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Selling kitchenware and food contact articles in Brazil

In Brazil, packaging and equipment that touch food follow ANVISA's RDC 91/2001: positive lists of permitted substances, migration limits and good manufacturing practice, with specific rules for each material. Household food equipment is exempt from ANVISA regularisation. Metal pots and pans and pressure cookers also need INMETRO certification and registration before sale.

Updated · Each section links to the official source it comes from

Food contact regulator
ANVISA
General criteria
RDC 91/2001, with material-specific rules
Household food equipment
Exempt from ANVISA regularisation (IN 281/2024, Annex IV)
Food packaging
Communication to the local health authority (IN 281/2024, Annex III)
Metal cookware
INMETRO Portaria 499/2021: certification and registration
Pressure cookers
In scope up to 30 litres

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Which materials touch food, and are their components on the positive lists? Read more
  2. 2Is there evidence the article meets the migration limits? Read more
  3. 3Is it food packaging, or household food equipment exempt from regularisation? Read more
  4. 4Is it metal cookware in the scope of Portaria 499/2021? Read more
  5. 5Is the cookware certified and registered with INMETRO, with the seal shown online? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Food contact materials

The general criteria for packaging and equipment that touch food.

  • RDC 91/2001 applies to packaging and equipment in direct contact with food during production, processing, storage, distribution, sale and consumption; equipment includes containers, utensils and similar articles.
  • They are made under good manufacturing practice so that, in normal or foreseeable use, they do not pass components into food in amounts that exceed the migration limits, endanger health or change the food's composition or sensory characteristics unacceptably.
  • Components must be on the positive lists of substances authorised for food contact, meet purity criteria, and meet the overall migration limit and any specific migration limits.
  • Recognised materials include plastics (with varnishes and coatings), regenerated cellulose, elastomers and rubber, glass, metals and alloys, wood and cork, textiles and paraffin waxes; each is subject to specific regulations.
  • Breaches are health infractions under Law 6.437/1977 (Article 2).

How we help: Compliant Always keeps your suppliers' migration test reports and declarations with each article, dated, and shows which are missing or out of date. Ask about this

Regularisation

Whether a food contact article is put on record with the health authorities before sale.

  • Food equipment, including equipment for household use ("inclusive os de uso doméstico"), is exempt from regularisation (IN 281/2024, Annex IV).
  • Food packaging (embalagens para alimentos) is regularised by communication of the start of manufacture or import to the state, Federal District or municipal health authority (Annex III).
  • Recycled PET resin and articles (PET-PCR) are notified to ANVISA (Annex II).

How we help: Compliant Always records the regularisation route for each article and keeps the communication or notification with it. Ask about this

Metal cookware

INMETRO's safety rules for pots, pans, bakeware and pressure cookers.

  • Portaria 499/2021 sets technical requirements and conformity assessment for metal cookware, focused on safe use and preventing consumer accidents, including construction, components, coatings, volume, markings and instructions (INMETRO FAQ).
  • It covers oven ware up to 75 cm, stovetop pots up to 17 litres, stovetop pans up to 40 cm, and pressure cookers up to 30 litres; silicone, electric-only and disposable articles, and articles only for hotels, camping or industry, are excluded.
  • Sale requires INMETRO registration, for which certification is a condition.
  • Shops, physical or online, offer consumers only registered products and keep markings, instructions, warnings and packaging intact.
  • Imported metal cookware is under non-automatic import licensing, with INMETRO consent under Portaria 137/2022.
  • In online sales, the seal information is visible on each page offering the product (Portaria 178/2022).

How we help: Compliant Always keeps the certificate and INMETRO registration with each cookware model, and reads your listings for the seal information. Ask about this

Consumer information

Information duties that apply to articles sold to consumers.

  • Products carry correct, clear, precise and prominent information in Portuguese on characteristics, composition, origin and risks to health and safety (Consumer Defence Code, Article 31).
  • For industrial products, the manufacturer provides the safety information in printed material that comes with the product (Article 8 §1).

How we help: Compliant Always reads your pack text and instructions against these duties and keeps them with each article. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ManufacturerMaterials on the positive lists, migration limits, GMP, and INMETRO certification for cookware.Migration reports, declarations and certificates kept with each article.
ImporterConforming articles, INMETRO consent for cookware imports, and Portuguese information.The supplier's reports read and dated before the goods ship.
Material supplierComponents and their compliance with the positive lists.Declarations collected once and shown to each customer that asks.
RetailerSelling only registered cookware and keeping markings intact.Questionnaires answered from the record of each article.

States and municipalities

Under the Consumer Defence Code, the federal government, the states and the Federal District make concurrent rules on production, distribution and consumption, and together with the municipalities they oversee and control production, distribution and advertising (Article 55).

Health surveillance is shared: state, Federal District and municipal health authorities license food establishments and receive the communication of start of manufacture for many foods, and INMETRO's delegated state bodies (IPEMs) inspect regulated and pre-packaged products on the market.

Questions businesses ask

Which ANVISA rule covers food contact materials?
RDC 91/2001 sets the general criteria for packaging and equipment in contact with food, with specific regulations for each material.
Do food contact materials need to be on a positive list in Brazil?
Yes. Components must be on the positive lists of substances authorised for food contact, meet purity criteria and meet migration limits (RDC 91/2001).
Do I need to register household kitchenware with ANVISA?
No. Food equipment, including equipment for household use, is exempt from ANVISA regularisation (IN 281/2024, Annex IV). It still has to meet the food contact rules.
Does food packaging need regularisation in Brazil?
Food packaging is regularised by communication of the start of manufacture or import to the state or municipal health authority (IN 281/2024, Annex III). Recycled PET is notified to ANVISA.
Do metal pots and pans need INMETRO certification?
Yes, those in the scope of Portaria 499/2021. Sale requires INMETRO registration, and certification is a condition for it.
Which cookware is covered by Portaria 499/2021?
Oven ware up to 75 cm, stovetop pots up to 17 litres, stovetop pans up to 40 cm and pressure cookers up to 30 litres. Silicone, electric-only and disposable items are excluded.
Are silicone or electric pans covered by INMETRO's cookware rule?
No. Silicone pans and exclusively electric pans are excluded from Portaria 499/2021.
Does importing cookware need INMETRO consent?
Yes. Imported metal cookware in scope is under non-automatic import licensing, with INMETRO consent under Portaria 137/2022.
Which materials have food contact rules in Brazil?
RDC 91/2001 recognises plastics, regenerated cellulose, elastomers and rubber, glass, metals and alloys, wood and cork, textiles and paraffin waxes, each subject to specific regulations.
What must shops do when selling cookware?
Offer consumers only INMETRO-registered products and keep markings, instructions, warnings and packaging intact, in physical and online shops.
How does Compliant Always help with selling in Brazil?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Brazil and what your paperwork needs to show.

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