Wine Law

3 beverages in order to warn and minimize the damage that they cause to the integral health of the human being, prioritizing the protection of minors. It also limits its sale to those establishments authorized by the municipalities. These premises must place in a visible place the following inscriptions "FORBIDDEN THE SALE OF ALCOHOLIC BEVERAGES TO UNDER 18 AGE". “IF YOU HAVE INGESTED ALCOHOLIC BEVERAGES, DO NOT DRIVE. It has in the establishments to place a label in a space of no less than 10% of the total area of the packaging or wrapping with the consequent phrase "TO DRINK EXCESS ALCOHOLIC BEVERAGES IS HARMFUL". In relation to propaganda, when it is audio visual the same phrase will be played for a space of 3 seconds and if it is radio at the end of the announcement that phrase will be expressed. In this regard, there is an administrative jurisprudence issued by the Peruvian consumer defense body: National Institute for the Defense of Competition and Property Protection (INDECOPI), which illustrates the zeal of the authority in protecting the consumption of alcoholic beverages and sanctions the organizer of the event "Expovino Wong 2013" on wine promotion that lasted three days for infringement of the law, the sanction was for not complying with what the law No. 28681, which provides the obligation to record in advertising the phrase "DRINKING ALCOHOLIC BEVERAGES IN EXCESS OF HARMFUL", since although it spread propaganda through flyers, these were restricted in scope (150 flyers in a three-day event). The administrative procedure in the first instance applied a monetary fine of 1.5 UIT, but later on appeal the Chamber (Superior body), resolved only a reprimand, in relation to this, a sanction with an objective approach is lifted, since it is not necessary to know if there is fraud or that there is obvious damage, there is simply a potential damage that in this case, is to the people attending the event without any distinction. According to the State body, the dissemination of the notice is minimal or minuscule and insufficient, therefore, it would give rise to some people being able to access excessive consumption of wine with the consequent damage to collective health. This was applied to the Wong chain company organizing the event, but it can also apply to all natural or legal persons, irregular companies, autonomous estates or other entities, under public or private law, whether state or non-state, with or without purposes of profit, that offer or demand goods or services or whose associates, affiliates or union members carry out economic activity in the market and even irregular companies, noting the wide extension of the norm in the desire to protect health.

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