On March 23, 2026, Law No. 15.357/2026 was published in the Official Federal Gazette (DOU), amending Law No. 5.991/1973 to provide for the sale of medications at pharmacies or drugstores installed within supermarket retail areas.
The regulation originates from Bill No. 2.158/2023, which was approved by the National Congress and signed into law without vetoes by the President of the Republic.
Installation in an exclusive and segregated environment
The Law permits the installation of a pharmacy or drugstore within supermarket retail areas, provided that it occupies a physically delimited space, segregated from and exclusive to pharmaceutical activity, independent of the other sections of the supermarket.
The operation may be carried out directly by the supermarket, under the same tax identification, or through a contract with a pharmacy or drugstore duly licensed and registered with the competent authorities. In either case, all requirements ordinarily applicable to medication dispensing establishments must be observed, including those related to physical dimensions, pharmaceutical consultation room structure, receipt, storage, temperature control, ventilation, lighting and humidity, traceability, dispensing, pharmaceutical assistance, and pharmaceutical care.
The regulation also mandates the presence of legally qualified pharmacists throughout the entire operating hours of the installed pharmacy or drugstore.
The establishments may contract digital channels and e-commerce platforms for logistics and consumer delivery purposes, provided that full compliance with applicable health regulations is ensured.
Rules for the dispensing of controlled medications
For the dispensing of medications subject to special control, establishments shall ensure that delivery occurs only after payment, or that the medications are transported from the service counter to the payment location in a sealed, tamper-proof, and identifiable package.
The offering of medications in open areas, areas that communicate with or lack complete functional separation — such as counters, stands, or gondola shelving units located outside the pharmacy or drugstore space installed in the supermarket — is expressly prohibited.
The Life Sciences and Healthcare practice can provide further information on this topic.
