Competition asks to better justify the prohibition of certain foods in school cafeterias

The National Markets and Competition Commission (CNMC) has analyzed the draft royal decree to promote healthy and sustainable eating in public and private educational centers.

Specifically, the new standard establishes minimum quality criteria nutritional and sustainability for the procurement of food and beverages in school canteens, vending machines and school cafeterias, in addition to the prohibition of some products with a high content of added sugars. The CNMC recognizes that there are objectives of public interestsuch as protecting public health and, especially, that of children, which may justify certain limitations on economic operators.

Objective measurement system and a product-based approach

However, he insists that these restrictions dThey must comply with the principles of good regulation established in the current legal framework. In this sense, the CNMC makes several observations. Regarding the “promotion of the acquisition of local products” it is recommended to use a product based approach (and not on who produces or markets it) and its short distribution cycle. These criteria must be based on objective measurement systems. Furthermore, it is suggested to analyze what type of contractual requirements (such as technical specifications or execution conditions) can minimize possible negative effects on competition.

Regarding the “ban on the sale of foods and beverages with high content of sugars», the norm, says the National Commission of Markets and Competition, must better justify why the ban only affects added sugarsdemonstrating its alignment with the principles of good regulation and basing it on clearly founded reasons of general interest.

The CNMC has already spoken on previous occasions about food and childhood: in reports on the regulation of commercial communications of food and beverages aimed at children or in the most recent report on the draft law on the prevention of alcohol consumption. and its effects on minors.