VI. CRITICAL ANALYSIS AND REGULATORY CHALLENGES Regulatory Complexity and Its Impact on Gastronomic Operations The legal framework regulating Argentina’s gastronomic sector is characterized by its high degree of normative complexity, resulting from the overlapping of national, provincial, and local laws. This multiplicity of legal sources generates, in practice, legal uncertainty, administrative overload, and higher compliance costs. Many gastronomic ventures, particularly small and medium-sized ones are overburdened when attempting to comply simultaneously with requirements related to hygiene and safety, environmental management, accessibility, taxation, and labor conditions. As a result, not only is entry into the formal market difficult, but investment and innovation are also discouraged. Case Analysis of Regulatory Conflicts An illustrative example of regulatory conflict is the tension between national laws that promote food waste reduction (Law 27.454 and Law 25.989) and local hygiene control regulations that impose strict conditions on food donation. This issue has also been highlighted by UN Tourism.22 Some establishments, fearing sanctions for donating food nearing its expiration date, choose to discard it instead of donating. Another example arises with the licensing of “dark kitchens,” which legally operate under the delivery model but do not meet traditional building code requirements for commercial kitchens. These cases clearly demonstrate the need to adapt and harmonize regulations to accommodate new forms of food production and consumption. Proposals for Regulatory Improvement and Administrative Simplification To support the development of the gastronomic sector, it is essential to move toward a process of regulatory simplification and harmonization. Notable proposals include: • The creation of digital one-stop platforms that integrate licensing, inspection, and monitoring procedures into a single, accessible interface. • The review and update of building and licensing codes to include new gastronomic formats such as food trucks and virtual kitchens. 22 ONU Turismo (2024) Hoja de ruta mundial para la reducción del desperdicio de alimentos en el sector turístico, Madrid, España. 697 LEGAL FRAMEWORK OF GASTRONOMY IN ARGENTINA
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