The Regulation for the Health Control of Food and Beverages, issued by the Health Regulatory Agency (ARSA), came into effect on August 13, 2024.
This health regulation for food and beverages includes all activities related to the preparation, handling, manufacturing, packaging, sale, storage, distribution, marketing, importation, exportation, and transportation of these products. Those responsible for these activities must comply with the requirements set by ARSA to ensure public health protection.
Health License and Health Registration
There are two main types of licenses:
- Health Transportation License: Authorization for vehicles transporting food and beverages, ensuring they meet the necessary conditions to maintain product safety and quality.
- Health Establishment License: Authorization to operate a food and beverage establishment, complying with all technical and legal requirements, such as waterproof floors, washable walls, and pest control systems, among others.
Products, food, and beverages manufactured, prepared, packaged, stored, imported, exported, distributed, or marketed within the national territory must have a health registration granted by ARSA. To obtain or renew this registration, in addition to complying with the requirements set by the RTCA for processed foods, the provisions of the current regulation must be followed. ARSA may authorize changes to the health registration without altering its name or initial validity.
The health registration is valid for five years, as established in the corresponding RTCA. Renewal applications must be made up to five months before the expiration date. If submitted late, renewal can be requested up to six months after expiration, with the corresponding fees. If the deadline is exceeded, a new health registration must be requested.
Good Practices and Services
Food factories and warehouses must comply with Good Manufacturing Practices (GMP), which include:
- Keeping facilities clean and in good condition.
- GMP Certification: Submit an application and meet the verification requirements established by ARSA.
- Implement a documented program that includes methods, frequency, and responsibilities for cleaning and disinfection activities.
Good Storage Practices
The storage of food, beverages, and raw materials must follow certain guidelines to ensure safety and quality. Some of the provisions include:
- Keeping storage areas clean, dry, and organized.
- Storing products 15 cm off the ground and 50 cm from walls, on appropriate shelves.
- Having designated areas for raw materials, finished products, and rejected or quarantined items.
Food Handler
The concept of food handler is redefined as any person who has direct contact with packaged or unpackaged food, equipment, and utensils used in food preparation or surfaces that come into contact with food. Handlers must comply with good hygiene practices and are responsible for the product from its manufacturing and packaging to its placement on store shelves and billing to the customer.
Advertising
Advertising is defined as any form of commercial communication aimed at promoting food and beverage products. This includes content on billboards, the internet, social media, emails, television, radio, and print media. All forms of advertising must comply with regulations to ensure that the information provided to consumers is truthful and not misleading.
Temporary Health Permits
ARSA establishes the Temporary Health Permit (PST) for the importation and distribution of food, beverages, and nutritional supplements without a health registration. This permit has an initial validity of six months, with extensions of six additional months, up to a maximum of two years for the same product and company.
Renewal applications must be submitted ten days before the expiration, though they can also be requested within the following ten days. The PST can be granted to both domestic and foreign products.
Label Expiry
Label expiration authorization is valid for between three and twelve months, not exceeding the duration of the health registration. Once this period expires, a new authorization must be requested, and labels that may cause confusion or pose a health risk to the consumer are not allowed to be exhausted.
Issuance and Cancellation of Health Authorizations
Health authorizations may not be issued or may be canceled for various reasons, such as:
- Failure to meet technical and legal requirements.
- Identification of significant risks to public health.
- Submission of false or incomplete documentation during the application process.
graciela.cruz@garciabodan.com
Partner
García & Bodán
Honduras