Rules of the Workers’ Food Program (PAT) take effect in February

Decree published in November 2025 updates PAT regulations and sets deadlines for applying fee limits, interoperability, and benefit settlement

Decree No. 12,712 of November 11, 2025, which amended the rules of the Workers’ Food Program (PAT), provides for the implementation of changes that will begin to have practical effects as of February. The regulation modifies provisions of Decree No. 10,854/2021 and establishes new parameters for meal vouchers and food allowances, in accordance with Law No. 14,442/2022.

Although the decree has been in force since its publication in November 2025, the deadlines set for adaptation by operators, facilitators, financial institutions, and beneficiary companies mean that a significant portion of the new requirements will start to be applied beginning next month.

Oversight and responsibilities under the PAT

With the changes introduced by the decree, authority to oversee compliance with PAT rules will be exercised by the Ministry of Labor and Employment (MTE), including provisions related to program execution, payment arrangements, and the operational conditions of the benefit.

The text also establishes that companies benefiting from the PAT are responsible for irregularities arising from program execution and must instruct workers on the proper use of payment instruments linked to meal and food allowances.

Payment arrangements and interoperability

The decree defines criteria for open and closed payment arrangements used in the PAT. Arrangements that serve more than 500,000 workers must operate under the open model, allowing the participation of multiple issuing and acquiring institutions.

Exclusivity clauses in open arrangements are also prohibited. The rules further require full interoperability, with the sharing of merchant networks. The deadline for adapting to interoperability is 360 days from the publication of the decree.

Fee caps and deadlines take effect in February

Among the provisions that will take effect as of February are maximum limits on transaction fees charged within the PAT. The merchant discount rate (MDR) charged to commercial establishments is capped at 3.6%, while the interchange fee between issuers and acquirers may not exceed 2%. The charging of any other fees, tariffs, or additional charges is prohibited.

The decree also establishes that financial settlement of transactions must occur within 15 calendar days. The rules on fees and settlement deadlines must be implemented within 90 days from the publication date of the regulation, which places the start of practical application in February 2026.

Rules for facilitators and penalties

Facilitators involved in the acquisition of meals or food products are prohibited from applying discounts to contracted amounts, adopting transfer deadlines incompatible with the prepaid nature of the benefit, or granting advantages not directly related to workers’ nutrition and food security.

Failure to comply with these rules subjects facilitators to the sanctions provided for in Law No. 6,321/1976, including fines and, in cases of repeat offenses, cancellation of registration in the PAT.

The decree also provides for the creation of an Interministerial Management Committee for the PAT, which may issue supplementary regulations and establish additional parameters related to fees, deadlines, and the operation of payment arrangements.

Benefits related to workers’ health that are not directly connected to food and nutritional security—such as sports services, leisure activities, health plans, aesthetic services, courses, or credit facilities—are also prohibited.

Source: Contábeis