Sustainability and Food Safety
- Piva Advogados

- Jun 26, 2024
- 3 min read
This month, when we celebrate World Food Safety Day on June 7, it is essential to reflect on the intersection between health, the environment and food safety from a legal perspective. Ensuring that everyone has access to safe and nutritious food is a complex challenge that involves legal, regulatory and tax aspects. Below, we explore how legislation can support the maintenance of a clean and well-kept environment, which is crucial for food security.
The relationship between health, the environment and food safety
Food safety refers to the conditions and practices that preserve food quality. These actions prevent contamination and food-borne illnesses. The health and well-being of people, animals and the environment depend on access to safe food - only with it can we make the most of the nutritional value and benefits of a safe meal.
Cross-contamination and improper storage
Various forms of contamination can compromise food safety, such as cross-contamination and improper storage. Legislation must establish strict standards for the handling, storage and transportation of food, ensuring that inadequate practices are identified and corrected. The legal implications are far-reaching, as failure to follow these standards can result in severe penalties and legal proceedings.
For individuals with food allergies, cross-contamination can have serious consequences, including legal ones. Failure to comply with food safety standards can lead to legal action for damage to consumers' health. Food companies must be aware of these responsibilities and take all necessary precautions to avoid litigation.
Brazil and Food Safety
Although Brazil is a country rich in biodiversity and agricultural potential, it faces significant food safety challenges. Inadequate infrastructure and a lack of effective enforcement policies compromise food quality.
Tax incentives for investments in adequate infrastructure, such as storage facilities and quality control equipment, can significantly improve food safety. In addition, taxing products that do not meet safety standards can serve as a disincentive for poor practices.
The implementation of strict public policies and efficient enforcement are essential. Tax and regulatory authorities must work together to ensure that food safety laws are complied with. Severe penalties for infractions can be an effective tool to ensure compliance.
Actions to Promote Change
Although transformation will not happen overnight, some actions can be implemented to initiate this essential change:
Education and Training: Promote training on the importance of hygiene and safe food handling and storage practices, including for the legal operators who deal with these issues.
Investment in Infrastructure: Encourage investment through tax breaks and other incentive measures.
Public Policies and Enforcement: Develop and implement rigorous food safety policies, with effective enforcement to ensure compliance.
Public Awareness: Raise public awareness of the importance of food safety and hygienic practices, encouraging conscious and safe consumption.
Brazilian regulations
Some of the regulations established by the Ministry of Health and Anvisa for the food sector are:
Ordinance No. 326/1997 of the Ministry of Health: Establishes technical requirements for the production, distribution and handling of food, addressing personal hygiene, facility conditions, pest control and labeling.
ANVISA Resolution No. 216/2004: Defines good practice guidelines for food services, covering hygiene, physical structure, qualification of handlers, cleaning of utensils and equipment, food temperature control, among others.
We all have a role to play, from farm to fork, to ensure that the food we eat is safe and does not harm our health. The celebration of World Food Safety Day reminds us of the importance of a clean and well-kept environment in ensuring everyone's health and well-being. By taking care of our spaces, we are protecting our health and contributing to the sustainability of the planet.
The intersection between health, the environment and food safety is a powerful reminder that all of us as a society, including legal professionals, have a role to play in building a safer and more sustainable future. Let's value and promote debates, demonstrations and improve practices that keep our environments clean and our food safe. After all, food safety starts with a clean and well-kept place.
By Sabrina Chabab Piva





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