The Animal And Plant Health

Original Language Title: Sanidad de los Animales y Vegetales

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Declaration of interest national declaration of interest national law 27233 health of animals and vegetables. Adopted: 26 November 2015 promulgated: 29 December 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: chapter I statement of interest national 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 production national silvoagropecuaria, flora and fauna, the quality of raw product of silvo-agriculture livestock and fishing, as well as also the production, safety and quality of agro food, specific agricultural inputs and the control of chemical and microbiological contaminants and chemical residues in food and national and international trade of such products and by-products. Sanitary and phytosanitary measures as defined in the agreement on the application of sanitary and phytosanitary of the World Trade Organization (WTO), approved by law 24.425 are included in the scope of this law. This statement covers all stages of primary production, processing, transformation, transport, marketing and consumption of agri-food control inputs and agricultural products entering the country, and also productions family or artisanal farming with destination marketing, subject to the jurisdiction of the national health authority.
Declaration of order public article 2 - national standards by which facilitated or regulates the development of actions to preserve animal health and the protection of plant species, and the condition of hygienic-sanitary food farming with the scope set forth in the preceding article are declared public order.
RESPONSIBILITY by the actors of the chain food article 3 ° - is the primary and inescapable responsibility of any natural or legal person linked to production, obtaining or industrialization of products, by-products and derivatives of origin silvo - agriculture and fisheries, whose activity is subject to the Comptroller's authority for the application of this Act the watch and respond by the health, safety, hygiene and quality of its production, in accordance with the existing rules and that in the future be established. This responsibility extends to those who produce, develop, diverge, retain, deposit, focus, transported, market, sell, import or exported animals, plants, food, raw materials, additives, reproductive material, pet foods and their raw materials, fishery products and other products of animal or vegetable origin acting on individual, joint or successive, form in the agri-food chain.
Article 4 - the intervention of the competent health authorities, as appropriate to its control activity, does not exempt direct or solidary responsibility of the different actors of the food chain with respect to risks, hazards, or damage to any third party arising from the activity of these.
Chapter II authority of application article 5 - national service for health and agro-food quality, in the role of decentralized with autarky, economic-financial and administrative body with own legal personality, in the field of public and private law in the jurisdiction of the Ministry of agriculture, livestock and fishing, is the implementing authority and responsible for planning, implementing and controlling the development of the actions provided for in this Act.
THE powers and faculties of the SENASA article 6° - for the fulfilment of the responsibilities assigned in the article that precedes, national agrifood health and quality service will have competencies and powers specifically granted the legislation in force. For the purposes of the provisions of this law and the fulfilment of the objectives of the national system of food Control created by 815 Decree of 26 July 1999, is also authorised to establish procedures and systems to control public and private health and quality of animals and plants and federal traffic , imports and exports of products, by-products and derivatives of animal and vegetable origin, these last in the stages of production, processing and storage, corresponding to its jurisdiction, agri-food products, farmaco-veterinarios and plant protection, fertilizer and amendments, adapting control and hygienic-sanitary certification systems currently used.
Article 7 ° - in order to attend to the better enforcement responsibilities assigned under this Act or the health programmes or research that is running, or in order to complement its operational decentralization, the national health service and food quality may promote the establishment of an institutional network with civil agreement with academic institutions or non-profit associations , professional associations, official entities national, provincial or municipal, public, private or mixed, unavailable after signing of the agreement, in order to run, in joint and coordinated way, actions, sanitary and phytosanitary, applied research, of research production, public control or agri-food in areas of its competence certification, verifying compliance with the regulations in force in the matter. The provision of services by health authorities, during the period that are required, is considered public health care service. Execution outside the parameters of the agreement and/or legislation, suspension, interruption, cessation or the denial of such services, directly or indirectly, shall be deemed serious offence and will be liable to the sanctions laid down for this purpose, including the termination of agreements and applicable, exclusion from the system.
Article 8 ° - establishments, companies and/or responsible for primary production, processing, conservation, distribution, transport and trade of agri-foods that make federal traffic or export or imported into the country, must implement programs or plans of self-regulation (hazard analysis and critical points of Control HACCP) and other food assurance systems established and approved by the Servicio Nacional de Sanidad y Calidad Agroalimentaria , and can they be monitored and verified its application by health authorities referred to in article 7 of this law.
Chapter III obligations of the bodies health article 9 - approval of sanitary and phytosanitary national or provincial programs of regional and/or provincial implementation will involve, for healthcare entities, the obligation of respecting the tariff values established for benefits Manager, maintain benefits of these during the agreed period and conform to the standards laying in the exercise of its powers and duties the national agrifood health and quality service. In the case of the fight against FMD, you should adjust to the law 24.305.
ARTICLE 10. -Health authorities constituted or that they constitute, or other intermediate entities, shall possess legal personality and demonstrate technical, administrative and financial capacity sufficient for the development of sanitary actions entrusted to them.
ARTICLE 11. -In case of alert or sanitary or phytosanitary emergency, whatever its scope, declared by the Servicio Nacional de Sanidad y Calidad Agroalimentaria, services provided by local sanitary or phytosanitary emergency for the duration shall comply strictly with directives which in effect provided the aforementioned body.
CHAPTER IV OF THE RESOURCES AND THE BUDGET ARTICLE 12. -For the fulfilment of its objectives and the provisions of this Act, the national service for health and agro-food quality will have the resources established by the Decree 1,585 of the 19 December 1996 and its amending, as well as by those which have been assigned him by the regulations in force. article 13. -Annually, the national agrifood health and quality service will draw up its budget, which will include all resources and planned expenditures, and will form an operating budget and other operating.

ARTICLE 14. (-Violations of the standards applied by the Servicio Nacional de Sanidad y Calidad Agroalimentaria will be sanctioned with penalties following, which replace those provided for in the respective frameworks: a) warning public or private; (b) fines of up to ten million pesos ($ 10,000,000); (c) suspension of up to one (1) year or cancellation of the registration of the respective records; (d) temporary or permanent closure of the establishments; e) confiscation of products, by-products or items related to the offence committed. Listed sanctions may be applied separately or shaped several of them jointly, in accordance with the gravity of the infringement, damage, and responsible for background, and regardless of the preventive measures dictated by the body, according to the legislation in force. When the preventive suspension of an establishment has been arranged, the same may not exceed ninety (90) days, unless duly justified reasons warrant the extension of this period. For the purposes of the adoption of sanitary actions, control, verification and supervision, both preventive as that derived from infringement proceedings current regulations, acting staff may require the help of the police and request search warrants from judges competent to ensure the proper execution of their duties.
ARTICLE 15. -The amount of the sanctions may be appropriate annually, as category per live kilo quote novillo Liniers market or which otherwise replace it, taking as a reference the higher quote of the month of March of each year, value to be applied from the month of September of the same year. The fines that are imposed and are not paid in term applies them the evolution of wholesale price index general level, provided by the national statistical agency, between the date that should be paid and that is made effective.
ARTICLE 16. -The penalties will be enforced by the President of the national service for health and agro-food quality, or official entitlement, this delegated prior procedure that ensures the right to defence of the accused, according to the law on administrative procedure (Law 19.549). Actions to impose sanctions shall be extinguished after five (5) years, from the date of the Commission of the offence. The prescription of the sanctions that are imposed will operate at three (3) years, from the date that the resolution which imposed it has been firm.
ARTICLE 17. -The requirements laid down in the preceding article; they are interrupted by the Commission of a new offence, as well as any act, administrative or judicial, prompting the procedure conducive to the implementation of the sanction or the perception of emerging credit for such cause.
ARTICLE 18. -Communicate to the national executive power.
-REGISTERED UNDER NO. 27233 - JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -John H. Estrada.

Publication date: 01-04-2016