News on viche regulation

JANUARY 24, 2024 UPDATE

The regulation has been released, recognizing the cultural, ancestral, and economic wealth of Viche for the Pacific territories, allowing producers to begin the path of commercialization Read here the resolution!

JANUARY 11TH · ANALYSIS OF THE VICHE RESOLUTION DRAFT

This document aims to analyze the content of the resolution published by the Ministry of Health on January 5, 2024.

through which sanitary requirements are established for the production and commercialization of Viche/Biche and other provisions are issued..

First and foremost, it is important to note two facts. First, that Viche has never been illegal, not even before the Viche Law of 2021. It is an ancestral cultural expression of the Black communities inhabiting the Colombian Pacific region that should never have been persecuted in these territories. What the regulation seeks to do is to explain how to proceed with the commercialization of Viche in any establishment in the national market, and soon, internationally. Not in the territory. Furthermore, the resolution reminds us:

“According to the provisions of the second paragraph of Article 9 of Law 2158 of 2021, the production of Viche/Biche and its derivatives made for the personal consumption of Black, Afro-Colombian communities, within the framework of their customs, worldview, and ancestral rights, is exempt from the obligation of health registration.”

Secondly, it is worth noting that we are more than a year behind schedule since this resolution should have been published. The process has been slower than expected, and the regulation of derivatives such as Curado or Tomaseca has not yet begun. Therefore, a call to action for the institutions to step up and accelerate the complete regulation of viche! 

TITLE I. GENERAL PROVISIONS AND DEFINITIONS. 

This first title is important for several points. 

Firstly, it defines what viche is::

Colombian distilled alcoholic beverage, made from native sugarcane from the Pacific region, through alcoholic fermentation of the juice, extracted through non-industrial grinding and distillation systems, with organoleptic characteristics unique to the sugarcane of this region, without suspended particles, sediments, or subsequent aging and hydration, exclusively produced by members of ancestral communities, located in the municipalities or districts of the departments of Chocó, Cauca, Nariño, and Valle del Cauca with viche vocation. 

Secondly, it is communicated that to grant the sanitary registration to viche, INVIMA creates a new category, the Ethnic Artisanal (LAE) , which in practice means that a viche complying with all regulations must have the INVIMA LAE nomenclature on its label, along with its corresponding sanitary registration number. So, keep an eye out for viche with that seal! 

Finally, the document reminds us that viche is an alcoholic beverage, and any doubts someone may have regarding this matter are better addressed by reading Decree 1686 of 2012 and Decree 162 of 2021, which establish the technical regulations for alcoholic beverages in Colombia in general.

TITLE II. TECHNICAL CONTENT. 

This is the bulk of the document, it consists of three chapters. 

The first chapter, Sanitary Requirements, states that the production and packaging of viche must comply with certain practices detailed in the resolution. Furthermore, it makes it clear that for a viche to obtain sanitary registration, it must meet certain physicochemical requirements outlined in Technical Annex I at the end of the document.

The second chapter, which covers Permitted and Prohibited Practices for the Elaboration of Viche/Biche and its Stages, does an excellent job of succinctly and clearly explaining how viche is made and what is and isn't allowed in the process. It's made very clear here that this is a truly artisanal product, not industrial, and that not only is this respected, but it's mandated to be this way to be labeled as viche. No honey, sugars, or panela; no industrial yeast or chemical substances; no flavorings or colorants; no hydration; nothing that doesn't belong to the ancestry of viche!

The third chapter, and perhaps the most relevant for obtaining the sanitary registration that all producers will have to implement, if they haven't already, is titled Hygienic-Sanitary Conditions of the Production Units. Here you'll find all the details on how the location, design, and construction of the production unit should be; on water supply, disposal of liquid and solid waste, and sanitary facilities; on equipment, utensils, and records; on training, hygiene practices, and packaging; even on transportation and quality assurance. All in a very technical language that at first glance may seem like the requirements of any other industrial alcoholic beverage, but if you pay attention to the details, you realize that the context and reality of the Colombian Pacific were indeed taken into account. There's talk of potable and non-potable water, of physical delineations like bamboo or mesh with materials typical of the region instead of concrete walls, of clean clothing instead of uniforms of specific materials or colors, of tanks and materials that are already part of the viche production process. Yes, there will be changes and complex requirements for the communities, such as the need to label everything, to keep written records in a place where oral tradition prevails, or in the acquisition of equipment like alcoholometers or thermometers that traditionally aren't used in the territories.

However, the resolution includes two additional paragraphs worth mentioning, which will become fundamentally relevant as the new regulations come into effect. Paragraph 11 of Article 11 states:

The Municipalities, the National Learning Service (SENA), will provide support in consolidating training programs for Viche/Biche producers. Likewise, the Ministry of Agriculture and Rural Development, the Ministry of Culture through the School Workshop Program, and the Ministry of Equality or their equivalents will promote complementary training processes, in accordance with the provisions of the Law.The Paragraph 4 of Article 20 reminds that, , in accordance with Law 2158 of 2021, Article 4, the National Government and other competent entities will promote and support Viche/Biche producers through advice, accompaniment, financing, promotion, marketing, strategies, and other relevant actions.

Will it be? 

The fourth chapter on Labeling is very clear and does not bring any special points to mention. 

Chapter five on Sanitary Registration is complex and one of the most important. Here, the bureaucratic process that master producers will have to follow for the effective obtaining of the sanitary registration that will allow them to commercialize their product throughout the country is explained. In principle, the process is not cumbersome and seems sensible. Additionally, paragraph two of Article 33 establishes that 

Producers and packagers of viche who market outside their territories will have a maximum period of five (5) years from the publication of this regulation to obtain a favorable sanitary concept or a favorable concept with requirements for the production unit by INVIMA, according to the guidelines defined by this entity, without prejudice to the surveillance and control actions that are carried out..

We have two concerns:

• Getting the sanitary registration for viche is something new for everyone, especially for the Colombian state apparatus. And it needs to function effectively to actually comply with what is stipulated in this resolution. Will the Ministry of Culture have the people and resources to characterize all Viche Masters from the Pacific and issue the necessary documents to accredit them as producers to apply for sanitary registration? Will INVIMA perform physicochemical tests on viches promptly for all those who request it for free? Will the SIC have the capacity to expedite the registration processes for viche brands, which for other products currently take more than a year? Will the Municipalities and Governorates allocate substantial funds from their budgets to make viche regulation a reality? 

• When a viche master obtains their sanitary registration, their viche can be commercialized without restrictions outside of their territory. But what happens before that? And what will happen with derivatives like Curao or Tomaseca? This document states that INVIMA will continue to exercise its inspection, surveillance, and control functions as usual. This means that there will be seizure and confiscation of viche in bars, restaurants, gastro bars, etc, if they do not have sanitary registration. In other words, nothing will change for a good while! The Viche Law allows viche and its derivatives to be commercialized at cultural promotion events such as the Petronio Álvarez Festival. Ideally, bars, restaurants, and gastro bars should be able to commercialize viche and its derivatives from characterized producers during the next five years, even if they do not have sanitary registration. All stakeholders need to adapt to this new regulation, and it won't be easy. Therefore, we should use this document to make life easier for everyone, at least for the next five years.

Note: La Vichería is a social enterprise born with the mission of valorizing viche, bridging the gap between its producers and consumers.