Gastronomy Law

• The implementation of risk-based and progressive inspection models, prioritizing guidance over punishment in cases of minor infractions. • Improved coordination among national, provincial, and municipal levels to ensure regulatory coherence and avoid duplication. • The promotion of training and technical assistance programs for gastronomic entrepreneurs, particularly in areas such as food safety, environmental management, and consumer protection. These measures would not only reduce informality and regulatory costs but also promote a fairer, more competitive, and more sustainable gastronomic ecosystem aligned with contemporary development challenges. The current regulatory framework that governs gastronomic businesses in Argentina presents multiple strengths, but also significant challenges that hinder its effective implementation. The coexistence of national and local regulations often results in a complex legal landscape that requires a high degree of technical knowledge from business owners and managers. One of the main challenges lies in the multiplicity of agencies involved in the licensing, inspection, and oversight processes. This can lead to redundancies, bureaucratic delays, and a substantial administrative burden. For example, in the Autonomous City of Buenos Aires, the Governmental Control Agency (AGC), the Environmental Protection Agency (APRA), the Ministry of Health, and other bodies have overlapping jurisdictions that require effective coordination. Another problematic aspect is the lack of regulatory updates in response to new business models, such as the proliferation of “dark kitchens,” mobile apps for food sales, and delivery services. These innovations demand a more agile regulatory response that balances consumer protection with business competitiveness. Furthermore, many small gastronomic entrepreneurs face difficulties complying with accessibility or environmental regulations—not due to lack of will, but because of the financial costs associated with building upgrades or the treatment of special waste such as used cooking oils. This highlights the need for public policies that support compliance through financing, technical advice, and training. Finally, it is critical to note that uneven and arbitrary enforcement can affect market fairness. While some establishments undergo regular inspections, others may operate for extended periods without effective control, resulting in unfair competitive advantages and jeopardizing public health and labor rights. 698 GONZALO A. CASANOVA FERRO

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