Post by messi05 on Jan 24, 2024 7:55:27 GMT
State legislation cannot impose rules that restrict the market for companies from other federal entities. This is what the Federal Supreme Court understood, this Thursday (3/8), when it declared unconstitutional provisions of a Rio de Janeiro standard that established rules for information on packaging and labels of food sold in the state. Carlos Moura/SCO/STF Gilmar Mendes assessed that Rio de Janeiro's law placed disproportionate restrictions on companies from other states. Carlos Moura/SCO/STF Law 1,939/1991 determined that all products must not only describe ingredients and calories but also indicate preservatives, colorings and flavorings and the form of sterilization used in the packaging.
The text was questioned in 1992 and, in Buy Phone Number List practice, had provisions without effect since then, with an injunction from the Plenary. For the Attorney General's Office, author of the action, the requirement for data beyond that provided for in federal legislation would harm interstate commerce, as many companies based outside of Rio de Janeiro would have difficulty complying with the conditions and would end up harming consumers in Rio de Janeiro themselves. The PGR also stated that it was the exclusive competence of the Union to legislate on interstate commerce (article 22, item VIII, Federal Constitution). This Wednesday, 25 years later, the majority of ministers understood that, when there is competing competence, free space for state legislative activity is only authorized when the topic is not regulated by national legislation.
“State action in matters of competing legislation would be valid to the extent that it benefits its federative unit, but does not cause disproportionate restrictions to other entities”, assessed the rapporteur, minister Gilmar Mendes. He considered it evident that food products sold in Rio de Janeiro are not only produced in its territory, but also in other regions of Brazil and abroad. Thus, he highlighted that a single package cannot have a label containing national information and another label with specific data required by a specific entity of the federation. The rapporteur said that requirements of this type would have repercussions both interstate and internationally. “Brazil is integrated into Mercosur, which requires sharing in the area of food. There is complementarity between the countries, as is the case with the European Union,” he said. Of the four conditions imposed in the Rio de Janeiro law, Gilmar voted to maintain the obligation for companies to indicate all the ingredients and types of substances that the product contains.
The text was questioned in 1992 and, in Buy Phone Number List practice, had provisions without effect since then, with an injunction from the Plenary. For the Attorney General's Office, author of the action, the requirement for data beyond that provided for in federal legislation would harm interstate commerce, as many companies based outside of Rio de Janeiro would have difficulty complying with the conditions and would end up harming consumers in Rio de Janeiro themselves. The PGR also stated that it was the exclusive competence of the Union to legislate on interstate commerce (article 22, item VIII, Federal Constitution). This Wednesday, 25 years later, the majority of ministers understood that, when there is competing competence, free space for state legislative activity is only authorized when the topic is not regulated by national legislation.
“State action in matters of competing legislation would be valid to the extent that it benefits its federative unit, but does not cause disproportionate restrictions to other entities”, assessed the rapporteur, minister Gilmar Mendes. He considered it evident that food products sold in Rio de Janeiro are not only produced in its territory, but also in other regions of Brazil and abroad. Thus, he highlighted that a single package cannot have a label containing national information and another label with specific data required by a specific entity of the federation. The rapporteur said that requirements of this type would have repercussions both interstate and internationally. “Brazil is integrated into Mercosur, which requires sharing in the area of food. There is complementarity between the countries, as is the case with the European Union,” he said. Of the four conditions imposed in the Rio de Janeiro law, Gilmar voted to maintain the obligation for companies to indicate all the ingredients and types of substances that the product contains.