Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11499884/20160724
STATEMENT OF NATIONAL INTEREST
STATEMENT OF NATIONAL INTEREST
27233 Health Act of Animals and Plants. Enacted: November 26, 2015 Enacted: December 29, 2015
The Senate and Chamber of Deputies of Argentina in Congress assembled, etc. enact as law: CHAPTER I
STATEMENT OF NATIONAL INTEREST ARTICLE 1 - is declared of national interest the health of animals and plants, as well as the prevention, control and eradication of diseases and pests that affect national agricultural and forestry production, flora and fauna, the quality of raw materials product of livestock-agricultural silvo, activities and fishing, as well as production, safety and quality agrifood, specific agricultural inputs and control of chemical and microbiological and chemical residues in food and domestic and international trade in these products and by contaminants. They fall within the scope of this law sanitary and phytosanitary measures defined in the Agreement on the Application of Sanitary and Phytosanitary Measures of the World Trade Organization (WTO), approved by Law 24.425. This statement covers all stages of primary production, processing, processing, transportation, marketing and consumption of agrifood and control inputs and outputs of agricultural origin entering the country, as well as productions family or artisanal agriculture destination marketing, are subject to the jurisdiction of the national health authority.
STATEMENT OF PUBLIC ORDER ARTICLE 2 - are declared of public order national standards by which it is implemented or regulates the development of actions to preserve animal health and the protection of species of plant, hygiene and sanitary conditions of food of agricultural origin with the scope established in the previous article.
LIABILITY OF FOOD CHAIN ACTORS
ARTICLE 3 - It primary and inescapable responsibility of any natural or legal person linked to
TzVDVFU0UmNYdGxycmZ0RFhoUThyQT09 production, acquisition or processing of products, by-products and derivatives sylvo agricultural origin and fishing, whose activities be subject to the control of the enforcement authority of this Act, the watch and respond by health , safety, hygiene and quality of production, in accordance with current regulations and in the future is established. This responsibility extends to producing, processing, fractioning, hold, deposit, concentrated, transported, marketed, dispense, import or export animals, plants, food, raw materials, food additives, reproductive material, animal feed and its raw materials, fishery products and other products of animal and / or plant acting individually, together or successively, in the food chain.
ARTICLE 4 - The intervention of the health authorities, as appropriate to their control activity does not exempt direct or joint responsibility of the various actors in the food chain about the risks, danger or damage to third parties resulting from the activity of these. CHAPTER II
ENFORCEMENT AUTHORITY ARTICLE 5 - The National Health Service and Food Quality, in its capacity as a decentralized agency with economic-financial technical and administrative and having legal personality autarky and in the field of public and private law, under the Ministry of Agriculture, Livestock and Fisheries, is the enforcement authority and responsibility for planning, implementing and monitoring the development of the actions provided for in this law.
OF SKILLS AND POWERS OF SENASA
ARTICLE 6 - To fulfill the responsibilities assigned in the preceding article, the National Health Service and Food Quality shall have the powers and powers specifically granted by the legislation. For the purposes of the provisions of this law and the fulfillment of the objectives of the National Food Control created by Decree 815 of July 26, 1999, it is entitled also to establish procedures and systems for public control and deprived of health and quality of animals and plants and the federal traffic, imports and exports of goods, products and derivatives of animal or plant origin, the latter in the stages of production, processing and storage, corresponding to their jurisdiction, food products, and pesticides, fertilizers and amendments, veterinary drug-adapting control systems and hygienic-sanitary certification currently used.
ARTICLE 7 - In order to attend to better fulfill the responsibilities assigned by this law or health or research programs running, or in order to complement its operational decentralization, the National Health and Quality Service agrifood may promote the establishment of an institutional network with civil associations non-profit or agreement with academic institutions, professional associations, national government bodies, provincial and / or municipal, public, private or mixed character, upon signing the respective agreement, to run, jointly and coordinated, sanitary and phytosanitary measures, applied research, https
//www.boletinoficial.gob.ar/pdf/linkQR/TzVDVFU0UmNYdGxycmZ0RFhoUThyQT09 productive research, control agroalimentos public or certification in their areas of competence, to verify compliance with the regulations in force in the field. The provision of services by health authorities, during the time they are required, it is considered public health care service. The execution outside the parameters of the agreement and / or the regulations in force, suspension, interruption, stoppage or denial of such services, directly or indirectly, is considered a serious offense and shall subject the application of the sanctions established for that purpose , including termination of the agreements concluded and, if applicable, the exclusion of the system.
ARTICLE 8 - The establishments, companies and / or responsible for primary production, processing, storage, distribution, transport and trade of agrifood make federal traffic or export or imported into the country must implement the programs or self-control plans (Hazard Analysis and Critical Control Point HACCP) and other systems established food assurance and approved by the National health Service and food Quality, can the same be monitored and verified their application by health authorities referred to in Article 7 of this law. CHAPTER III OBLIGATIONS
OF HEALTH AUTHORITIES ARTICLE 9 - Approval of national or provincial sanitary and phytosanitary and / or regional provincial enforcement programs involve, for health authorities, the obligation to respect tariff values established for benefits payable, maintaining the same benefits for the agreed period and conform to the standards in the exercise of its powers and duties established by the National Health Service and Food Quality. In the case of the fight against FMD, it shall comply with the provisions of the law 24.305.
ARTICLE 10. - The health authorities are incorporated or constituted, or other intermediary bodies, must have personality, legal and demonstrate sufficient technical, administrative and financial capacity for the development of health actions assigned to them.
ARTICLE 11. - In case of alert and / or sanitary or phytosanitary emergency, whatever its scope, declared by the National Health Service and Food Quality, the services provided by the sanitary and phytosanitary authorities throughout the emergency must strictly comply with the directives to the effect imparted Agency said.
CHAPTER IV RESOURCES AND BUDGET
ARTICLE 12. - For the fulfillment of its objectives and provisions of this Act, the National Health Service and Food Quality will have the resources established by decree 1,585 of December 19, 1996 as amended, as well as those that have been assigned by the regulations.
ARTICLE 13. - Annually, the National Health Service and Food Quality develop its general budget, which will include all the resources and expenditures planned, and will form an operating budget, and performance. CHAPTER V
SANCTIONS ARTICLE 14. - Violations of the rules applied by the National Health Service and Food Quality will be sanctioned with the following penalties, which replace those provided for in the respective systems: a) public or private Warning; b) Fines of up to ten million pesos ($ 10 million); c) Suspension of up to one (1) year or cancellation of registration of the respective records; d) temporary or permanent closure of establishments; e) Confiscation of products, byproducts and / or items related to the offense committed. The sanctions listed may be applied separately or jointly several of them, according to the seriousness of the infringement, the damage caused, and a history of responsible, regardless of the preventive measures taken by the Agency, according to the current legislation. When the preventive suspension of an establishment any provisions, it shall not exceed ninety (90) days, unless duly justified reasons warrant the extension of that period. For the purposes of the adoption of health measures, monitoring, verification and inspection, both preventive and those arising from infringement procedures to current regulations, the acting personnel may require the assistance of the police and request search warrants to the competent judges to ensure the proper performance of their duties.
ARTICLE 15. - The amount of penalties may be appropriate annually, as the price of live kilo category bull market Liniers or failing that replaces it, by reference to the highest price of the month March each year, a value that will apply from September of the same year. At the fines imposed and not paid on term will apply the rate of evolution of wholesale prices general level, provided by the national statistical agency, including the date that should be paid and that they are effective.
ARTICLE 16. - The sanctions will be applied by the President of the National Health Service and Food Quality, or the official on whom he delegates such authority, prior procedure to ensure the right to defense of the accused, according to the Law Administrative Procedure (law 19,549). The actions to impose sanctions expire after five (5) years from the date of the commission of the offense. Prescribing penalties imposed operate three (3) years from the date becomes final resolution that imposed it.
ARTICLE 17. - The requirements set forth in the preceding article; They are interrupted by the commission of a new offense as well as any act, administrative or judicial, that drives
//www.boletinoficial.gob.ar/pdf/linkQR/TzVDVFU0UmNYdGxycmZ0RFhoUThyQT09 proceedings for the application of the sanction or emerging perception of credit for the cause.
ARTICLE 18. - Contact the National Executive.
DADA IN THE CHAMBER OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, TWENTY-SIX DAYS TO NOVEMBER TWO THOUSAND FIFTEEN.
- Registered under No. 27233 -
JULIÁN A. DOMÍNGUEZ. - GERARDO ZAMORA. - Lucas Chedrese. - John H. Estrada.
Date of publication: 01/04/2016
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