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Livestock Law 22.939 - Amendment - Full Text Of The Norm

Original Language Title: GANADERIA LEY 22.939 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
GANADERIA Law 26.478 Amend Law No. 22,939 concerning the regime of marks and signs, certificates and guides. Sanctioned: March 4 of 2009 Cast: March 30, 2009

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

ARTICLE 1 Replace Title I of Law 22.939 with the following text:

PART I

Of the brands and signals of cattle in general and of the alternative means of animal identification for the pig species.

ARTICLE 2 Replace Article 1 of Law 22.939 with the following text:

Article 1: The brand is the impression that is made on the animal of a drawing or design, by means of burning iron, of cold marking, or of any other procedure that ensures the permanence in a clear and indelible way that authorizes the Ministry of Agriculture, Livestock, Fisheries and Food of the Ministry of Economy and Production.

The signal is a cut, or incision, or perforation, or burning made on fire, in the animal's ear.

The caravan is a device that is placed in the animal's ear by perforating the atrial membrane.

The tattoo is the impression on the animal's skin of numbers and/or letters by using sharp tips, with or without ink.

The implant is an electronic radio frequency device that is placed inside the animal.

The enforcement authority may incorporate other means of identification that are considered appropriate for the identification of livestock by their technology and functionality.

Article 3 Replace Article 2 of Law 22.939 with the following text:

Article 2: To obtain the registration of the design of a brand, sign or alternative means of identification proposed exclusively for the porcine species, the formalities established in each province must be fulfilled.

The application authority shall establish the technical characteristics to which each identification medium established in the preceding article shall be adjusted.

ARTICLE 4 Replace Article 3 of Law 22.939 with the following text:

Article 3: The registration of designs of equal marks shall not be admitted, or may be confused between one another within the territorial scope of the same province. It is understood in this provision that they present an identical or similar design, and those in which one of the designs, by superimposing another, covered it in all its parts.

If trademarks are already registered in the same province that are equal or susceptible to being confused with each other, the holder of the most recent one must modify it in the form indicated by the local application agency, within the period of ninety (90) days of receiving the formal communication to the effect, which will be made under the notice of expiry of the respective registry.

ARTICLE 5o Replace Article 4 of Law 22.939 with the following text:

Article 4: The registration of the design of the brands and signals of the cattle in general and of the alternative means of identification proposed exclusively for the porcine species gives its holder the right of exclusive use for the time period that the respective provincial laws establish, being able to be extended according to what those rules provide. This right is transmissible and is evidenced by the title issued by the competent authority, and in its absence by the record records. In the case of transmission, the respective annotations should be made in the registry.

ARTICLE 6 Replace Article 5 of Law 22.939 with the following text:

Article 5: It is obligatory for any owner of a greater or lesser cattle to have registered in his name the design he employs to mark or point out, in accordance with the provisions of this law.

It is prohibited to mark or point out without registering the design that is used, except for the signal that was used as a complement to the brand in the larger cattle.

It is obligatory for any owner of porcine cattle to have registered to his name the design he employs to point out, or the alternative means of identification chosen as proposed by this law and of exclusive use for the pig species.

It is prohibited to point out or identify porcine cattle with any of the alternative means of identification proposed exclusively for the porcine species, without registering the design of the sign used, or the alternative means of identification chosen among those proposed by this law.

ARTICLE 7 Replace Article 6 of Law 22.939 with the following text:

Article 6: It is obligatory for any farm owner to mark their livestock and point out their smaller cattle. The use of any of the other alternative means of animal identification indicated in article 1 of this law is also authorized in the porcine cattle, at the choice of the owner of the livestock. In specimens of pure race, the mark or sign can be replaced by tattoos or reviews, according to species.

ARTICLE 8 Replace Article 7 of Law 22.939 with the following text:

Article 7: The obligation established in the previous article shall be fulfilled in the majority cattle during the first year of life of the animal, and in the minor cattle, except the pig, before reaching the six (6) months of age. For the swine cattle such obligation must be fulfilled before forty-five (45) days of age.

Any animal of the porcine species that travels outside the establishment where it is born must be identified by means of alternative signal or means of identification proposed exclusively for the pig cattle, even if it has not reached the age set above.

The mark or sign for livestock in general, and the alternative means of identification proposed exclusively for pig cattle, shall be applied as set out in the title provided for in Article 4 of this Law. The marks must be applied in identical position, matching the vertical line.

Article 9 Replace the first paragraph of Article 9 of Law 22.939 with the following:

Article 9: It is presumed, except evidence to the contrary, and without prejudice to the provisions of Title IV of this Law, that the major livestock and the minor livestock indicated, or in the case exclusively of the pig cattle, identified or identified with any of the alternative means described in Article 1 of this Law belongs to the person who has registered to his name the design of the mark or sign, or means of alternative identification applied to the animal.

ARTICLE 10. Replace article 10 of Law 22.939 with the following text:

Article 10: The owner of the earna farm and of the one whose mark or alternative means of identification proposed exclusively for the pig cattle is not sufficiently clear, shall be subject to the common regime of the movable things, without prejudice to the penalties established by the local authority.

ARTICLE 11. Replace article 13 (c) of Law 22.939 with the following text:

(c) Specification of the type of operation in question, registration of the title of the brand, signal or alternative means of identification proposed exclusively for the pig cattle, and design of these or the tattoo of the corresponding review in the breed animals.

ARTICLE 12. Replace article 17 of Law 22.939 with the following text:

Article 17: In the case of registered pedigree or pure animals that do not have a trademark or alternative signal or means of identification proposed exclusively for the pigeon cattle, the guides that are extended shall mention that circumstance and provide the data that may contribute to the individualization of each animal. In all cases the property of such animals must be credited.

ARTICLE 13. Replace article 18 of Law 22.939 with the following text:

Article 18: The national executive branch shall promote the formalization of agreements with the provincial governments for the attainment of a uniform regime in terms of brands and signs of livestock in general, of alternative means of animal identification for the pig species and of the documentation referred to in this law.

ARTICLE 14. The national executive branch shall establish the authority for the implementation of this law. ARTICLE 15. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE MARCH YEAR DOS MIL NEW.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.