HOW TO LEGALIZE YOUR BEER IN BRAZIL
If you are a foreign company with plans to launch a beer product in Brazil, there are a few things you need to know. Deciding whether or not you want to open a company in the country is one of primary issues to consider.
To set up a company in Brazil you will need to consider to get licenses from different authorities. If you want to set up a distributor agreement, you do need to pay attention in some specific requirements to protect your business (such as trademark, supply chain, etc).
Compliance with Market Regulation
The Brazilian regulation of beer attributes to the Ministry of Agriculture - MAPA for enforcement, regulate, control and inspect beer product. In addition, the Sanitary Surveillance Agency has power for regulate labeling beverages and inspect the product in the consumer market.
The main federal law regulation are 8.918/94, 13.001/14, Decree-Law 986/69,
What does the Beer Brazilian legislation say?
“Beer” it is a beverage obtained by the alcoholic fermentation of brewer's wort from malting barley and drinking water by yeast, with the addition of hops (Dec. 6.871/09, art 36, paragraphs 4 and 8);
“Malt” is the product obtained by the germination and drying of barley and the malt of other cereals shall be given the name of the cereal of origin (Dec. 6.871/09, art 36, paragraph 4 and 8);
“Malt Extract” is the result of the dehydration of the malt must to the solid state, or pasty, and, when reconstituted, present thee properties of the malt(Dec. 6.871/09, art 36, paragraph 4 and 8”);
“Brewer's adjuncts” are considered to be brewing barley and other cereals suitable for human consumption, malted or unmalted, as well as starches and sugars of vegetable origin.
Laws and regulations must be carefully observed, as they are complex and bureaucratic to legalize a beer product in the Brazilian market.
It is necessary to pay attention to the Ministry of Agriculture regulation (since it is a drink product) but not only. The Sanitary Surveillance Agency, ANVISA regulates as well the beer product specially commercialization the product on the market, advertisement, labelling, etc.
In addition, Brazil has a strong consumer rights system that requires careful attention to how the product will be marketed in the country.
Once the company has decided to have a presence in Brazil, the first step is to choose the business model (set up a local company in Brazil, forming a joint venture or alliance, or stablishing distributorship).
Company stablishing a local office in Brazil need to consider the timeframe to get all permits for the company (Ministry of Agriculture, Anvisa, local sanitary inspectors, etc) before go forward with the product legalization.
It is recommended an initial market research to get a clear idea of the size of the business as well the location to start its operation. Sometimes buying an existing company can be interesting.
Once in Brazil you need
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