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The Mayor of Belo Horizonte, in accordance with his statutory duties and the provisions of Bill 8.617 (July 17, 2003), decrees:

Article 1 – The Food Bank of Belo Horizonte is a program dedicated to food supply and food security that is managed by the Municipal Secretariat for Food Supply (SMAB/SMASAN) and housed within its premises and in public facilities.

Article 2 – The objectives of the Food Bank of Belo Horizonte are:

I – collect foods that are unlikely to be sold in the market, but amenable to safe consumption, from farmers, commercial and industrial establishments, and other communities, and distribute them to socially vulnerable groups of the population;

II – ensure that the health safety of all food distributed is graded and certified by the secretariat’s own authorities or through partnerships with qualified companies and laboratories;

III – encourage research and debates on issues related to food security and public policies aimed at eradicating hunger;

IV – promote the continuous exchange of experiences with national and international entities engaged in similar programs;

V – develop training courses aimed at disseminating methods for mitigating risk and waste in partnership with donor and beneficiary entities;

VI – monitor the allocation and use of distributed foodstuffs.

Article 3 – According to the criteria defined by the Food and Nutrition Security Municipal Council of Belo Horizonte (Conselho Municipal de Segurança Alimentar e Nutricional de Belo Horizonte, COMUSAN-BH), the Food Bank can only receive donations in food or in equipment that contribute directly to its operations and intended for the sole use of the program, and may not receive donations in cash under any circumstance.

Article 4 – The administrative organs of the Food Bank of Belo Horizonte are:

I – the Food and Nutrition Security Municipal Council of Belo Horizonte (Conselho Municipal de Segurança Alimentar e Nutricional de Belo Horizonte, COMUSAN-BH);

II – the Municipal Secretariat for Food Supply Policy (Secretaria Municipal de Política de Abastecimento, SMAB);

III – the Technical Coordination team led by a legally qualified and technically skilled manager.

Article 5 – In the framework of the Food Bank of Belo Horizonte, it is incumbent on the COMUSAN-BH :

I – to orient the program’s funding and service objectives;

II – to evaluate the establishment of agreements and partnerships;

III – to assess the program’s performance and suggest changes;

IV – to support the Technical Coordination team and serve to draw permanent funding from new donors to the program;

V – to set the program’s service priorities and criteria for the registration of beneficiaries.

Article 6 – In the framework of the Food Bank of Belo Horizonte, it is incumbent on SMAB/SMASAN:

I – to provide the technical, administrative, and operational staff necessary for the deployment of program activities;

II – to appoint a Technical Coordination team for the Food Bank of Belo Horizonte;

III – to ensure the infrastructure and material resources necessary for the operation of the program;

IV – to support the training activities developed by the Technical Coordination team;

V – to support the dissemination and clarification of the program in the media and the public.

Article 7 – In the framework of the Food Bank of Belo Horizonte, it is incumbent on the Technical Coordination team:

I – to meet the goals set by COMUSAN-BH;

II – to serve permanently as a warehouse for food donations;

III – to assume the responsibility of collecting donations from donor institutions;

IV – to select, restore, stock, and distribute collected food products to beneficiaries;

V – to promote evaluation visits to entities that apply as donors;

VI – to promote periodic evaluation visits to monitor and evaluate the beneficiary entities, advising them on food utilization;

VII – to develop communication tools that allow companies to learn about the goals of the program and promote the donation of foodstuffs;

VIII – to organize courses, lectures, seminars, and workshops drawing on themes relating to food security, new waste control technologies, and food utilization.

Article 8 – For the development of its activities and to achieve its objectives, the Food Bank of Belo Horizonte may sign agreements and partnerships with public and private agencies.

Sole Paragraph – Food that is transported or handled by convened organisations or agencies must be processed, prepared, and packaged within the facilities of the program.

Article 9 – The Bill shall come into effect on the date of its publication.

 The Mayor of Belo Horizonte, in exercise of its statutory duties and considering the need to:

1 – facilitating the access of low-income populations to basic foods, and

2 – create marketing alternatives to low prices in many neighborhoods and city districts, decrees:

Art. 1 – It created the “People’s Basket” project, aimed at marketing basic food products and other basic necessities to Belo Horizonte’s population.

Art. 2 – The sale will be made directly by the Secretariat for Municipal Supply, which transfers the products to retail to be made available for low- income families to purchase price.

1 – The marketing will be done on mobile, simple or upgraded units, according to the standards set by the Municipal Supply.

2 – The furniture, equipment and materials necessary to implement the project are the utensils of municipal property or public or private entities that establish a partnership with the City.

3 – The places of residence, hours runs and other matters relating to the operation of the Project will be determined by the Municipal Supply.

Art. 3 – The genres that will be marketed in Cestão People will be purchased in compliance with the current legislation on procurement and government contracts.

Art. 4 – This Decree shall enter into force on the date of its publication, revoking any contrary provisions.

The Mayor of Belo Horizonte, in exercise of its statutory duties, and considering the need to:

1 – facilitating the access of low-income populations to basic foods;

2 – create alternative marketing at low prices in many neighborhoods and city districts, decrees:

Art. 1 – The creation of the ” Workers Convoy” programme, to be carried out by the private sector, previously accredited by the city of Belo Horizonte, through public bidding.

Sole Paragraph – The selection criteria will be defined in the bidding terms and should focus on:

a) the best return to the consumers through lower retail margin trading;

b) ability and competence;

c) effectiveness;

d) savings and ease in implementation, maintenance and operation of equipment and products;

e) undertaking to abide by the rules established for the exercise of the activity.

Art. 2 – The instrument of accreditation will be allowed in personal and nontransferable character, and always on a temporary basis.

1 – If the grantee is disinterested in continuing this permission or the permission will be canceled by the City of Belo Horizonte, a new bidding process will be opened.

2. – Upon the accreditation of the permit holder will be required to sign the terms of use permit, whose elaboration observe current legislation.

Art. 3 – The activities of the “Workers Convoy” programme will be carried out in simple mobile units, according to the model provided by the accrediting agency.

Sole Paragraph: The vehicles, equipment and utensils shall be pre-approved by competent authorities.

Art. 4 – The places of residence of the convoy will be defined by the Secretariat for Municipal Supply of Belo Horizonte.

Art. 5 – A notice will additionally deal with the methodology of price formation to be practiced by retail licensees, the public monthly price to be paid by them for the special use of municipal public property, as established by Decree No. 7214 of 6.5.92.

Article 6 -., Shall apply and where applicable, the standards set for street trading in Laws 2279/79, 3213/80, 3679/83 and 89/49.

Art. 1 – the “Straight from the Field” programme, which aims at direct marketing between consumers and farmers and their associated forms, avoiding intermediaries and middlemen, is hereby institutionalized

1 – The Programme “Straight from the Field” is an alternative for small farmers and rural associations to sell their products, allowing fairer prices.

2 – The programme aims to encourage the formation of associations of small farmers, rationalizing and organizing the production and marketing of products.

Art. 2 – The programme will enable the consumption of horticultural products or artisanal manually produced products throughout the year as well as products in harvest season, acquired below market prices, enabling a change in the dietary habits of the population of Belo Horizonte.

Art. 3 – Being configured and characterized as small and medium scale rural producer, as well as cooperative associations or as union of rural producers, anyone interested may join the programme, meeting the standards must be and adequacy requirements stipulated by the management of the programme, now the Municipal Secretariat for Supply.

Art. 4 –The normative regulation of the Project “Straight from the Field,” to be prepared by SMAB within thirty days from the date of this Decree, shall be adopted by the Municipal Secretariat for Supply – SMAB/ SMASAN.

Art. 5 – This Decree shall enter into force on the date of its publication, revoking any contrary provisions.

The Mayor of Belo Horizonte, in exercise of its statutory duties, declares:

Art. 1 – the “School and Community Gardens” programme, which aims to stimulate the formation of garden  in municipal schools, and community or home spaces for families who demonstrably have incomes up to two minimum wages, through the cultivation of vegetables, legumes and medicinal plants, assisting in feeding this population segment, as well as  increasing the family income through the surplus, as instituted.

Art. 2 – The programme aims to provide a community organization, through discussion and sharing of everyday experiences from the garden.

Single Paragraph – The programme aims to provide guidance on techniques that allow planning, monitoring and analysis of processes involving the production and marketing as well as recycling, encouraging the reuse of disposable objects in the process of production.

Art. 3 – This Decree shall enter into force on the date of its publication, revoking any contrary provisions.

The Mayor of Belo Horizonte, in exercise of its statutory duties, declares:

Art. 1 – The programme “Pro-Orchard” as instituted, which aims to provide guidance to the population about the benefits from the consumption of fruits and providing alimentary support to citizens of low income through the distribution of free fruit tree seedlings.

Art. 2 – the green areas in the city will be increased, contributing to the quality of life of Belo Horizonte.

Sole Paragraph – This initiative will be made possible by encouraging the formation of orchards, preferably in public spaces (municipal schools, community support centers, health centers, etc.) and community spaces (kindergartens, hospitals, nursing homes, etc.) through a plan of the fruit species compatible with the urban space of Belo Horizonte.

Art. 3 – This Decree shall enter into force on the date of its publication, revoking any contrary provisions.

Law No.11.346, 2006: regulates the National Food and Nutrition Security System that aims at guaranteeing the human right to adequate food and nutrition, defined as “the realization of everyone’s right to regular and permanent access to enough food of good quality without compromising access to other basic necessities, and based on food practices that promote health, respect cultural diversity, and are environmentally, culturally, economically, and socially sustainable” and takes other measures. [Portuguese]

THE PRESIDENT OF THE REPUBLIC:

I declare that the National Congress decrees and I sanction the following Law:

CHAPTER 1 – GENERAL DISPOSITIONS

Art. 1. This Law establishes the definitions, principles, guidelines, objectives, and composition of the National Food and Nutritional Security System – SISAN, through which the government, together with the organized participation of the civil society, shall formulate and implement policies, plans, programs, and actions which seek to guarantee the human right to adequate food.

Art. 2. Adequate food is a basic human right, inherent to human dignity and indispensable to the realization of the rights established by the Federal Constitution. The government shall adopt the policies and actions needed to promote and guarantee food and nutritional security for the population.

1. The adoption of these policies and actions shall take into account environmental, cultural, economic, regional, and social dimensions.

2. The government shall respect, protect, promote, provide, inform, monitor, supervise, and evaluate the realization of the human right to adequate food, as well as guarantee the mechanisms for its eligibility.

Art. 3. Food and nutritional security consists in the realization of the human right to regular and permanent access to good quality food, in sufficient quantity, without compromising the fulfilment other basic needs, having as its basis healthy nutritional habits that respect cultural diversity and that are environmentally, culturally, economically and socially sustainable.

Art. 4. Food and nutritional security comprises:

1. Expansion of access to food through its production, particularly via family and traditional farming, food processing, industrialization and commercialization, including international agreements; better food supply and distribution, including of water; job creation and redistribution of wealth;

2. The conservation of biodiversity and the sustainable use of resources;

3. The promotion of health, food, and nutrition for the population, including specific population groups and those more socially vulnerable;

4. The guarantee of the biological, sanitary, nutritional, and technological qualities of the food, as well as its good use, which stimulates healthy food practices and lifestyles that respect the ethnic and racial diversity of the population;

5. The production of knowledge and the access to information; and

6. The implementation of public policies and sustainable and participatory strategies of food production, commercialization and consumption, respecting the diverse cultural characteristics of the country.

Art. 5. The realization of the human right to adequate food and the attainment of food and nutritional security require respect for sovereignty, which confers to countries primacy in their decisions regarding the production and consumption of food products.

Art. 6. The Brazilian State shall make an effort to promote technical cooperation with foreign countries, thus contributing to the realization of the human right to adequate food worldwide.

CHAPTER II – ON THE NATIONAL FOOD AND SECURITY SYSTEM

Art. 7. The realization of the human right to adequate food and the attainment of food and nutritional security will be made possible through SISAN, constituted by agencies and entities of the Federal Union, states, the Federal District and of municipalities, and private institutions, profitable or not, related to food and nutritional security and interested in integrating the System, provided that the applicable legislation is respected.

1. The participation in SISAN to which this article refers shall obey the principles and guidelines of the System and will be defined based on the criteria established by the National Council for Food and Nutritional Security – CONSEA – and by the Inter-Ministerial Chamber for Food and Nutritional Security, to be created by the Federal Executive Power.

2. The agencies which are responsible for the definition of the criteria to which § 1 refers may establish distinct and particular requirements for the private and public sectors.

3. The private or public agencies and entities which are part of SISAN shall work in an interdependent manner, but their autonomy to make decisions shall be preserved.

4. The obligation of the State does not exclude the responsibility of those entities of the civil society that are part of SISAN.

Art. 8. SISAN shall be ruled by the following principles:

1. Universality and equity in the access to adequate food, without any kind of discrimination;

2. The preservation of autonomy and respect for the dignity of all;

3. Social participation in the formulation, execution, examination, monitoring, and control of the policies and plans on food and nutritional security in all spheres ofthe Government; and

4. Transparency in the programs, actions, and public and private resources, and in the criteria for their concession.

Art. 9. SISAN is based on the following guidelines:

1. Promotion of the inter-sectorality of policies, programs, and governmental and non-governmental actions;

2. Decentralization of actions and articulation, under cooperation, among the spheres of the government;

3. Monitoring of the food and nutrition condition of the population, seeking to subsidize the management cycle of policies for the area in the different spheres of the government;

4. Conjunction of immediate and direct measures which guarantee access to adequate food, through actions that improve the resources and means of autonomous subsistence of the population;

5. Articulation between budget and management; and

6. Encouragement of research development and training of human resources.

Art. 10. SISAN seeks to formulate and implement policies and plans on food and nutritional security, motivate the integration of efforts between the government and civil society, as well as promote the examination, monitoring, and evaluation of food and nutritional security in the country.

Art. 11. SISAN is composed by:

1. The National Conference for Food and Nutritional Security, responsible for the recommendation to CONSEA of the guidelines and priorities of the National Policy and Plan on Food and Nutritional Security, as well as for the evaluation of SISAN;

2. CONSEA, which responsible for the immediate advising of the President of the Republic, is in charge of:

a) Arranging for the convocation of the National Conference for Food and Nutritional Security, periodically, not more than four years apart, as well as defining the parameters of its composition, organization, and operation, based on its own regulation;

b) Suggesting to the Federal Executive Power, in view of the deliberations of the National Conference for Food and Nutritional Security, the guidelines and priorities of the Nation Policy and Plan on Food and Nutritional Security, including the budgetary requirements for its execution.

c) Articulating, examining, and monitoring, in collaboration with other members of the System, the implementation and convergence of actions which are inherent to the National Policy and Plan on Food and Nutritional Security;

d) Defining, in collaboration with the Inter-Ministerial Chamber for Food and Nutritional Security, the criteria and procedures of integration into SISAN;

e) Instituting permanent mechanisms of articulation with related agencies and entities of food and nutritional security in the States, the Federal District, and municipalities, seeking to promote dialogue and the convergence of the actions which integrate SISAN;

f) Mobilizing and supporting entities of civil society in the discussion and implementation of public actions for food and nutritional security;

3. The Inter-Ministerial Chamber for Food and Nutritional Security, composed by Ministers of State and Special Secretaries who are responsible for the portfolios related to the attainment of food and nutritional security, has the following responsibilities, among others:

a) To elaborate, in view of the guidelines from CONSEA, the National Policy and Plan on Food and Nutritional Security, suggesting the guidelines, goals, basis of resources and tools to examine, monitor, and evaluate its implementation;

b) To coordinate the execution of the Policy and of the Plan;

c) To articulate the policies and plans of their related state agencies as well as those of the Federal District;

4. Agencies and entities of food and nutritional security of the Federal Union, states, Federal District, and municipalities;

5. Private institutions, profitable or not, which are interested in integrating the System and respect the criteria, principles, and guidelines of SISAN.

1. The National Conference for Food and Nutritional Security will be preceded by state, district, and municipal conferences, which shall be summoned and organized by related agencies and entities in the states, Federal District, and municipalities, from which the delegates to the National Conference will be chosen.

2. CONSEA shall be composed based on the following criteria:

– (one third) of governmental representatives constituted by Ministers of State and Special Secretaries responsible for the portfolios related to the attainment of food and nutritional security;

– (two thirds) of civil society representatives chosen based on appointment criteria approved at the National Conference for Food and Nutritional Security; and

– Observers, including representatives of allied Federal Councils, international bodies, and of the Federal Public Ministry.

3. CONSEA shall be presided by one of its members, a civil society representative, appointed by collegiate jury, according to regulations, and chosen by the President of the Republic.

4. The performance of advisers, and permanent and substitute members of CONSEA shall be considered of relevant public interest and non-remunerated service.

CHAPTER III – FINAL AND TRANSITORY DISPOSITIONS

Art. 12. The current designations of members of CONSEA with their respective mandates remain.

Single paragraph – CONSEA shall, in the mandate of its current members, define when the next National Conference for Food and Nutritional Security will be held, the composition of its delegates, as well as the procedures for their appointment, according to § 2 of Art. 11 of this Law.

Art. 13. This Law shall come into effect as of the date of its publication.