Traditional food and food innovation in South America: the regulatory challenges related to identity and globalisation

Viviana Cervieri
Cervieri Monsuárez, Montevideo
vivianacervieri@cmlawyers.com.uy

Jesús Urbina
Cervieri Monsuárez, Montevideo
jurbina@cmlawyers.com.uy

Katherin Pérez
Cervieri Monsuárez, La Paz
kperez@cmlawyers.com.bo

Introduction

In South America, food reflects history, through the passing down of recipes and culinary practices that reflect centuries of adaptation, biodiversity and cultural change. Today, however, this culinary richness faces challenges posed by a new global landscape, where food innovation and international regulations define what foods can and cannot reach the table.

In this context, countries such as Bolivia and Uruguay illustrate two complementary paths: on one hand, the preservation and appreciation of traditional foods; on the other, openness to technological innovation and new regulatory paradigms. Both countries face the same challenge: how to harmonise the country’s cultural identity and sustainable development with the technical demands of international markets.

The rise of the novel foods concept, along with increasing transparency, safety and sustainability requirements, is transforming the rules of the game. What for an Andean community is an everyday food, for a European regulatory authority may be considered a ‘new’ product that requires evidence of its safety, traceability and scientific validation. At the same time, the emergence of alternative proteins, advanced fermented products and functional foods means that the region needs to adapt the relevant regulations accordingly, which often do not yet account for these new categories of food products.

Bolivia

Bolivia is a pluricultural and megadiverse country located in the heart of South America, where the Andes, the Altiplano and the Amazon converge in a unique blend of biological and cultural richness. Over the centuries, Bolivian communities have preserved ancestral knowledge related to the cultivation, preparation and consumption of foods that today form an essential part of their identity.

In a global context where food innovation is defined according to the concept of novel foods, traditional Bolivian foods have gained new relevance and a fundamental question is raised: how can the cultural heritage of a food product be protected without excluding that product from the international market?

Food products such as quinoa, cañahua, tarwi, maca and coca leaves are a living legacy of Bolivia’s indigenous peoples. However, when these same foods cross geographical borders, they often cease to be considered traditional foods and instead fall within the category of novel foods, meaning foods without a significant history of consumption in regions such as the European Union or the United States.

When something traditional becomes ‘novel’

The contrast between what is traditional and what is novel reflects both cultural differences and complex regulatory challenges. How can the safety of a food be evaluated when it has been consumed for centuries in a particular place by a specific community of people, yet it is considered ‘new’ in another region of the world? What does this mean for Bolivian exporters and for the preservation of their culinary heritage?

Currently, several emblematic products illustrate this situation, as follows:

• Coca leaf (Erythroxylum coca): traditionally used in infusions and as a natural stimulant at high altitudes. Its commercialisation as a food product is prohibited outside Andean countries under the United Nations’ Single Convention on Narcotic Drugs (1961).
• Maca (Lepidium meyenii): it has been recognised as a traditional food in the EU since 2002, although its use in the form of concentrated extracts or capsules remains classified as a novel food.
• Cañahua (Chenopodium pallidicaule): a high-protein Andean grain. It is still lacking a recognised consumption history in Europe.
• Tarwi or chocho (Lupinus mutabilis): a protein-rich legume. Its European authorisation remains under review.
• Yacón (Smallanthus sonchifolius): its use as a syrup was approved as a novel food in 2014, but the fresh root remains under evaluation.
• Achachairú (Garcinia humilis): it received EU authorisation in 2022, after evidence was compiled of its safe consumption.
• Llama meat/dried llama meat: it is traditionally consumed, but lacks a sufficiently documented consumption history in order for it to be sold via international markets.

Global innovation

Just as traditional foods may appear ‘new’ outside the country of origin, Bolivia also faces the opposite challenge: new food technologies still lack a local regulatory framework. Cell-based foods, plant-based substitutes and products containing functional microorganisms are examples of categories of food that have yet to be formally defined in the national regulations.

This situation highlights the need to prepare the regulatory landscape for future food-related innovations, while maintaining a cultural perspective and safeguarding the country’s food sovereignty.

Regulatory implications and opportunities

Recognising the nutritional and cultural value of traditional Bolivian foods can open up potential export opportunities, provided that international safety and traceability requirements are met.

The main challenges are as follows:

• there is a need to document the history of consumption and the traditional methods of preparation of particular foods;
• toxicological and compositional studies should be carried out when necessary;
• labelling and food-related claims must align with the standards in the destination country; and
• intellectual property and related rights must be dealt with in regard to the traditional knowledge pertaining to the food.

The main opportunities are as follows:

• Andean products can be positioned as functional and sustainable ingredients;
• the rise of clean label and natural foods can be leveraged;
• designations of origin and fair-trade certifications can be promoted; and
• cooperation among the relevant Bolivian institutions (El Servicio Nacional de Sanidad Agropecuaria e Inocuidad Alimentaria or SENASAG, El Instituto Nacional de Innovación Agropecuaria y Forestal or INIAF, universities) and international agencies for the recognition of traditional foods can be strengthened.

In summary, traditional Bolivian foods represent a unique opportunity to unite the country’s identity, biodiversity and regulatory innovation. The challenge lies in demonstrating to international bodies that these products, far from being ‘new’, are backed by centuries of safe and culturally validated consumption.

Uruguay

Uruguay is undergoing a transformation in terms of how it produces and consumes food. In a country that is historically proud of its livestock tradition, new trends are emerging driven by technology, research and, more recently, by building on its cultural diversity.

Innovation is being driven by the need to add value, respond to new consumer preferences and comply with increasingly demanding regulations on food safety, traceability and labelling.

Institutions, such as the National Institute of Agricultural Research (Instituto Nacional de Investigación Agropecuaria or INIA), the Technological Laboratory of Uruguay (Laboratorio Tecnológico del Uruguay or LATU) and the National Agency for Research and Innovation (Agencia Nacional de Investigación e Innovación or ANII), are leading projects that connect science, sustainability and productive development. A growing FoodTech ecosystem is also taking shape, integrating traditional ingredients with modern techniques, such as controlled fermentations, alternative proteins and biodegradable packaging.

These initiatives do not seek to replace tradition, but to complement it. The main challenge is not technological, but cultural: in a country where food is deeply tied to identity, innovation can generate resistance. Replacing meat with plant-based proteins, lab-produced elements or reformulating traditional recipes sparks debates about authenticity and modernisation.

Food diversity and migration

Over the past decade, Uruguay has welcomed more than 100,000 migrants, mainly from Venezuela, Cuba, the Dominican Republic, Peru and Argentina, not only transforming the country’s demographics, but also its food culture. The introduction of new ingredients, recipes and culinary practices is enriching the country’s gastronomy and expanding the range of products that would benefit from formal entry into the market.

However, many of these ventures begin informally, based on the production of food at home or in unlicensed facilities. The transition towards formalisation requires compliance with the standards set by the National Unified Registry of Foods and Packaging (Registro Único Nacional de Alimentos y Envases or RUNAEV) and the Directorate of Bromatology, as well as meeting food safety and labelling requirements.

In response, some municipalities and national agencies offer training and technical support programmes designed to help micro-entrepreneurs enter the formal market, ensuring food safety, while promoting social inclusion.

An evaluation of innovative foods

Uruguay has taken a key step in the right direction by creating the Ateneo Técnico, a formal and systematic body for evaluating novel foods before their authorisation. This interdisciplinary group, comprising of experts in nutrition, toxicology, microbiology and pharmacology, reviews evidence on the composition, labelling and safety of food submitted by applicants seeking food product registration.

The objective is clear: to ensure that food innovation is encouraged without compromising public health, while ensuring that the country remains aligned with international standards.

Conclusion

The developments occurring in Bolivia and Uruguay show that food regulation is not just a technical matter, but it is also a tool to protect culture and preserve it into the future. In Bolivia, the challenge remains in proving that ancestral foods are as safe as they are valuable. In Uruguay, it is about integrating innovation within a regulatory framework that preserves consumer trust and the authenticity of the country’s food identity.