Decree-Law No. 7,841, dated August 8, 1945, represents a fundamental regulatory milestone for the mineral water sector in Brazil. This code establishes criteria and guidelines for the classification, exploration, and commercialization of mineral and potable table waters, shaping the industry since then.
Classification and Characteristics
The decree defines mineral waters as those originating from natural or artificially captured sources, which possess physicochemical characteristics distinct from common waters and confer medicinal action.
The law establishes composition and property criteria to classify waters as mineral, attributing medicinal action to them. Waters that do not meet the classification limits but have proven medicinal action may also be classified as mineral, subject to observations and approval by a specialized committee.
Potable table waters are defined as waters of normal composition, originating from natural or artificially captured sources, that meet the potability requirements of the region.
Exploration and Research
The decree establishes that the commercial exploration of mineral or table water sources, both on public and private lands, must follow the regime of research and mining authorizations, as per the Mining Code.
Mineral water research is regulated by the Mining Code, with special provisions. Research is understood as the work necessary to determine the economic and therapeutic value of the source, including geological studies, chemical, physicochemical, and bacteriological analyses.
Mining and Utilization
The mining of mineral water sources is regulated by the Mining Code, with specific provisions. Mining comprises the activities of capturing, conducting, distributing, and utilizing the waters.
The decree details the requirements for requesting mining, including water analysis certificates and plans indicating the situation of the sources.
Source Protection
The decree allows the creation of a protection perimeter around regularly exploited mineral water sources, subject to modifications if new circumstances require it.
Within this perimeter, no underground activity may be carried out without prior authorization. The decree also addresses the issue of compensation to landowners affected by the protection of the sources.
Hydromineral Resorts and Companies
The decree establishes minimum requirements for the installation and operation of hydromineral resorts, including crenotherapeutic facilities, hotels or sanatoriums with hygienic facilities, and a contract with specialized physicians.
Companies that exploit potable table water or bottle mineral waters must meet specific requirements, such as the existence of a laboratory and equipment for sterilizing containers.
Inspection and Commerce
The inspection of mineral water exploitation is carried out by the National Mining Agency (ANM). The decree establishes that commercial exploitation of water is only permitted after analysis by the ANM and issuance of the mining authorization decree. The decree prohibits the commercial exploitation of sources subject to the influence of surface waters and pollution.
The decree also addresses the commerce of mineral waters, requiring periodic analyses and prohibiting the use of designations that may cause confusion to the consumer.
It also establishes the creation of a standard label for bottled waters, with information such as the name of the source, nature of the water, location, date, and number of the concession.
Decree-Law No. 7,841/45 established a comprehensive legal framework for the exploration and commercialization of mineral waters in Brazil. Although some of its provisions have been repealed or updated over time, the decree remains an important reference for the sector.
