The Ministry of Health of Guatemala will implement a series of changes in the procedure and requirements for the sanitary registration of prepackaged foods, starting August 5, 2024, following the entry into force of the Central American Technical Regulation 67.01.31:20 Processed Foods. Procedure For the Granting, Renewal, and Modification Of Sanitary Registration.
The new regulation introduces changes in the information and documentation required to apply for registration, renewal, and updating of sanitary registrations for food and beverages. One of the most significant modifications is the change in the legal status of product ownership. Before it entered into force, only Guatemalan companies could hold sanitary registrations, which limited foreign manufacturers’ ownership of their registrations. The new regulation eliminates such restrictions, allowing foreign manufacturers greater freedom to own their sanitary registrations.
New Legal Entities:
The new regulation introduces a separation between the roles of applicant, holder, and importer, which implies that the party interested in obtaining a registration in Guatemala can designate a national or foreign holder, independent of the importer.
Additionally, with this modification, the possibility of having multiple authorized importers per registration is enabled, with a single sanitary registration number prevailing, controlled by the holder. Due to this diversity of importers, secondary importers who previously had sanitary registration or registration use linked to a master registration, are no longer viable.
Other Relevant Changes:
- The application now adds the categories of importer, applicant, and legal representative (of the national or foreign holder).
- The authority has the discretion to require product technical data sheets.
- A six-month grace period is added after the expiration of the sanitary registration to request its extraordinary renewal.
- New post-registration modifications are introduced, such as change of legal representative; change, removal, or addition of importer(s) and distributor(s); expansion (addition) of brand or product name; change of manufacturer.
These changes offer food and beverage manufacturers control over the sanitary registrations obtained in Guatemala for products manufactured abroad. This control facilitates the holder in marketing its products with different importers simultaneously without significant changes to the labeling information or the need for additional sanitary permits or registrations. This modified regulation enables the food industry to organize its portfolio of registrations.
For more information or advice on implementing the benefits of the new legal categories and updating your portfolio of food and beverage sanitary registrations, please get in touch with our specialists:
Pamela López
Partner
[email protected]
Daniela Meza
Associate
[email protected]