Decree 3863 of 2008
Decree 3863 of 2008
Decree 3863 of 2008
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.
DECREE NUMBER
and. _____FROM 2008
By which Decree 3249 of 2006 is modified and other provisions are issued
DECREES:
ARTICLE 31.- Modify article 3 of Decree 3249 of 2006, which will remain as follows:
"ARTICLE 3.-REQUIREMENTS. The requirements for the manufacture and marketing of dietary
supplements are as follows:
1. That the product does not comply with the definitions established in current health
legislation3 for foods, medicines, phytotherapeutic products or pharmaceutical
preparations based on natural resources and alcoholic beverages.
2. The maximum permitted amount of vitamins, minerals and trace elements for these
products per daily consumption will be the maximum tolerable consumption levels (UL)
indicated in Annex 1, which forms an integral part of this decree.
3. They may not contain within ingredients, i, substances that represent risks to health,
such as: hormones, pesticide residues, i, antibiotics, >, veterinary medications, >, heavy
metals, among others.Likewise, narcotic substances may not be included, psychotropics
that generate dependence.
4. Ingredients established by the following reference entities3 will be accepted: Food and
Drugs Administration (FDA); ; Codex Alimentarius;>; European Food Safety Authority
(EFSA), Colombian Institute of Family Welfare (ICBF) and their respective updates.
5. Those ingredients, additives or substances for which there are quality and safety alerts
will not be accepted.
6. Plant mixtures may be made as long as each ingredient is approved 3 by the entities 3
referred to in numeral 4 of this article and has a proven nutritional value.
7. Those products3 that contain1 as unique active ingredients, those established in the
pharmacological standards as vitamin supplements, will not be accepted as dietary
supplements.
ARTICLE 2.- Modify article 7 of Decree 3249 of 2006, which will read like this:
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
Plants located in the national territory dedicated exclusively to the manufacture of dietary
supplements must comply with the provisions indicated in Annex 2 of this decree (Good
Manufacturing Practices - GMP, in food plants or factories that manufacture, condition or
semi-process into dietary supplements).
For the purposes of the procedure for obtaining the Good Manufacturing Practices
Certificate, the provisions established in articles 1, 2, 5, 6, 7, 8 and 9 of Decree 549 of
2001 or a standard that modifies, adds or replaces it will apply.
While the Ministry of Social Protection issues the corresponding Good Manufacturing
Practices Inspection Guide, the interested party may be certified in accordance with the
provisions of Article 1 of Decree 549 of 2001 or a rule that modifies, adds or substitutes it,
except for the presentation of the completed self-assessment guide.
For plants located in the national territory that manufacture dietary supplements in plants
where medicines are manufactured, the Certificate of Good Manufacturing Practices for
medicines, issued by the National Institute for Drug and Food Surveillance, INVIMA, will
be accepted.
Prior to obtaining the health registration, the interested party in the manufacture of dietary
supplements in plants that produce medicines or phytotherapeutic products must process
an authorization to manufacture these products in said plants with the National Institute of
Medicines and Foods, INVIMA, for which they must attach the respective cleaning
validation supports. Said authorization must be processed independently of obtaining the
Bu Certificate. enasManufacturing Practices-GMP. In special cases, if INVIMA considers it
relevant , you will be able to verify compliance with the cleaning validation processes
presented in the plant.
The requirement for presentation of cleaning validation media does not apply when the
establishment that carries out the preparation of medicines and phytotherapeutic products,
carries out only the secondary packaging of dietary supplements or, in fact, has areas and
equipment exclusively used for said manufacturing.
The manufacture of dietary supplements in areas certified for the production of medicines
or phytotherapeutic products must be carried out by campaign and with periodic
determination of traces to prevent the risk of cross-contamination, which will be verifiable
through production records.
The authorization for the manufacture of dietary supplements in laboratories that manufacture
medicines or phytotherapeutic products will be subject to the maintenance of the conditions under
which the Good Manufacturing Practices - GMP were granted, or when the hygienic, technical,
location and quality control conditions under which the production capacity was granted are
applied. Consequently, if, in the use of the powers of inspection, surveillance and control, the
competent health authority subsequently finds B that the Good Manufacturing Practices - GMP, or
the hygienic, technical, locative and quality control conditions - have been breached, it will
automatically proceed to the cancellation of the authorization granted for the manufacture. dietary
supplements, through administrative act.
3. Dietary supplements manufactured in plants located in the national territory where foods are
manufactured:
DECRETON NUMBER 3863 DE2008 SHEET°3
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
Plants located in the national territory dedicated to the production of foods that manufacture dietary
supplements must obtain the Certificate of Good Manufacturing Practices for Dietary Supplements
issued by the National Institute for Food and Drug Surveillance, INVIMA, in accordance with the
provisions of Annex 2, which is an integral part of this document. • decree (Good Manufacturing
Practice, i, GMP, in food plants or factories that manufacture, i, condition, or semi-process dietary
supplements)) and the standard that modifies, i, adds, or substitutes it.
The areas intended for food manufacturing that are to be shared for the production of dietary
supplements must obtain prior certification of Good Manufacturing Practices - GMP for dietary
supplements, the respective authorizations in accordance with the regulations in force for foods.
Yo
For the purposes of the procedure or obtaining, i, cOl[1 content, competence, i, validity and
extensions of the Certificate D of Good Manufacturing Practices, the provisions established in articles
1, 2, 5, 6, 7, 8 and 9 of Decree 549 of 2001 or the standard that is added, modified or replaced, will
be taken into account.
While the Ministry of Social Protection1 issues the corresponding Inspection Guide, the interested
party may be certified B in accordance with the provisions established in Article 1 of Decree 549 of
2001 or the rule that stipulates it, B, and modifies it . eBosubstitute, except for the presentation of
the self-assessment guide and diligence . gives.
II
4.Dietary supplementsImported to the country: I
4.1. Imported dietary supplements are manufactured in plants dedicated exclusively to the
manufacture of these products.OS. For dietary supplements manufactured in plants dedicated
exclusively to the production of these products, regardless of their designation in the country of
origin and that in Colombia they meet the characteristics to be classified as dietary supplements, the
Certificate of Good Manufacturing Practice or
its equivalent document issued by the author will be accepted.
competent health authority of the country of origin. If I do not have said document, a visit by the
National Institute will be required. I of Surveillance of Medicines and Foods,>, INVIMA, who will
issue the corresponding certification.B. (
When these are dietary supplements manufactured in plants that produce phytotherapeutic
products, the Certificate of Good Manufacturing Practices or the Certificate of Production Capacity
will be accepted, in accordance with the deadlines and conditions established in article 6 of Decree
2266 of 2004 modified by article 3 of Decree 3553 of 2004 or the standard that modifies it. ify, add,
or substitute.
ARTICLE 33.- Modify article 12 of Decree 3249 of 2006, which will read as follows:
"ARTICLE 12. PROCEDURE FOR OBTAINING THE HEALTH REGISTRATION. For the
purposes of obtaining the health registration of the products object of this decree, the interested
party must complete the following procedure:
1. Submit the application to the National Institute of Food and Drug Surveillance - INVIMA, with the
legal and technical documentation established in this decree.
2. If the product that is the subject of the application contains ingredients not included in the
reference list cited in Annex 3 that is an integral part of this decree: "References for substances
permitted in dietary supplements", the application for health registration will be denied, unless
the Specialized Chamber of Natural Products of the Reviewing Commission of the National
Institute of Medicines Surveillance and Food, i, INVIMA, or whoever takes his place, in
accordance with the procedure for ingredients, additives and substances not included in the
DECRETON NUMBER 3863 DE2008 SHEET°4
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
3. If the documentation is found to be incomplete, at the time of receipt, I, the proceeding will be in
accordance with what is established in articles 12 and 13 of the Contentious or Administrative
Code. 3.
4. With the information provided by the interested party, i, the National Institute of Surveillance of
Medicines and Foods, i, INVIMA, will process the results of the study of the documentation and
will deny or approve the health record, i, or communicate that it is necessary3 to provide
additional information. For this purpose, the Institute will have a period of fifteen (15) business
days.
6. Once the petitioner submits complete information, INVIMA will have fifteen (15)
business days to deny or approve the requested registration. INVIMA may visit the
production plant in order to verify the aspects it considers necessary and may take
samples for analysis and quality control.
In the event that the product contains any ingredient or additive whose presence cannot
be analyzed by the National Institute for Food and Drug Surveillance, INVIMA, the
manufacturer or importer will be required to provide a certificate of analysis of the
product issued by the health authority of the country of origin, a laboratory recognized
by it; likewise, the Institute may take samples for the respective analysis.
ARTICLE 4.- Modify article 21 of Decree 3249 of 2006, which will read as follows:
1. Name and/or brand of the product: A name or brand must be used that does not
mislead or deceive the consumer. These products cannot be labeled and/or labeled
as foods, medicines, phytotherapeutic products, or as pharmaceutical preparations
based on natural products or alcoholic beverages.
2. Legends: They must include the following:
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
indicate that they contain this dye and include the legend: "MAY CAUSE
HYPERSENSITIVITY."
\1)')1।
DECREETONUMBER 3863 DE2008 SHEET°6
Continuation of Decree by which Decree 3249 of 2006 is modified and others are
11
issued
provisions"
h) Dietary supplements containing aspartame must include the legend: "THE
CONSUMPTION OF THIS PRODUCT IS NOT SUITABLE FOR PEOPLE WITH
PHENYLKETONURIA"; "
i) "DO NOT CONSUME DURING PREGNANCY AND LACTATION";
j) "Dietary supplement".
The legends referred to in letters a) and b) of this article must be displayed visibly, in
the Spanish language, in legible form, in the same size as the letter of the authorized
declaration, in capital letters and with a color that contrasts with the color of the
background of the label.
3. List of ingredients.
4. Nutritional Composition: Nutrients must be included with name and quantity per unit
of measurement and with percentage of the recommended daily value when
applicable and portion size and portions per container.
5. Name and address: The company name and address of the manufacturer must be
indicated. For imported products, in addition to the above, the company name and
address of the importer of the product must be specified.
6. Batch identification and expiration date.
7. Storage conditions.
8. Instructions for use: This is the recommended daily amount for the adult population
and recommendations for population groups when applicable.
9. Health Register.
10. Declarations, when applicable.
11. Warnings, when applicable. eleven
ARTICLE 5.- Modify article 22 of Decree 3249 of 2006, which will read as follows:
In any case, they must comply with what is established in article 20 of this decree."
ARTICLE 6.- Modify article 24 of Decree 3249 of 2006, which will read as follows:
PARAGRAPH.-In the labels and labels of containers and packaging and in the advertising
of dietary supplements, information that confuses,
ARTICLE 37.- DAILY REFERENCE VALUES3 AND MAXIMUM INTAKE LEVEL OF
VITAMINS,3, MINERALS AND TRACE ELEMENTS FOR DIETARY SUPPLEMENTS. For the
daily reference values and maximum intake level of vitamins, minerals and trace elements for
dietary supplements, the values contemplated in Annex 1, which forms an integral part of this
decree, are adopted.
Continuation of the decree) "By which Decree 3249 of 2006 is modified and other
provisions"
Substances not included in the references established in Annex 3 , which is an integral part of
this decree, will be considered new ingredients of dietary supplements.
For the evaluation3 of a new ingredient, additive or substance, I, the interested party3 must
support their request, attaching the following information:
SECOND PARAGRAPH.- The National Food and Drug Surveillance Institute, INVIMA, will
establish the guidelines for reclassification in a period of no less than six (6) months, from the entry
into force of this decree.
PARAGRAPH THREE.- Once the deadline established in paragraph 3 above has expired, the
establishments will have six (6) more months to exhaust the stock of products that meet the
conditions to be classified as dietary supplements that are on the market and that have been
granted health registration of foods, othotherapeutic medications. If after the deadline, there are
products on the market, INVIMA will order confiscation3 in accordance with the provisions3 of
Decree 3249 of 2006 or the rule that modifies, adds or replaces it, and will initiate the
corresponding sanctioning process.
PARAGRAPH-. The health and safety measures that apply to one of the brands will be extended to
all brands covered under the same health registry.
ARTICLE 312.- Modify article 52 of Decree 3249 of 2006 modified by article 1 of decree 4857 of
2007, which will remain as follows:
"Article 52. TRANSITIONAL. Productss that meet the conditions to be classified as dietary
supplements and that have been granted3 sanitary registration3 as foods, medicines or
phytotherapeutics without seriousness, must1 comply with the regulations in force, within forty-eight
(48) months following5 the date of entry into force of this decree. Failure to comply with this
deadline will result in the application of the measures. health, the maintenance of the health
record3 and the initiation of the sanctioning process in accordance with the provisions of Decree
3249 of 2006 or the rule that modifies it. add or substitute".
ARTICLE3 13.-VALIDITY. This decree is effective from the date of its publication, i, modifies, as
pertinent, Decree 3249 of 2006 and its Technical Annex 3 I No. 2 and repeals Technical Annex 3
No. 1 of Decree 3249 of 2006, Decree 4857 of 2007 and the regulations that are contrary.
DECREETONUMBER DE2008 SHEET°8
Continuation of the decree) "By which Decree 3249 of 2006 is modified and other
provisions"
2O&T200G
PUBLISH AND FULFILL
2 Uul LUUC
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Given in Bogotá, , DC
$ U/ — - /•
Continuation of the decree "By which Decree 3249 of 2006 is modified and others are issued
provisions"
APPENDIX
1.
Manganese3 Mg 2 11
Molybdenum Mcg 75 2000
Nickel 1 Mg NE 0.72 :
~ Pregnant women, I, do not consume dietary supplements containing Vitamin A, except with a
doctor's prescription. Maximum intake level for
DECRETON NUMBER- 3863 DE2008 SHEET°10
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued.
provisions"
people with a diet high in retinol, with calcium metabolism problems or bone diseases.
2. People with high alcohol intake, in contact with these or smokers, do not. They should
consume dietary supplements that contain Beta Carotene.
3. For dietary supplements with Vitamin K. Anticoagulated patients cannot consume dietary
supplements with Vitamin K. .
4. Although there are no known adverse effects from excessive intake of thiamine, it does not
mean that these are not present, therefore intake should be extremely careful.
5. The absorption of Vitamin B12 is limited, therefore ingesting high amounts does not represent
any benefit.
6. Consumption3 greater than 1600 mg of calcium can cause kidney stones, hypercalcemia,
alkali-alkali syndrome, and kidney failure.
7. The IU of phosphorus and magnesium apply only to consumption from dietary supplements.
8. Intake of potassium dietary supplements of 3700 mg/day can produce erosion at the
gastrointestinal level. Children, the elderly and patients with conditions such as: pre-existing
hyperkalemia , kidney disease, acidosis, insulin deficiency or digital poisoning. They should
take dietary supplements with potassium without a doctor's prescription.
. . 3869
DECRETON NUMBER 3863 DE2008 SHEET°11
Continuation of the decree) 11 by which Decree 3249 of 2006 is modified and others are issued
.provisions"
APPENDIX 2
Modify ANNEX 2 of Decree 3249 of 2006 (Good Manufacturing Practices, 1, GMP, in food plants or
factories that manufacture, condition or semi-manufacture dietary supplements) regarding the
definitions: "Packaging Material" and "Production", contained in the Glossary and numbers 1.2 and
2.4., whichwillremain1 So:
.
"Ideal packaging material: Any material, including printed material, used in the packaging of a dietary
supplement, excluding any outer packaging used for transportation or shipping. Packaging materials
are considered primary when they are intended to be in direct contact with the product, and secondary
when they are not."
"Production: All operations involved in the preparation of a product called a dietary supplement, from
receipt of materials, through processing, packaging, to the finished product." ” :
"1.2. There must be a Head of Production1 and Head of Quality Control, whose profession must be
that of Pharmaceutical Chemist, Chemist, Food Chemist, Engineer3, Chemist, Food Engineer3 Their
other related profession. Within the production1 and quality control operations, these professionals
must have autonomy in their decisions regarding the other production managers and/or quality control
analysts that you have the establishment. 3. These new positions must be included in the company's
organizational chart..
Establishments dedicated exclusively to the manufacture of dietary supplements must have a Head of
Production1 and Head of Quality Control, who must be Pharmaceutical Chemists. The Head of
Production1 must be independent of the Head of Quality Control.
If the establishment does not have a Pharmacist or Chemist in one of these positions, any of them may
be filled by a qualified professional as long as he or she demonstrates scientific education and practical
experience in the following sciences: a) Analytical and organic chemistry a) Biochemistry a)
Microbiology a d) Pharmaceutical sciences and technology ae) Pharmacology a and toxicology a)
Physiologyag)ControlIdequality ofpharmaceuticalproductssis and /ofoodsyh)quality0assurance; ; all of
this in order to allow him to exercise independent professional judgment, based on the application of
scientific principles and his experience, in making decisions and resolving practical problems that arise
in the manufacture and quality control of dietary supplements. Likewise in this case and in the food
plants where dietary supplements are manufactured, the establishment must ensure that the
authorization of the batches to be commercialized on the market is carried out by a Pharmaceutical
Chemist who must have sufficient autonomy to authorize or reject said commercialization.
Establishments that manufacture exclusively dietary supplements may have professionals other than
pharmaceutical chemists under the terms and conditions established in section I1.2 of this annex.
DE'CRETON NUMBER 3863 DE2008 SHEET°12
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
ANNEX3
OFFICIAL STANDARDSDELCODEXALlMENTARIUSs
http://www.codexalimentarius.net/web/standardlist.do?lanQ=es nq=es
FOODADDITIVESTATUSLlST
http://www.cfsan.fda.Qov/-dms/opa-appa.html#ftnC tftnC
BOTANICALL GRAS
http://www.ars-arin.aov/duke/svllabus/aras.htm iras.htm
TITLE21--FOODANODRUGS
PART172--FOODADDITIVESS PERMITTEDDFORDIRECTADDITIONNTOFOODFOR
HUMANCONSUMPTIONN
SubpartD--SpecialilDietaryandNutritionalil Additives
http://www .accessdata.fda.Qov/scripts/cdrh/cfdocs/cfCFR/CFRSearch. rch. cfm?CFRPart=172&s
howFR=1j &subpartNode=21 11 :3.0.1.1.3.44
PARTIALLlSTOFENZYMEPREPARATIONSTHATATAREUSEDINFOODS
http://www.cfsan.fda.Qov/-dms/opa-enzV.html tml
FDASEAFOOD) LlST .
http://www.cfsan.fda.Qov/-frf/seaintro.html iitml
In addition to the GRAS lists, cited above, the following references can be consulted:
http://www.cfsan.fda.Qov/-rdb/opa-Qras.html itml
http://www.cfsan.fda.Qov/-dms/opascoQd.html tml
which contain GRAS notifications received since 1998, with their respective response from the FDA, in
addition to being at the end of the previously cited GRAS listings. EUROPEAN COMMISSION
Directives on foods for particular nutritional uses, "dietetic foods" or " dietary foods", which include lists
of nutritional substances that can be added to this type of supplements.
Commissionn Directivej 2001/15/EC :C
Commission Directive3 2004/5/EC C .
DECRETON NUMBER 3863 DE2008 SHEET°13
Continuation of Decree 11 by which Decree 3249 of 2006 is modified and others are issued
provisions"
You can also consult a summary in Spanish, in which there are links to consult the directives
mentioned above.
http://europa.eu/scadplus/lea/es/lvbIl21100.htm ■htm
Directive 2002/46/EC E of the European Parliament and of the Council, of June 10, 2002, relating to the
approximation of the laws of the Member States relating to food supplements, which includes
substances that can be used in the manufacture of food supplements.
http://europa.eu/scadplus/lea/es/lvb/121102.htm htm
COLOMBIAN LEGISLATION A
Unprocessed foods included in the Colombian food composition table of the Colombian Institute of
Family Welfare (ICBF).
http://www.icbf.aov.co/espanol/planes/plan jlan nalde Alimentacion/alosarioicbf.xlsxIs
List of medicinal plants approved for therapeutic purposes included in Section I 23.1 and the list of
natural resources approved for therapeutic purposes included in Section I23.2 of the Manual I of
Pharmacological Standards 2006 or its updates. , in concentrations that do not exceed therapeutic
levels.