Scope And Definitions

Original Language Title: Alcances y definiciones

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PRODUCTS plant PROTECTION PRODUCTS plant PROTECTION law 27279 scope and definitions.
The Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. they attest to the force of law: CHAPTER I scope and definitions ARTICLE 1 - this law establishes minimum budgets of environmental protection for the management of empty containers of pesticides under the toxicity of the product contained, requiring differential and conditioned management.
ARTICLE 2 °-are covered in them reaches of the present law all them containers empty of plant protection used in the territory national, which must enter to a system of management Integral of containers empty of plant protection according to them guidelines established in the articulated following.
(ARTICLE 3 °-are objectives of the present law: to) ensure that the management comprehensive of them containers empty is made of a mode that not affect to the health of them people or to the environment. (b) ensure that the material recovered from the containers that have contained plant protection will not be employed in applications that may involve risks to human or animal health, or have negative effects on the environment. (c) improve the efficiency of management, whereas the structures and preexisting methods in each jurisdiction, in accordance with the principle of progressivity. (d) streamline the administrative procedures for the registration and authorisation of the subjects covered by this law. (e) establish and define the different stages and links included in the integral management of empty containers of pesticides.
ARTICLE 4 - for the purposes of this law the following definitions are established: applicator: any natural or legal, public or private person who apply or release the friendly plant protection products. Center for transient storage (CAT): that installation that is used to receive, prepare, collect and derive the empty containers of pesticides to recovery or final disposal, channels and complying with the conditions and safety requirements which the competent authorities have. Marketer: Any natural or legal person who marketed pesticides. Plant protection: Any substance or mixture of substances intended to prevent, control or destroy any harmful organism, including unwanted species of plants or animals, causing prejudice or negative interference in the production, processing or storage of plants and their products. The term includes adjuvant, phytoregulators, desiccant and them substances applied to them vegetable before or after the harvest to protect them against the deterioration during the storage and transportation. Empty containers of pesticides management: set of interdependent and complementary activities together, forming a process of actions for the handling of empty containers of pesticides, with the aim of protecting the environment and the quality of life of the population, according to the objectives and hierarchy of options of this law, from the production, generation, temporary storage transport and processing, to final disposal or use as input of another production process. Best practice of management available (MPGD): alternative more effective and advanced of management of containers facing determined context, that include the particularities of the jurisdiction corresponding, types of producers agricultural, the type of container, its composition and the phytosanitary content, between others. The MPGD must demonstrate the practical, economic, social and environmental capacity of certain management techniques to meet objectives and the hierarchy of options laid down in this law. Operator: Any natural or legal person authorized by the competent authorities to modify the physical characteristics and/or the chemical composition of any plant, so vacuum container that eliminate their harmful properties, to recover energy or material resources, or to obtain a less toxic waste or make it susceptible to safer for its transport or disposal or recovery. Registrant: Any natural or legal person who has obtained the certificate of use and marketing of a plant properly enrolled in the national registry of vegetable therapeutic of the national service for health and agro-food quality (SENASA), as set out in the regulations. Residue: Plant protection remaining in the container after emptying the contents of the same. Authorized carrier: Any physical or legal person authorized by the competent authorities for the transport from the Centre of transient storage (CAT) toward the operator and/or from this industry that meets the security requirements with those. User: Any natural or legal person who acquires pesticides for farming and as a result, generate and is holder of empty containers of pesticides.
ARTICLE 5 ° - in accordance with provisions of the General Law of the 25,675 environment and the effects of this law and of a sustainable agricultural production, are established the following guiding principles: to) extended and shared responsibility: Entendida as the duty of every one of registrants is responsible for objectively by management and its financing, with respect to containers containers of plant protection products placed by them on the national market and its consequential empty containers. In the fulfillment of this duty, must be into account the life cycle of the container and the respect by the hierarchy of options. This responsibility will be shared with the remaining links in the chain of management in the measurement of the specific obligations imposed by this law. (b) Interjurisdiccionalidad: for the purposes of this law, the competent authorities, in their agreements by interjurisdictional movement of empty containers of pesticides, not may be placed in a position of economic, social and environmental isolation. Inter-jurisdictional transit may not be banned by the provinces, but reasonably regulated. (c) simplification of procedures: for registrations and authorizations procedures derived from this law, the competent authorities and the enforcement authority, within the scope of their respective competencies, shall establish reasonable procedural simplification mechanisms.
ARTICLE 6 ° - establishes the following hierarchy of options for the Integral management of phytosanitary empty containers: to) prevention in the generation. (b) Re-use. (c) recycling. (d) valuation. (e) disposal. The reuse option only take place in those cases established regulations. The choice of a hierarchically lower management option must contemplate the MPGD.
ARTICLE 7 ° - for the purposes of this Act there are two (2) kinds of empty containers of pesticides: to) those empty containers being liable to be undergoing the waste reduction procedure laid down in article 22, les is made the same and were delivered in authorized temporary storage (CAT). (b) those empty containers which may not be subject to waste reduction procedure, either by their physical characteristics or contain substances not miscible or not dispersible in water and that have been delivered in authorized temporary storage (CAT).
ARTICLE 8 °-is prohibited all action that involves abandonment, poured, burning or burial of containers empty of plant protection in all the territory national, of the same mode that the marketing and/or delivery of containers to people physical or legal by out of the system authorized, without prejudice of them others restrictions that impose this standard.
ARTICLE 9 °-is prohibited the use of the material recovered to develop any type of products that, by their use or nature, may involve risks for the health human or animal, or have effects negative on the environment. The authority of application will define those uses prohibited of the material valued or recycled from of the application of the present.
CHAPTER II of the system of management Integral of containers empty of plant protection ARTICLE 10. (-The system shall comply with the minimum guidelines that set out below: a) formulation, operation and maintenance of the system will be the direct responsibility of registrants according to this law, without prejudice to the obligations that correspond to other subjects by this standard. (b) the period established for the formulation and presentation of the system shall be ninety (90) days run from the publication of this law in the Official Gazette. Since the adoption of the system, registrants have two hundred seventy (270) calendar days to adapt its management to the same guidelines. Overcome this term may not be marketed their products as long as do not conform to the established.

ARTICLE 11. (-He system of management Integral of containers empty of plant protection must: to) formulate procedures of management comprehensive of them containers empty of plant protection in order achieve the greater efficiency in its collection. (b) to determine specific procedures may include economic incentives that ensure the return of empty containers by the user. To such end may condition the sale of plant protection to those users that not made his return. (c) consider the adoption of forms associative of them registrants to them late of optimize the compliance of the objectives of the present law. (d) establish the general logistics for the integral management of empty containers of pesticides. (e) ensure the traceability and control of both empty containers of pesticides as the system processes. (f) adapt is to the particularities of each region productive and type of user to ensure you efficiency and safety to the system. (g) ensure the proper treatment of those containers empty of plant protection. (h) facilitate and encourage the development of capacities in each of the links in the chain in order to adapt and improve the quality of each one of the involved processes to the final destination of empty containers of pesticides. (i) propose, manage and disseminate programs and mechanisms of awareness raising and training in the proper handling of empty containers of pesticides. If there a MPGD applicable at any stage of the system, the Registrant shall be submitted to the competent authority for approval.
ARTICLE 12. -Them containers empty of phytosanitary only may manage is through the channels established by the system of management Integral of containers empty of plant protection, a time approved by the authority competent.
ARTICLE 13. (- The system will be articulated in three (3) stages: to) the user to center of transient storage (CAT): emptying a container packaging of plant protection, user and applicator shall be objectively responsible for ensuring the reduction of waste procedure. They must also separate empty containers in the two (2) classes established by article 7. Subsequently, must move them and deliver them to a center of storage transient (CAT), for which not require of any authorization specific. (b) from the center of transient storage (CAT) to the operator: received containers on the centers of transient storage (CAT), shall be classified and collected in spaces that are differentiated according to the typology established in article 7. The containers will be derived for its recovery or disposal, as appropriate, through authorized carrier. The CAT will be the responsibility of registrants and will be registered in records created for the purpose by the competent authorities as generators of empty containers of pesticides, which may be private, or mixed. They must be located in industrial areas or rural areas and comply with the requirements established with the supplementary rules. (c) from the operator to the industry: the material processed by the operator will be sent through a transporter authorised for their subsequent reintegration into a productive process, respecting the provisions of article 9. CHAPTER III of the implementing authority and the competent authorities ARTICLE 14. -The Ministry of agriculture, livestock and fisheries and the Ministry of environment and development sustainable of the Cabinet of Ministers, will be jointly the enforcement authority as reaches to establish the regulation of this law.
ARTICLE 15. (-The enforcement authority must: to) dictate the complementary norms it deems necessary to comply with this law. (b) raise awareness among the various actors on the need for training in every stage of the system. (c) assist in the control and supervision so that the empty containers of phytosanitary management in conditions of adequate security and safety and in facilities that comply with the provisions laying down the laws and regulations which in its consequence is issued. (d) to promote the establishment of mechanisms that ensure the traceability of the empty containers of pesticides during the whole of the proposed management system. (e) receive and record information from the competent authorities relating to the implementation and enforcement of this Act. (f) resolve disputes, ensuring the effective implementation of the principle of interjurisdiccionalidad. (g) create MPGD record with the information that the competent authorities provide you.
ARTICLE 16. -The enforcement authority will be assisted by an Advisory Council (1), of honorary character, which purpose is to advise and propose initiatives on topics related to this Act. Said Council shall consist of one (1) holder representative and one (1) alternate representative of each of the following public agencies: to) Secretary of agriculture, livestock and fisheries of the Ministry of agriculture, livestock and fishing. (b) secretariat of the environment and sustainable development of the Chief of Cabinet of Ministers. (c) Commission Federal phytosanitary (CFF). (d) Institute national de technology Agropecuaria (INTA). (e) Institute national de Technology Industrial (INTI). (f) service national of health and quality Agroalimentaria (SENASA). (g) Ministry of health. (h) Council Federal Agriculture (CFA). (i) Council Federal of environment (COFEMA). The enforcement authority be invited to integrate the Consultative Council to one (1) representative of each of the cameras that gather to registrants. Likewise and if necessary, may invite to participate in the meetings to public or private institutions related to the subject of this Act.
ARTICLE 17. -Competent authorities will be agencies that the provinces and the autonomous city of Buenos Aires determined to act within the scope of their jurisdictions.
ARTICLE 18. (-The competent authorities shall: to) control and supervise compliance with the present law. (b) receive and authorize management systems presented by registrants. (c) oversee the integral systems of management of pesticides. (d) assess the possibility of unify them systems of management, taking in has its integration with others, tending to the conformation of systems integrated low criteria of objectivity. (e) promote the creation of areas territorial regionalized to the effects of maximize it efficiency in the compliance of the present law, pooling regionally them efforts of implementation and control. (f) urge them mechanisms for them registrants comply with its obligation of inform to the society in its joint. (g) submit to the authority of application annually a report that accredits it management of containers implemented in their respective jurisdictions, as well as them data quantitative for evaluate the compliance of the law. (h) respecting the principles of interjurisdiccionalidad and simplification of procedures. (i) receive, approve or reject founded the MPGD. (j) promote the implementation of actions of self-management according to what established by the article 26 of the cited law 25.675.
CHAPTER IV of the registrant ARTICLE 19. (-The Registrant: to) will be responsible by the management Integral of containers empty of phytosanitary, complying the hierarchy of options according to it established in the article 6 °. (b) identify, rotulará and labelled them containers of way of ensuring the correct information of the system of management implemented. (c) shall establish, in the channels of distribution and sale, mechanisms of information that facilitate it management integral of them containers empty of plant protection. (d) should consider them aspects environmental in the design and presentation of them containers of plant protection, of form of minimize the generation of waste and facilitate the recovery of them themselves. (e) where commits conventions with entities public or private for facilitate the activities of the system of management, must report truthfully to them authorities competent. f) shall draw up and implement training and awareness programs on proper handling of empty containers of pesticides. The information established in articles 22 and 23 of this law shall be included, without exception, on the label or failing, in the package leaflet or primer attached to the product.
CHAPTER V user ARTICLE 20. (-The user will ensure: to) carry out, on their own or by applicators, the reduction procedure of phytosanitary residues in empty containers as set out in article 22 of this law. (b) the temporary storage of empty containers of pesticides on their own or by

applicators, in places appropriate and so not affect to the environment and the health, having of until a (1) year of term for his return starting from the date of purchase. (c) the training of personnel in environmentally appropriate management of empty containers of pesticides. (d) compulsory delivery of all containers in the CAT, moving them so that do not affect health and the environment. Packaging corresponding to paragraph a) which have not been subjected to the technique of waste reduction will be considered within the subparagraph b) of article 7. In the case that the user not effected on their own or third-party procedure of reduction of phytosanitary residues in empty containers, must meet the costs of the management of packaging corresponding to subparagraph (b)) of article 7 of this law.
CHAPTER VI of the marketer ARTICLE 21. (-The marketer must: to) deliver to the user along with the invoice, all the information concerning the management system adopted by the registrant. It shall include at least the term of return of empty containers of pesticides, methods of storage on the grounds, container transportation and places of reception enabled mode. (b) collaborate with the Registrant for the implementation of the system of management adopted, in what respect to the Administration and management of them centers of storage transient (CAT).
CHAPTER VII of the procedure for the reduction of waste of plant protection ARTICLE 22. -Set as a compulsory procedure to reduce phytosanitary residues in empty containers throughout the national territory, the procedure for the washing of rigid containers of pesticides miscible or dispersible in water, according to IRAM 12069 standard or norm which promptly replace it. The enforcement authority shall evaluate and may authorize new procedures that are superadores of the cited standard as a result of the optimization of the processes of production or technological innovations.
ARTICLE 23. -Is prohibited to carry out the procedure laid down in article 22 entire load of water that involves direct contact with sources and reservoirs of water, by immersion of the empty container plant.
CHAPTER VIII traceability ARTICLE 24. -Create unique traceability system. He same will have by object allow the monitoring permanent of them systems of management with them reaches that set the regulations of the present law and must harmonize is with it willing by them records created and/or to create is for issues related to the present.
CHAPTER IX sanctions ARTICLE 25. -Them authorities competent must punish the breach of the provisions of the present law and of them regulatory regulatory that in its consequence is dictate. (The sanction, according to their gravity, recidivism and nature, can be: to) warning. (b) pecuniary fine of three hundred (300) and ten thousand (10,000) salary of the initial category of the national public administration. (c) suspension of the activity of thirty (30) days until one (1) year, according to the circumstances of the case. (d) closing temporary or permanent, total or partial. (e) part obligation to publish damning operative in charge of the offender. The sanctions are not mutually exclusive and may be applied concurrently, preliminary summary statement that ensures the right of defence, in accordance with the rules of procedure that apply. The previous sanctions does not exclude the application of the civil or criminal penalties which may be applicable.
ARTICLE 26. -In cases of recidivism, the sanctions provided for in the preceding article may be multiplied by a figure equal to the amount of committed relapse. Is it considered recurrent which, within a period of five (5) years preceding the date of Commission of the offence, has been sanctioned by other similar offences.
ARTICLE 27. -When the infringing is a person legal, their partners and members will be jointly and severally responsible of the sanctions established in them articles preceding, together with their directors, administrators or managers.
ARTICLE 28. -Funds received in respect of the fines referred to in article 25 should be used to meet the objectives of this Act. For this purpose, the competent authorities may be destined to environmental compensation fund created by article 34 of the General Law of the 25,675 environment.
ARTICLE 29. -The action to impose penalties for breaches of this Act and its regulations, prescribed five (5) years, from the date of the Commission of the offence. In the case of continued fouls, five (5) years from the Commission of the last infringement.
ARTICLE 30. -The punishment is extinguished by prescription, to the five (5) years since the administrative penalties act acquired firmness.
ARTICLE 31. -The national executive branch shall regulate this law within one period not exceeding sixty (60) days of its enactment. ARTICLE 32. -Communicate to the national executive power.
-REGISTERED UNDER NO. 27279 - EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -John p. Tunessi.
Buenos Aires, 7 October 2016 by virtue of the prescribed in article 80 of the Constitution, I certify that the law N ° 27.279 (IF - 2016-02018246-APN-SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION September 14, 2016, has been enacted in fact day, October 6, 2016. Register for publication to the national official registry, rotate copy to the HONOURABLE CONGRESS OF THE NATION, and for their knowledge and other effects, refer to the SUSTAINABLE DEVELOPMENT and ENVIRONMENT MINISTRY and the MINISTRY OF agro-INDUSTRY. Fulfilled, archived. -Paul Clusellas.

Date of publication: 11/10/2016