Bs. As. 30/10/69
VISTO, Law No. 18.425 on Trade Promotion, aimed at the structural transformation of marketing systems, to achieve the fulfilment of their social function with maximum economic efficiency, and
The regulation of Act No. 18,425 is necessary;
Article 27 of the Act provides that the executive branch may delegate to its competent bodies the functions assigned by the law;
That the enforcement body should be empowered, both to issue rules of application and interpretation of the law, and to execute the acts necessary for its proper administration;
OF ARGENTINA NATION
Article 1– The State Secretariat for Industry and Internal Trade shall be the authority to implement Act No. 18.425. Pursuant to that function, it is empowered to:
(a) Establishing the bouquets to be marketed by traders or trade organizations covered by the law, as well as the bouquets covered by article 7, subparagraph (b); and establishing the requirements to be met by retailers to annex other products to those distributed by the chain;
(b) To issue instructions and circulars to traders covered by the provisions of the law, on the proper interpretation and application of the law, and of the regulations; as well as on the definition and display of goods, weights and measures, packaging and operating rules;
(c) To regulate and authorize the dispensability of self-service or self-selection systems;
(d) Resolve, in each case, on the origin of the benefits requested, and may require commercial organizations to request their inclusion in the law regime, the previous statutes necessary to justify the social convenience and feasibility of projects;
(e) To establish and conduct the verifications authorized by article 21 of the Act;
(f) Delimit, in each case, the area of trade influence referred to in article 7 (g) of the law;
(g) Establish the registration of entities listed in article 1 of the Act and issue organizational and procedural rules for its operation.
Art. 2°– The requirement of unity in the direction of the purchase, sale and administration shall be deemed to be fulfilled for the different cases in which the law requires it, when they meet the following ends:
(a) Whether the person or responsible society is the owner, the owner, the owner, or any other legal title has the exclusive use of the property where the business organization operates;
(b) That the same person or society directly exploits the service, except for the concessionaires authorized in accordance with Article 4.
Art. 3°– The implementing body shall consider the provision of article 7 (b) of the law as soon as it provides for the compulsory sale of the same products as an important part of the chain, each time the chain ensures that a number of items not less than 70 per cent of those distributed by its supply organization is sold by all and each of its members.
Art. 4°– Exploitation of the items established by the implementing body, where the law requires the unity referred to in article 2 may be carried out by concessionaries, provided that:
(a) The surfaces for this modality do not exceed 10% on the premises for sale with a surface greater than 1000 m2, nor 5% on the premises with a smaller surface;
(b) Such concessions shall be granted for a specified time, and for periods not exceeding those set by the implementing body, according to the categories of products or services concerned.
Art. 5. - Deposits that are not annexed to the sale premises may follow the regime established for the main premises, in terms of the benefits of articles 12 and 14 of the Act, provided that they are credited to perform only complementary functions of the main operation.
Art. 6. - Signatures inscribed in the register referred to in Article 1 (g) shall refer to the Secretariat of State for Industry and Internal Trade, copy of the annual memory and balance; and, whenever requested, they shall provide information on purchase and sales amounts for items and prices. In addition, they must report any changes to the data provided when requesting registration.
Art. 7. - The implementing body shall issue rules on the elements to be made available to the public by commercial organizations to ascertain the weights or measures of the articles they sell.
Art. 8.- For administrative summaries and the application of the penalties provided for in Act No. 18.425, it shall apply to the procedure established by Decree No. 2.426 of 1 April 1967.
Art. 9. - The present decree will be endorsed by the Minister of Economy and Labour and signed by the Secretaries of State of Industry and Internal Trade and of Finance.
Art. 10.- Contact, post, give to the National Directorate of the Official Register and archvese.
José M. Daguino Pastore
Raúl J. E. Peycere -
Luis B. Mey