Peru’s Ministry of Health has published a draft regulatory proposal that would significantly update the country’s sanitary rules for materials and packaging intended to come into contact with food and beverages, opening the door to a broader range of packaging materials while introducing clearer safety controls.
The proposal, issued through Ministerial Resolution No. 388-2026-MINSA, orders the publication of a draft Supreme Decree for public consultation. The draft would amend Article 119 of the existing Regulation on Sanitary Surveillance and Control of Foods and Beverages, approved by Supreme Decree No. 007-98-SA.
At the centre of the proposal is a change to how Peru regulates food-contact materials. The current framework has been considered too narrow, as it mainly refers to recycled PET and does not fully reflect the variety of materials now used in the food and beverage packaging market. The draft therefore proposes to expand the list of materials and packaging that may be used in contact with food, including plastics, recycled plastics, paper, cardboard, cellulosic materials, glass, ceramics, metals, alloys, varnishes, lacquers, enamels, adhesives, coatings, inks, and other materials that may later be authorised by the Ministry of Health.
The proposal is partly driven by food safety concerns. The supporting text refers to risks associated with unsuitable packaging materials, including the possible migration of substances into food. It specifically discusses concerns linked to heavy metals, bisphenol A, PFAS and other chemical contaminants that may affect consumer health if not properly controlled. The draft therefore seeks to strengthen sanitary oversight of packaging and ensure that materials used for food and beverage containers meet appropriate safety standards.
The draft also introduces a clearer legal basis for sanitary authorisations related to food-contact materials and packaging. These authorisations would be issued by the Ministry of Health, and the requirements would be established by MINSA. This would give the health authority a more explicit role in defining technical and sanitary criteria for materials and containers used by the food and beverage industry.
A notable provision is the proposed prohibition on reusing packaging that has previously been used to contain products other than food or beverages for human consumption. This appears intended to prevent contamination from containers that may have previously held chemicals, agrochemicals, cleaning products, or other non-food substances. At the same time, the draft allows the use of returnable containers in beverage manufacturing processes, provided that their safety is guaranteed and the manufacturer remains responsible.
The proposal also has a strong environmental and economic dimension. The Ministry argues that Peru needs a modern regulatory framework that supports the use of recycled materials and encourages investment in recycling technologies, while still maintaining food safety protections. The supporting analysis links the measure to circular economy objectives, waste reduction, lower dependence on imported virgin raw materials, and the development of local recycling value chains.
The draft text also reflects international alignment. The document compares Peru’s current approach with regulatory developments in Argentina, Chile, Colombia, Brazil and Mercosur, noting that several neighbouring markets already regulate a wider range of food-contact materials and recycled packaging. It also refers to international standards, including approaches followed by the European Union and the United States Food and Drug Administration, especially where Peru has not yet approved its own specific technical regulation.
For businesses, the change could be significant. Food manufacturers, beverage companies, packaging producers, importers and recyclers may gain more flexibility to use different materials, including recycled plastics and other recycled materials, provided they comply with sanitary requirements. However, they may also face new documentation, authorisation, traceability and testing expectations once the final technical requirements are defined.
The resolution instructs the relevant government office to publish the draft decree and receive comments, suggestions and contributions from interested parties. The consultation period is set at 90 calendar days from publication, the 16th of July 2026. After that, DIGESA is expected to receive, process and consolidate comments before preparing the final version of the Supreme Decree.
In practical terms, the proposal marks a shift in Peru’s food packaging regulation from a limited, material-specific approach toward a broader sanitary framework for food-contact materials. If adopted, it would modernise the country’s rules, support the use of recycled packaging, and bring Peru closer to regional and international regulatory practices, while placing stronger emphasis on preventing contamination and protecting public health.
