Since February of this year, the firm LA Business SA of Ciudad del Este has had a precautionary measure that allows it to import products such as food without having a health record.
Dynavisa. Jorge Iliou, head of Dinavisa, pointed out that as an institution they are constrained to comply with a court order. “However, the consequences are worrying because the articles whose application it suspends are those that allow us as a regulatory authority to demand compliance with the mandatory notification requirements and others for the granting of health registrations for personal hygiene products, cosmetics and perfumes,” he said.
To grant the health registration, the qualitative and quantitative formula analyzes of the product must first be carried out, the quality control analysis certification of the finished product with results must be analyzed, issued by the manufacturer, and the stability data that supports the deadline must be seen. validity of the products and other aspects.
“There is concern that with the validity of a precautionary measure of this nature, as an institution, we are limited in the exercise of our powers as a regulatory authority and, therefore, by granting a registration by a court order we will not be able to guarantee the population the quality, safety and safety of hygiene products, cosmetics and perfumes that may be marketed; That is, this is a concern related to the risk that these products may represent for the health of users,” he concluded.
The National Directorate of Health Surveillance (Dinavisa) became aware of this unconstitutionality action promoted against Decree 3636/20 through the judicial document that notifies for compliance with the precautionary measure granted.
This measure in favor of the LA Business firm suspends the effects of articles 5, 19, 25 and 46 of Decree 3636 of May 26, 2020, which regulates article 39 of Law No. 1119/1997.
ID. Before buying a product from a shopping center or on the street, the consumer must check the food package and verify that it has the details of the establishment registration (RE) or the health registration of food products (RSPA), which are labeled and that guarantee the quality of the product by the National Institute of Food and Nutrition (INAN), an institution dependent on the Ministry of Public Health and Social Welfare (MSPyBS).
CONTEXT. César Diesel, Víctor Ríos and Gustavo Santander were the ministers who signed the unconstitutionality action; However, the only one that expressed an opposite opinion was Santander.
Given this measure, the following companies are now requesting the same action: Borgaro SA, Pro Confort SA, Suntec Company SA, Real Service, Representaciones Company and P&D Import.
Once food enters the country, it is sold in up to 60,000 points of sale, making it impossible to control marketing.
It is worrying that with the validity of a precautionary measure, the exercise of our powers will be limited by Jorge Iliou, head of Dinavisa.
