New rules for health permit in the City of Rio de Janeiro

The Municipality of Rio de Janeiro published Complementary Law 197, on December 28, 2018, establishing the Health Surveillance Code, and the Decree 45,585 to rule it. The novelty brought changes, such as the Health Permit Fee (Taxa de Licenciamento Sanitário - “TLS”), which will be issued during the licensing process exclusively online at the Carioca Digital Portal (www.carioca.rio ), replacing the Health Inspection Fee (Taxa de Inspeção Sanitária - “TIS”).

This new format brought new health licensing modalities according to the respective graduation, in levels of inspection complexity and existing risks, increasing the amount of companies required to apply for the permit, which has required the attention of those who previously did not worried about the Health Surveillance Permit.

In order to the individuals and legal entities adequacy, a licensing schedule was created to obtain the new permits along 2019, according to the performed activities and their impact on health issues. Therefore, licensees should proceed with the annually revalidation of their license.

It is noteworthy that the annual revalidations should only attest to the maintenance of the original conditions that led to the granting of health permit or registration of establishment. The changes must be informed, at any time, to the local health agency, for registry updating.

Licensing modalities

Operations Health Permit (Licença Sanitária de Funcionamento - “LSF”)

It is issued for establishments under the health surveillance or interest in the zoonosis surveillance, valid until April 30 of each year. This permit covers all and any product, consumption goods, as well as production activity or service rendering that presents a risk for human health, individual and collective, for the potential damage caused, that causes or may cause in the following areas :

Food trade

Food industries governed by Anvisa

Pharmaceutical trading

Health assistance services, including ambulances

Health-related activities

Transport companies and their vehicles and the independent transport of food and pharmaceutical products

Day-care centers, orphanages, preschools, schools, educational establishments and alike

Circuses and amusement parks with permanent operation, water parks, theme parks and alike

Houses of shows and concert halls, entertainment services, party houses, presentation halls, theaters, cinemas and alike

Clubs, swimming pools, saunas, thermal baths and alike

The capture services, supply, transportation, and distribution of water

Collection, removal, management and transportation of special waste services, immunization services and control of urban vectors and pests and alike

Hotels, motels, hostels, accommodations and alike

Shopping malls, shopping centers, commercial or mixed and alike

The stadiums, arenas, courts and multi-sports gyms

Road, subway, waterway, and railway stations

Laundry services, industrial and hospital laundry

Hawkers, pedlars, and other activity with no fixed place.

Health Permit for Related Activities (Licença Sanitária de Atividades Relacionadas - “LSAR”)

It is issued to health surveillance establishments, valid until April 30 of each year, covering all legal entities performing the following activities:

Industry

Trade

Services Provision.

Health Permit for Transitional Activities (Licença Sanitária de Atividades Transitórias - “LSAT”)

It is issued with a maximum validity of 180 days to:

Individual or legal entity, for each activity subject to health surveillance performed in events held in public or private area

Event organizer

Hawkers, vehicles and other activities not located provided in events in public area

Legal entity responsible for construction, renovation, addition, demolition, installation, modification, assembly, or disassembly of buildings, structures, equipment, and installations executed by legal entities

Legal entity responsible for the production of food or provision of meals for the collective feeding of workers, in kitchens or dining rooms installed in construction sites and legal entity that provides health services at events.

Register of Establishment of Agricultural Production (REPA)

Issued by voluntary adhesion, valid until April 30 of each year, comprehending establishments that perform the local trade of:

Animal products, edible or not and that require health certification and registration of the commercialized products

Vegetable products, edible or not, and that require health certification and registration of the commercialized products.

Provisional Health Authorization (Autorização Sanitária Provisória - “ASP”)

Issued on a precarious and non-extendable basis until April 30 of each year, for establishments governed by health surveillance, but with pending issues related to obtaining a Permit or authorization from the Municipal Treasury Department and possessing the following characteristics:

Fixed furniture or equipment located in a public area (kiosks), intended for the preparation or trading of fast foods, snacks or beverages for immediate consumption. Special vehicle, pulled or towed, intended to preparation or trading of fast foods, snacks, or beverages for immediate consumption, such as a food truck and food bike. Non pulled vehicles and equipment parked or fixed in public areas, intended to preparation or trading of fast food, snacks or beverages for immediate consumption. Activities performed inside residences, as a back-up for the storage, production, pre-preparation and preservation of food.

Schedule of the first permit

Rio de Janeiro City Hall, through the Subsecretariat of Health Surveillance, Health Inspection and Control of Zoonoses (SUBVISA), announced a schedule for first health permit. Check the dates:

Deadlines for the Application of the First Permit

Groups of Establishments	Licensing types	Deadline
Legal entities Activities Governed by Health Surveillance; Activities of Interest of the Zoonoses Surveillance	LSF	04/30/2019*
Individuals (self-employed) Activities Governed by Health Surveillance; Activities of Interest of the Zoonoses Surveillance.	LSF	05/30/2019
Transitional Activities Companies responsible for places where execute works in buildings, structures, equipment and installation and the kitchens and/or cafeterias installed in these places, for the workers’ collective feedingp>	LSAT	6/30/2019
Special vehicles, tows or trailers and the places where these products are previously conditioned or manipulated; patient transporters vehicles, food, beverages, bottled water or not; any other vehicle intended for the carriage of goods or provision of services of interest to health.	LSF	7/30/2019
Activities performed or referenced inside residences; Hawkers, pedlars, and other activities not located; activities under health surveillance that has no permit	LSF	8/30/2019
Activities Related to Extractive Industries; Industries of Transformation; Provision of Services (Legal Entity); Wholesale; Trade Retailer; Services subject to ICMS; Auxiliary and Complementary Activities	LSAR	10/30/2019

(*) Previously, the established term was 04/30/2019, but it was an extended - Decree 45.910, of 04/30/2019 - Local Official Gazette Rio de Janeiro (“DOM”), of 05/02/2019.