Article 216 Bis: A Pioneering Step Towards Healthier Living
In a landmark move to enhance public health, Article 216 Bis has been introduced into the General Health Law of Mexico, heralding a new era in the regulation of oils, edible fats, food, and non-alcoholic beverages. The prohibition of trans fats, particularly the use of partially hydrogenated oils in industrial processes, takes center stage in this groundbreaking legislation.
This significant development was officially decreed on March 24, 2023, and subsequently published in the prestigious Official Gazette of the Federation (“Diario Oficial de la Federación“). The inclusion of Article 216 Bis within the General Health Law establishes stringent guidelines that have far-reaching implications for the country’s food and beverage industry.
In essence, the recently published article prohibits the incorporation of trans fats, commonly known as partially hydrogenated oils, in the industrial production of oils, edible fats, foods, and non-alcoholic beverages destined for public sale. Furthermore, it imposes strict limits on the permissible levels of industrially produced trans fatty acids in these products.
It is paramount to underscore the substantial health risks associated with the consumption of trans fats, contributing to nearly 20,000 preventable deaths annually in Mexico. These risks, coupled with proposed modifications in NOM-051 addressing the labeling of foods and non-alcoholic beverages, aim to empower consumers by providing clearer information about the products they choose to consume.
To ensure effective adherence to these regulations, the Ministry of Health is poised to release comprehensive guidelines in the coming months. The decree comes into force 180 days from its publication in the DOF, estimated to be around September 2023. Anticipated adjustments to corresponding regulations and agreements are also on the horizon to effectively administer this newly introduced Article of the General Health Law.
Celebrating Progress: The Approval and Implications
The approval of the article by the Plenary of the Chamber of Deputies has been met with acclaim by the Ministry of Health. This monumental step, backed by 472 votes in favor and none against or abstaining, reflects a unified commitment to public health.
Mexico’s adoption of Article 216 Bis aligns with recommendations from the Pan American Health Organization (PAHO) and the World Health Organization (WHO). It also upholds agreements set forth in the 2008 Rio de Janeiro Declaration, “The Americas Free of Trans Fats,” urging legislative and regulatory measures to limit trans fat content in all foods and the prohibition of partially hydrogenated oils.
In an interview, Ruy López Ridaura, Director-General of the National Center of Preventive Programs and Disease Control (Cenaprece), emphasized the collaborative efforts between the Health Ministry, civil society organizations, and the Legislative Branch. This collective endeavor, supported by technical cooperation from PAHO and the National Institute of Public Health (INSP) since 2019, represents the culmination of a process initiated in 2005.
Looking Ahead: Your Questions Matter
As Mexico joins the ranks of countries like Canada, the United States, and Denmark in banning partially hydrogenated oils and trans fats, there is a collective understanding that regulatory efforts must extend beyond legislation. The next crucial step involves formulating detailed regulations, integral to the overarching strategy to reduce the consumption of harmful substances present in certain foods.
Con los cambios inminentes en el horizonte, es natural que surjan preguntas y consultas. Agradecemos su participación y lo invitamos a comunicarse para obtener más aclaraciones o discutir cualquier inquietud que pueda tener.
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