Veggie food
There are no specific legal regulations for vegan and vegetarian foods in Chile.
Article 110 of Decree No. 977/96 of the Ministry of Health, which sets forth the “Chilean Sanitary Foods Regulation” (RSA) sets forth that “Labeling and advertising [of food] of any kind must not contain words, illustrations, or other graphic representations that could be misleading, deceptive, or false, or that could in any way create a false impression regarding the nature, composition, or quality of the product”.
Therefore, any claim or representation aimed to convey that a product is “vegan” or “vegetarian” must be verifiable and truthful.
Further, there are certain limitations set forth in the Chilean Sanitary Code for the use of terms and concepts associated to “meat” and “milk”, in association with plant-based products.
Fortification of foods
Article 106 No. 12 of the RSA, defines “Fortification” as “The addition of one or more nutrients or dietary fiber to a food, in a concentration of 10% or more of the Daily Reference Intake (DRI) per typical serving for a particular nutrient”
In Chile, there are certain categories of foods that may not be fortified with vitamins and mineral. This list is set forth in Article 5 of Resolution 393/02 of the Ministry of Health, which “Establishes Nutritional Guidelines on the Use of Vitamins and Minerals in Foods” (“Res. 393”).
Res. 393 provides the maximum levels of vitamins and minerals for a foodstuff product to qualify as “fortified” in Chile. If a product exceeds such limits, the product will qualify as a “dietary supplement” under local regulations.
Further, there are certain foodstuff products that are subject to mandatory fortification obligation, such as milk and flour.
In addition, the RSA strictly regulates the use of the claim “fortified” in association with foodstuff products.
Country of origin requirements
According to article 107 of the RSA, in Chile, the label of foodstuff products must include information on the country, regardless of whether the product is imported or locally manufactured.
Domestic products must clearly state: “Made in Chile”, “Manufactured in Chile by…”,“Products of Chile”, “Chilean product”, “Produced in Chile by…” or another phrase with the same meaning.
When an imported food product undergoes processing in Chile that alters its physical, chemical, biological, or organoleptic properties, it must be considered domestically produced for labeling purposes. Imported products that, for the purpose of their sale in the country, are merely packaged, divided into lots or volumes; sorted; polished; graded; or marked, shall retain their country of origin for labeling purposes.
Further, please note that there are certain products that have additional requirements in connection with information regarding origin, such as milk, which requires that the label informs the country where the animals were milked.
Cannabis as an ingredient in food or supplements
In Chile, for foodstuff, Article 170-A of the RSA provides that tetrahydrocannabinol (THC) may be used, as long as its content in hemp seeds used for human consumption and in hemp-based foods does not exceed:
a) Hemp oil 10.0 mg/kg
b) Whole hemp seeds: 5.0 mg/kg
c) Shelled hemp seeds: 2.5 mg/kg
d) Hemp flour or protein: 3.5 mg/kg.
