The Third Constitutional Court of the Superior Court of Justice of Lima declared the precautionary measure presented by the company inadmissible Glory so you can use powdered milk in making evaporated milk.
The company requested to provisionally use the input, thus allowing it to “use the aforementioned denomination for the commercial identification of the product.”
Likewise, Glory It required that the effects of Supreme Decree 004-2022-Midagri, which modified the Regulation of Milk and Dairy Products, and in which the addition of powdered milk to evaporated milk was prohibited, be provisionally suspended.
The company argued, according to what is read in the document that you can find herewhich were affecting their rights to equality and non-discrimination in “economic matters, freedom of enterprise, to enjoy a regulation that respects the principles of normative hierarchy, proportionality and reasonableness.”
With the decision of the Court, Glory will have to abide by the change to the regulation, which comes into force on October 4.
RESPONSE
The company Glory announced that it is adopting the corresponding adaptation measures and that in April it filed an amparo action that will be heard by the Judiciary in November.
Likewise, it considered that the changes to the regulations are anti-technical, arbitrary and contrary to “the Constitution and the rights that it guarantees.”
“This modification to the regulation seeks to change the technical parameters for the production of evaporated milk without scientific evidence to the detriment of its nutritional level; and, in addition, it suspends the application of the sanitary obligations related to the microbiological contamination of raw milk, to the detriment of the health and quality requirements that said product must always meet, ”said the dairy company.
Regarding the precautionary measure, the company indicated that it is being reviewed by the Superior Court of Justice of Lima after an appeal they made.
