Free water in restaurants: Alesp approves project – 08/29/2023 – Food

The Legislative Assembly of the State of São Paulo (Alesp) approved PL 433/2023, authored by Deputy Átila Jacomussi (Solidariedade), which obliges bars, restaurants, snack bars, bakeries and similar establishments to serve filtered water at will and free of charge to customers .

According to the PL, every establishment in the state must post, in a visible place, a poster or menu that indicates the gratuity of filtered drinking water. Houses that fail to comply with the law will be subject to the sanctions of the Consumer Protection Code and other penalties to be defined by the Executive Branch, which can sanction or veto the project.

According to the text, “it is not correct for people to feel embarrassed to request, in a commercial establishment such as a restaurant, bar or similar, a glass of filtered water”. In addition, the project also defends the guarantee of the quality of the drink offered to customers.

In the city of São Paulo, a similar determination came into force in 2020. The “Água da Casa” Law, sanctioned by the then mayor Bruno Covas, determined that bars, hotels, restaurants, snack bars, bakeries, coffee shops and similar establishments could sell mineral water at ease, but with the obligation to also serve free filtered water to anyone who asks – and to clearly announce the practice on the menus.

The National Tourism Confederation, which brings together 130 employers’ unions, however, filed a Direct Action of Unconstitutionality at the São Paulo Court of Justice (TJ-SP).

In June 2022, the TJ-SP judged the law unconstitutional. The city hall of the capital appealed the decision. The request was accepted and the case forwarded to the Federal Supreme Court (STF).

The case’s rapporteur is Minister Edson Fachin and there is no forecast for it to be analyzed. Until the decision, restaurants in São Paulo can deny the “house water”.