Yerba Math And Establishment - Full Text Of The Norm

Original Language Title: YERBA MATE RADICACION Y CREACION DE ESTABLECIMIENTO - Texto completo de la norma

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YERBA MATE

Law 27.114

Radication and creation of establishments for the establishment of a System of Packaging in Origin of the Yerba Mate or Ilex Paraguariensis in the production region.

Sanctioned: December 17, 2014

Enacted: January 20, 2015

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force

Law:

ARTICLE 1 — Object. The purpose of this law is to promote the establishment and creation of the necessary establishments for the establishment of a System of Packaging in Origin of the Yerba Mate or Ilex Paraguariensis in the production region.

ARTICLE 2: Definitions. For the purposes of this Act, it is understood that:

• “Yerba Mate or Ilex Paraguariensis”: to the Yerba Mate or Ilex Paraguariensis grounded or courted, green leaf, made with or without stick, in saquitos, soluble, composite and/or mixed with other herbs, fruits, flavoring essences; destined to consumption within the national territory or for export.

• “Production”: to the provinces of Corrientes and Misiones, in whose territories the plantations of Yerba Mate or Ilex Paraguariensis are physically concentrated.

• “Invased”: to all the necessary steps to preserve and preserve the Yerba Mate or Ilex Paraguariensis of all the dangers posed by the different pathogens for human consumption. Such packaging or packaging shall be in individual form, size, weight and format approved by the competent food and prankology authority.

• “Passed in origin of the Yerba Mate”: to the realization of all the necessary steps for the packaging of the Yerba Mate or Ilex Paraguariensis within the region where it has been produced, can be elaborated and
packed into either of the two producing provinces in an indistinct manner.

• “Denomination of Origin of the Yerba Mate or Ilex Paraguariensis”: to the name of a region, province, department, district, town or a properly registered national territory area that serves to designate a product originating from them and whose qualities or characteristics are exclusively or essentially due to the geographical environment, including natural factors and human factors. Allowing the interprovincial transfers of Yerba Mate or Ilex Paraguariensis, in any of its forms, within the producing region.

ARTICLE 3 — The provincial states of the producer region may authorize the commercialization of bulk when the Yerba Mate or Ilex Paraguariensis grounded or redeemed is destined for export, but it may not be subject to a new fraction or packaged outside the producer region until it reaches its final destination abroad.

Also, it will be allowed to commercialize bulk and its fractionation or packaging outside the producer region, when the Yerba Mate or Ilex Paraguariensis is destined to be mixed with other herbs, fruits, essences or flavorings originated in plantations located outside the producer region, provided that such herbs, fruits, essences or flavorings represent at least thirty percent (30%)

Those industrial establishments, already installed outside the producer region, which use Yerba Mate or Ilex Paraguariensis in saquitos, will be able to continue to produce them until the volume of their current maximum installed production capacity.

The volume of tonnes of it shall be certified by the enforcement authority established by this law.

ARTICLE 4 — Beneficiaries. They shall be beneficiaries of this law:

(a) The natural and/or legal persons that are located in the producing region of the Yerba Mate or Ilex Paraguariensis, carrying out the packaging process of the same, that present projects to modernize the facilities;

(b) The natural and/or legal persons who are exploiting the production of Yerba Mate or Ilex Paraguariensis in the producing region, and who submit projects for the development of the activities related to the packaging thereof;

(c) The natural and/or legal persons who submit residency projects in the originating region of the Yerba Mate or Ilex Paraguariensis to carry out the packaging process of the same;

(d) The natural and/or legal persons who, based in other jurisdictions, present a project of a reorganization to settle in the region of origin of the Yerba Mate or Ilex Paraguariensis to carry out the process of packaging it;

(e) Entrepreneurs with a project to create a new company or entrepreneurship to develop the packaging activity of the Yerba Mate in Origin.

ARTICLE 5 — Registration. Please refer to the National Register for the Promotion of the Packaging in Origin, for the purposes of the registration and monitoring of the natural and legal persons approved by the implementing authority to be beneficiaries of this law. The details of the benefits granted will be published by the registration on your website, within a period not exceeding three (3) months.

ARTICLE 6 — Benefits. The natural or legal persons covered by Article 4 shall enjoy the facilitation of the mechanisms of access to credit and/or grants available to the Executive Branch through the competent agencies and provided by the banks that are designated for this purpose; such credits shall be allocated to capital contributions necessary to implement the project and expenses related to business reorganizations that are aimed at the packaging in origin.

ARTICLE 7. Failure to comply with the provisions of this Act, without prejudice to the application of other appropriate civil, criminal and administrative provisions, shall make the perpetrators liable to the penalties established by law 25,564.

ARTICLE 8 — Implementing Authority. The National Institute of the Yerba Mate (INYM) will be applied in conjunction with the Ministry of Economy and Public Finance of the Nation.

ARTICLE 9 — From the sanction of this Law the new establishments dedicated to the fractionation and packaging of the Yerba Mate or Ilex Paraguariensis for consumption must be carried out exclusively within the producer region. Companies that currently have Yerba Mate or Ilex Paraguariensis packaging plants outside the producer region will have sixty (60) months from the sanction of this law to establish their respective plants within the producer region. These will not be able to make mixtures with other herbs, fruits, essences and/or flavors from the sanction of this law.

The preceding provisions shall not apply to plants located outside the producer region, which are packaging, at the date of the sanction of this law, Yerba Mate mixed with other herbs, fruits, essences and/or flavorings according to the provisions of Article 3, paragraph 2, of this Law.

ARTICLE 10. - Invite the provinces that make up the production region to adhere to this law by issuing regulations similar to this law.

ARTICLE 11. — The national executive branch shall issue the regulatory decree referring to the provisions of this law, within one hundred and eighty (180) days of its publication in the Official Gazette.

ARTICLE 12. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DECEMBER OF THE YEAR TWO MIL CATORCE.

— REGISTRATE BAJO #27.114 —

JULIAN A. DOMINGUEZ. - GERARDO ZAMORA. — Juan H. Estrada. - Lucas Chedrese