the safety and quality of the food. A specific regulation shall govern this matter.

The Ministry of Health shall be responsible for authorizing the receipt and distribution of the donation, verifying the safety and quality of the food. The authorities in charge shall establish agile distribution mechanisms to maintain the safety and quality of the food.