A bill that obliges bars and restaurants in São Paulo to offer free filtered water to customers was approved by the Legislative Assembly of São Paulo (Alesp).
PL 433/2023, authored by Deputy Átila Jacomussi (Solidariedade), provides that “bars, restaurants, snack bars, bakeries and similar establishments” in the state are obliged to serve “filtered drinking water at will” free of charge to customers.
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The proposal was voted by state deputies on the 8th, and forwarded to Governor Tarcísio de Freitas (Republicans) on the 23rd. has a deadline 15 days to manifest; otherwise, the project will be considered sanctioned.
The law also determines that public water that has passed through a filtering device, such as an earthenware filter, purifier and the like, is considered filtered drinking water.
“It could even be said that it is not common to refuse a request for water made in a commercial establishment, and that, therefore, a law would not be necessary in this regard. Indeed, the supply of water is common. What is unusual is the offer of filtered drinking water”, said the deputy in the justification for the project.
In addition, establishments will be obliged to place in a visible way for customers – either on a poster or on the menu – information about the free water.
The government of São Paulo will be responsible for defining which body will be responsible for enforcing the law, and what penalties will be applied to violators.
“Establishments that fail to comply with this law will be subject to the sanctions of Federal Law No. 8.078/1990 (Consumer Protection Code)”, concludes the project.
A CNN , the Brazilian Association of Bars and Restaurants (Abrasel) said that it is awaiting the analysis of the project by the governor to take a formal position, but adds that they are not against “the kindness in offering house water to customers”. “We are against mandatory. Because it is up to the entrepreneur to decide, as there are costs involved”, stated the Association.
The Federation of Hotels, Restaurants, Bars and Similar Things in the State of São Paulo (Fhoresp) said in a note that it is also against the measure and is waiting for the governor’s veto.
“Despite the noble purposes of the author, the same proposal tried in the city of São Paulo, has already been declared unconstitutional by the Court of Justice. So, it seems to us that Alesp is legislating on this matter illegally, trying to trample the São Paulo Judiciary Power”, said Fhoresp in a note.
The federation also claims that, if the project is approved, the cost of free water would end up being passed on to the prices on the menu.
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Source: CNN Brasil
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