Mexico City, October 18 2024.
The Agreement establishing the general guidelines for the preparation, distribution, and sale of prepared, processed, and bulk foods and beverages, as well as the promotion of healthy eating habits within all schools of the National Education System, was published in the Official Gazette of the Federation on September 30, 2024. This regulation will become mandatory 180 calendar days after it comes into force.
The Agreement mainly includes the following:
- Schools must promote access to fresh fruits and vegetables, seeds, whole grains, and drinking water for consumption or minimally processed alternatives.
If fresh vegetables and fruits are unavailable, they may be replaced with frozen or dehydrated versions, provided they do not contain added sugars, fats, sodium, sweeteners, or other additives.
- The sale, distribution, and advertising of unhealthy pre-packaged foods and beverages with warning labels or front-of-pack legends are prohibited, as is the sale of bulk or homemade foods and beverages with high sugar, fat, sodium, or refined flour content.
In this regard, the Agreement categorically states that foods or beverages containing the warning labels and legends included in the front-of-pack labeling system will not be allowed to prepare various dishes.
- Promote culinary traditions, especially those that include natural, regional, and seasonal ingredients, ensuring their preparation involves low fat, salt, and/or sugar content.
- The regulation specifies the responsibility of educational authorities in implementing, monitoring, sanctioning, and ensuring compliance.
- Nutritional and hygiene criteria are established to regulate the preparation, distribution, and sale of prepared, processed, and bulk foods and beverages to ensure a proper diet in schools at all levels of basic, secondary, and higher education and vocational training institutions, both public and private, within the National Education System.
While the Agreement aims to promote healthy lifestyles within educational institutions, it also imposes certain absolute prohibitions that, in various cases, have been declared unconstitutional by the Supreme Court of Justice of the Nation, as they represent a totalitarian regression rather than a progressive implementation of rights through effective public policies for the benefit of the community.
It should be noted that processed products are considered legal, and their absolute prohibition for sale or commercialization could contradict and infringe on the fundamental rights of various parties, such as:
- Producers, distributors, and marketers of food and beverages.
- Educational institutions, their staff, and students.
- Concessionaires of educational institutions.
In this regard, our firm is available to address any matters or queries related to this topic.
Sincerely,
Diana Rangel
César Augusto Reyes
Daniela Pineda
dpineda@basham.com.mx
