General Law on Food Fortification
Congreso Nacional
- Decree: 234-2010
- Published: January 27, 2011
- Issuing body: Congreso Nacional
- Gazette: 32,427
- Category: Health
Summary
This law requires food companies to add nutrients (vitamins and minerals) to basic products like salt, sugar, and flour to combat nutritional deficiencies in the Honduran population. The Health Secretariat oversees compliance and penalizes non-compliance with fines of 10 to 50 minimum wages.
Considerations
Whereas studies on nutrition and food consumption carried out by specialized national and international technical institutions, approved by the Ministry of State in the Office of Health, have demonstrated that the Honduran population in general suffers from micronutrient deficiencies that can largely be prevented or avoided through the fortification of certain foods used as vehicles for the transport of nutrients.
Whereas it is the duty of the State to protect the health and well-being of the inhabitants, taking measures that tend toward their defense and improvement.
Whereas at present, the regulations regarding food fortification are specific to salt with iodine, sugar with vitamin A, and wheat flour with iron and B-complex vitamins with little or no flexibility.
Whereas it is necessary to establish a general regulatory framework for the fortification of foods in order to promote greater agility and flexibility for the regulator to responsibly make the adjustments that economic, commercial, legal, and social circumstances require. The fortification of foods in the national market is declared to be of public interest, in accordance with the regulations established in this Law.
Articles
SUBJECTS TO THIS LAW AND MODALITIES. All natural or juridical persons that produce, import, package or commercialize food products in Honduras shall be subject to this Law. Food fortification shall be mandatory for basic consumption products according to the regulations that emanate from this Law. However, any natural or juridical person shall be subject to the provisions of this Law if they decide to fortify voluntarily. CHAPTER II ADMINISTRATIVE ORGANIZATION FOR THE APPLICATION OF THIS LAW
ADMINISTRATIVE ORGANIZATION. For purposes of complying with this law, the following administrative hierarchy and organizational structure is established:
OF THE REGULATORY BODY. It shall be the responsibility of the regulatory body:
- 1)
To comply with and enforce this Law and its Regulations;
- 2)
To review, update, apply and monitor compliance with legal and technical norms and resolutions of the Superior Authority;
- 3)
To execute the fortification component within the National Micronutrients Plan;
- 4)
To develop public policies defined by the Superior Authority;
- 5)
To authorize the entry of fortified foods from abroad and the inputs for fortification, in accordance with established Norms and Regulations;
- 6)
To maintain an updated registry of national and imported products subject to this Law and of the authorizations granted;
- 7)
To systematize national and international information regarding food fortification;
- 8)
To guarantee that consumers correctly receive information on the quality and quantity of fortified foods available in the market;
- 9)
To submit quarterly, annual and specific reports to the Superior Authority;
- 10)
To apply the sanctions established in this Law;
- 11)
To prepare its Budget and Annual Operating Plan and submit it for approval of the superior authority for it in turn to include it in the Budget Project of the Secretariat of State in the Office of Health; and,
- 12)
The other provisions established in this Law and its Regulation of Application.
INTER-INSTITUTIONAL COOPERATION. Public and private institutions are obligated to collaborate and coordinate with the health authority in order to comply with this Law and other applicable provisions.
OF THE SUPERIOR AUTHORITY. It shall be the responsibility of the superior authority:
- 1)
To comply with and enforce this Law and its Regulation;
- 2)
To issue the legal and technical norms necessary for compliance with this Law;
- 3)
To prepare the Draft Law of the National Micronutrients Plan that includes the food fortification component and to formulate reform proposals;
- 4)
To define public policies regarding food fortification;
- 5)
To hear administrative claims presented against the acts issued by the governing and executing bodies referred to in this Law;
- 6)
To receive quarterly reports from the executing body;
- 7)
To enter into agreements aimed at compliance with this Law;
- 8)
To listen to and request the opinion of the Consultative Council of Micronutrients;
- 9)
To issue a glossary of technical terms related to the application of this Law; and,
- 10)
The other provisions established in this Law and its Regulation of Application. The Regulation of Application of the Law shall develop this matter. ARTICLE 12. BUDGET. The Secretariat of State in the Office of Health shall include annually in its Budget Project the necessary resources for compliance with this Law.
OF THE GOVERNING BODY OF NUTRITION. It shall be the responsibility of the governing body of nutrition:
- 1)
To recommend to the Superior Authority the updating of the list of foods subject to fortification by the subjects of this Law;
- 2)
To make technical recommendations to determine the needs and correct measures of food fortification in Honduras, which it shall present to the Superior Authority; and,
- 3)
To evaluate with the support of National and International Technical Cooperation the efficiency and effectiveness of compliance with this Law and its Regulations, as well as its impact on the population.
REVIEW OF LEGISLATION ON THE MATTER AND EXTENSION OF THE VALIDITY OF THE SAME. The Executing Body, within ninety (90) days from the effective date of this Law, shall have completed a review of the Laws, Regulations, Decrees, Agreements and Resolutions related to the matter, with the purpose of proposing to the Superior Authority the legal and administrative actions conducive to generating the complementary legal framework for this Law. The regulations in effect prior to the entry into force of this Law shall continue to be applied supplementarily and to the extent that they do not conflict with what is established in this Law, until the Regulation of Application of the same enters into force.
ADMINISTRATIVE PROCEDURE REGIME. The actions of the administrative organization shall be governed by the Administrative Procedure Law. ARTICLE 14. REGULATION. This Law shall be regulated by the Secretariat of State in the Office of Health, within ninety (90) days from the effective date of this Law.
CONSULTATIVE COUNCIL OF MICRONUTRIENTS. The Consultative Council of Micronutrients is hereby created, whose purpose shall be to serve as a forum regarding food fortification and to advise the Secretariat of State in the Office of Health, in matters of Micronutrients. The organization, composition and functioning of this Consultative Council shall be regulated in a Special Regulation to be issued for this purpose by the Secretariat of State in the Office of Health.
EFFECTIVE DATE. This Law shall enter into force one day after its publication in the Official Gazette.
TAX INCENTIVES. The import, rate and additional tariffs for equipment, accessories, spare parts and inputs that are necessary for food fortification in the territory of this Law shall be exempt from the payment of taxes.
SANCTIONS. The Executing Body shall apply to natural or juridical persons who violate the provisions of this Law, a pecuniary penalty equivalent to a minimum of ten (10) and a maximum of fifty (50) minimum wages at the highest value. The Regulatory Body shall determine the specific amount of the fine in accordance with the volume of profits obtained from the sale or commercialization of the product, the harm caused to the population and recidivism. The applicable procedural guarantees shall be respected in the application of fines. In case of continued recidivism, the Superior Authority shall take the necessary steps to document and refer the proceedings to the General Prosecutor's Office of the Republic and the Public Ministry, so that the corresponding civil and criminal liability may be imposed. The Regulation of Application of the Law shall develop this matter.
Related laws
- General Law on Food Fortification — This law requires companies that produce or import food in Honduras to add vitamins and minerals (such as iron, iodine, and vitamin A) to basic products like salt, sugar, and flour to improve the population's nutrition. The Ministry of Health oversees compliance and penalizes non-compliance. (Decree 234-2010)
- Reglamento No. 0263-ARSA-2025 — Reglamento Técnico Hondureño de Harina de Maíz Nixtamalizado para Consumo Humano (Decree 0263-ARSA-2025, 2026)
- Resolución No. 138-2005 — Concesión de Licencia de Distribuidor No exclusiva a TURICENTRO VENECIA, S. DE R.L DE C.V. para distribuir productos TEXACO CARIBBEAN INC. (Decree 138-2005, 2005)
- Agreement 0632-ARSA-2023 — This law approves the Regulation for Sanitary Control of Foods and Beverages in Honduras. It establishes mandatory standards that must be followed by manufacturers, distributors, transporters, and food sellers to protect public health through sanitary licenses, registrations, inspections, and good hygiene practices. (Decree 0632-ARSA-2023, 2023)
- Acuerdo Ejecutivo No. 002-2017 — Aprobación Reglamento Especial de Seguridad y Salud Ocupacional en la Actividad Minera de Honduras — This regulation establishes mandatory occupational safety and health standards for all mining activities in Honduras. INHGEOMIN monitors that mining companies comply with protections against physical, chemical, and biological hazards, provide workers with appropriate equipment, maintain emergency shelters, and conduct regular drills to prevent accidents and deaths in mines. (Decree 002-2017, 2018)