Cannabis as an ingredient in food or supplements
Since the recent modification of the Argentine Food Code (CAA) through Joint Regulation No. 31/2023 by the Ministry of Health and Ministry of Agriculture, the hemp seed is incorporated to the CAA as a seed for human consumption, extending its recognition beyond medicinal and cosmetic benefits. Furthermore, this update validates the use of said hemp seeds as an ingredient in the production of oils and flours.
The Joint Regulation sets froth that only hemp seeds meeting certain criteria are deemed edible, as long as they do not contain more than 1% THC. Accordingly, the recognized flours and oils are exclusively those derived from hemp seeds meeting such criteria.
Country of origin requirements
Since the issuance of Law No. 26.967 in 2014, Argentina has implemented a system to encourage high-quality local production. This Law allows companies to use a special seal on their products that states “Argentine Foods, a natural choice” (“Quality Seal”). The Quality Seal is optional, and it is provided free of charge by the Ministry of Agriculture to food companies that follow specific requirements during the manufacturing process. These include compliance with Good Agricultural Practices (GAP), Good Manufacturing Practices (GMP), Hazard Analysis and Critical Control Points (HACCP), and additional parameters like physical-chemical and sensory evaluations, depending on the specific characteristics of the product. To verify compliance with these requirements, periodic audits are conducted by third-party entities authorized for this purpose.
Products with the Quality Seal have extra benefits, such as a 0.5% increase in Export Refunds. This program encourages food companies to maintain high-quality standards while promoting the export of Argentine products.
Fortification of foods
Section 1363 of the Argentine Food Code (CAA) defines fortified foods as those where the proportion of proteins, amino acids, vitamins, minerals, and essential fatty acids is higher than the average natural ingredients found in regular food, due to significant supplementation. However, the CAA also states that the fortified nutrients cannot be present at levels that would cause excessive intake through cumulative effect from other dietary sources.
According to the regulation, the following foods cannot be fortified: (i) meat and meat products, (ii) ice cream, (iii) sugary foods (except those containing juice in their composition), (iv) non-alcoholic beverages or powders to prepare them (except in both cases where they contain juice in their composition), (v) waters, carbonated waters and mineral waters (with or without gas).
Additionally, since the issuance of Law No. 25,630 in 2002 (Prevention of anemias and neural tube malformations), Argentina has implemented a system to encourage fortification of foods, particularly flours, to promote the prevention of anemias and neural tube defects in the population. In that sense, wheat flour intended for consumption in the domestic market has to be fortified with iron, folic acid, thiamine, riboflavin, and niacin.
Definitions of vegetarian and vegan
In 2022, vegetarian and vegan foods were recognized and incorporated into the Argentine Food Code (CAA) by Joint Regulation No. 5/2022, issued by the Secretary of Quality in Health and the Secretary of Food, Bioeconomy and Regional Development.
Section 229 of the CAA states that products that do not contain ingredients of animal origin and/or their derivatives (including additives and coadjutants) may include the label “Only with plant originated ingredients”, “100% plant-based” or “Made from plants”, provided that manufacturers and/or importers evidence such condition to the applicable health authority, within the product authorization process.
Additionally, Section 229 of the CAA indicates that the term “vegan” is reserved for products that do not contain ingredients of animal origin and/or their derivatives (including additives and coadjutants), and whose manufacturers and/or importers demonstrate to the competent authorities that their processes and management system ensure compliance with the criteria mentioned above, which may also be verified by an officially recognized entity. These products may include the labels “vegan product” or “vegan food”.
Lastly, Section 229 of the CAA indicates that the term “vegetarian” is used for products that do not contain ingredients from animals or their derivatives, including additives and coadjutants, except for the following ingredients or their components/derivatives: (i) milk and dairy products; (ii) eggs or egg products, obtained from live animals and/or (iii) honey or bee-derived products. Products meeting these criteria may display labels such as “vegetarian product” or “vegetarian food”, provided that manufacturers and importers evidence this condition to the applicable health authority within the product authorization process.