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LAW Nº 307 law of 10 November of 2012 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law the Assembly Legislative PLURINACIONAL, D E C R E T A: law of the complex production of the CANE of sugar chapter I provisions general article 1. (OBJECT). The present law has by object regular them activities and relations productive, of transformation and commercial of the sector agricultural cane and agro-industrial cane, and the marketing of products main and by-products derived of the cane of sugar.
ARTICLE 2. (SCOPE OF APPLICATION). The scope of this law, corresponds to all persons, natural or legal, public or private, national or foreign, that are part of the complex production of sugar cane in the territory of the plurinational State of Bolivia.
ARTICLE 3. (INTERNAL SUPPLY). With the aim of ensuring security with food sovereignty, agriculture and agro-industrial canero, you prioritize the supply of the domestic market of the main products and by-products derived from the processing of sugar cane.
ARTICLE 4. (DEFINITIONS).
1. productive complex of sugar cane: is the set of actors, activities, structures and relationships that comprise the production, processing and marketing of major products and by-products, transcending territories.
2. sugarcane agricultural sector: Is the universe of farmers who are dedicated to the cultivation of sugar cane.
3. cane agro-industrial sector: It is the set of industries and Mills engaged in the processing and transformation of sugar cane.
4 manufacturing loss: Refers to the balance of sucrose in the processing and transformation of sugar cane and corresponds to the percentage of sucrose not recovered.
5. traceability: It is the method allowing to identify the characteristics, location and trajectory of a product throughout its production, processing and marketing at any given time.
6 harvest plan: is planning the procurement and delivery of cane sugar available for processing and transformation in the sugarcane agroindustry.
CHAPTER II OF THE REGULATION SECTION I ARTICLE 5 SUGARCANE SUPPLY. (PROVISIONING). Recognizes the provisioning of raw sugarcane agriculture to sugarcane agroindustrial sector, under the following modalities, via cooperation agreements in the processes of production and processing of sugar cane; and thus also via direct purchase of sugar cane.
ARTICLE 6. (PARTNERSHIP). To the cooperation agreements, settles the co-participation of the sugarcane agricultural sector in all major products and by-products of industrial processes of transformation of sugarcane, according to regulation.
ARTICLE 7. (PROPERTY RIGHTS). In the cooperation agreements, the sugarcane agricultural sector is the owner of cane sugar delivered to the sugarcane agribusiness sector and the percentage that corresponds the main products and by-products resulting from the carried out transformation.
ARTICLE 8. (PROHIBITION). The clauses included in the cooperation agreement which impose on the producer of sugar cane, the use or destination of the main products or by-products of your property will be null.
SECTION II PROCESSING ARTICLE 9. (CONTROL TECHNICAL CANE).
I Control technical Cañero sets in every wit as an instance of monitoring and control of the entire process of collection, receipt, analysis and processing of cane sugar, main products and by-products.
II. the Control technical cane will be integrated by representatives accredited in the wit and of producers of cane of sugar.
ARTICLE 10. (MANUFACTURING LOSS).
I national level sets variable manufacturing loss up to eighteen percent (18%) and it will be absorbed in manner shared between every wit and its sugarcane suppliers.
II. the percentage of manufacturing loss established in this law, is considered as a standard value and can be individually modified for each wit through Supreme Decree based on technical studies.
III. the Executive Body will coordinate with cane agribusiness and the sugarcane agricultural sector for carrying out the studies.
IV. in the event a manufacturing loss exceeds the established percentage, this additional loss must be assumed by corresponding wit.
ARTICLE 11. (HARVEST PLAN). The harvest Plan for the procurement of raw materials, as well as their modifications, shall be drawn up jointly and coordinated by the sugarcane agribusiness sector with representatives of the sugarcane agricultural sector, giving priority to deliveries of sugar of the latter.
ARTICLE 12. (MANDATORY FOR RECEIPT OF SUGAR CANE). The sugar cane agroindustrial sector, have an obligation to receive and receive the cane of sugar cane agriculture without discrimination, according to the Plan of Zafra, unless the supply of raw exceeds the capacity of daily production of wit, or does not meet the minimum technical requirements for processing.
SECTION III MONITORING, CONTROL AND REGISTRATION ARTICLE 13. (CALIBRATION AND VERIFICATION OF EQUIPMENT).
I. the sugarcane agribusiness sector at the national level are required at the beginning and throughout the period of the harvest, certificates of calibration of equipment issued by the Bolivian Institute of metrology? IBMETRO, of those tools that are involved in the reception of raw materials, production and marketing operations.
II. the cost of certification will be assumed by the sugarcane agribusiness sector and will not represent an increase in the price of the main products and by-products for sale to the consumer.
ARTICLE 14. (TRACEABILITY SYSTEM). The traceability system of main products and by-products derived from sugar cane, is created in order to know the historic, location and the path of a product throughout the supply chain at any given time, via certain tools, to ensure the supply of the domestic market and ensuring food safety for the final consumer.
ARTICLE 15. (MONITORING AND CONTROL).
I empower the Ministry of productive development and Plural economy, in coordination with the Ministry of Rural development and land, to carry out the monitoring and control of activities and relationships in the processes of production, reception and processing of sugar cane; as well as in the storage, distribution and marketing of main products and by-products.
II. the harvest Plan, its modifications, agreements and contracts which have been agreed between representatives of the sugarcane agricultural and agroindustrial cañero, must be sent to the Ministry of productive development and Plural economy, every genius, for his approval.
ARTICLE 16. (LOG). In order to promote development of the complex production of sugar cane, the following mandatory compliance records are created: 1. Cañero unique code. Creates the grower only code for the identification and registration of producers of the sugarcane agricultural sector at the national level.
2. registration of mills. Creates sugar registration for the identification and registration of their technical specifications.
3. other records. The Executive Branch, by means of Supreme Decree, may determine the creation of other records deemed necessary to accomplish the purposes of this Act.
ARTICLE 17. (AUTHORIZATION FOR THE CREATION OR EXPANSION OF PRODUCTION CAPACITIES OF THE SUGAR CANE AGRO-INDUSTRY).
In order to ensure safety with food sovereignty and the use of agricultural land, the Ministry of productive development and Plural economy, and the Ministry of Rural development and land, they will issue an authorization for the creation and/or expansion of the production capacities of the sugarcane agroindustry.
CHAPTER III NATIONAL CENTRE OF SUGARCANE ARTICLE 18. (NATIONAL CENTER OF SUGAR CANE).
I. the executive body by Supreme Decree, will create the Center national of sugar cane, which will be in charge of the National Institute of farming and forestry innovation? INIAF, with the aim of encouraging development and innovation in the production of sugar cane, and the control and monitoring of main products and by-products.
II. the sugar agro-industry and agricultural grower will coordinate with the National Center of the cane of sugar, activities that give effect to the provisions of paragraph I of this article.
ARTICLE 19. (FUNDING SOURCES). Funding for the operation of the National Center of the sugar cane comes from: 1. check for production of sugar and retention for direct production of alcohol. Sugarcane agriculture and sugarcane agroindustrial sector will contribute at the same rate, being the sugarcane agribusiness sector corresponding to the sugarcane agriculture retention Manager. Retention will not represent an increase in the price of sugar and alcohol for sale to the consumer.
2. earned income, grants, resources from international cooperation and penalties for non-compliance in the payment of the withholding.
3. the Executive Body will manage the financing for the construction of the infrastructure of the National Center of the sugar cane.
ARTICLE 20. (DEDUCTIONS).
I created the retention by sugar production and retention by direct production of alcohol from sugar cane, which applies to
any natural or legal person under any of the forms of economic organization recognized by legislation, as follows: concept retention quota production of sugar. Bs. 0.20 / quintal direct production of alcohol as a product principal.0, 08 Bs. / litre II. Retention fees may be amended by Supreme Decree.
III. the deductions created by this article cleared and paid in the form, time and places to establish the executive body through regulatory Supreme Decree.
IV. the resources obtained by withholding will be allocated in the following proportions: 1. Ninety -six percent (96%) to the National Center of the sugar cane.
2 four per cent (4%) to the authority of control and Social Control of companies, for the performance of activities of fundraising, control and supervision of payment of retention set out in this article.
V. It empowers the authority of control and Social Control of companies, to carry out the collection, control and supervision of correct payment of the tax established by this law.
CHAPTER IV ARTICLE 21 PENALTIES REGIME. (SANCTIONS).
I. the non-payment of deductions laid down in the preceding article, within certain deadlines by regulation, shall be punished in the following manner: 1. fines: fine of up to ten per cent (10%) of the amount of retention unfulfilled.
2. temporary suspension of the registration of trade.
II. any natural or legal person under any form of economic organization, which fails to comply with obligations set out in the regulations concerning the payment of wages and salaries, with respect to the labour and trade union rights, payment of social benefits and contributions to social security, will be punished with a temporary suspension of the license of exports of sugar cane its main products and by-products. The implementation of the present paragraph shall be regulated by Decree Supreme.
III. by Supreme Decree may establish other penalties for breaches of this Act.
AVAILABLE TRANSIENT only: insofar as not exist a law special that adjust and protect the work agricultural of them zafreras and them zafreros, the scope of the present law includes to them same in the complex productive of the cane of sugar, to ensure the full respect to their rights.
FINAL PROVISIONS FIRST. The Ministry of economy and finance, is empowered to perform the appropriate according to the rules of budget changes budgetary amendments, provided they do not contravene with the provisions of the present law.
THE SECOND. The fulfillment of this law should not be at the expense of stability of employment, social and incentive benefits to women workers and workers in the complex production of sugarcane production.
THIRD. The Executive branch in one period not exceeding sixty (60) business days from the publication of this law, be issued by Supreme Decree required complementary regulations.
All provisions contrary to this law are repealed and repealed.
Refer to the Executive Branch, for constitutional purposes.
It is given in the room of sessions the Assembly Legislative multinational, to the nine days of the month of October of two thousand twelve years.
FDO. Lilly Gabriela MONTAÑO Viana, Richard Twine Ramirez, Mary Medina Zabaleta, David Sánchez Heredia, Luis Alfaro Arias, Angel David Cortez Villegas.
I therefore enacted it is and meets as law of the plurinational State of Bolivia city of Santa Cruz, on the tenth day of the month of November in the year two thousand twelve.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Ana Teresa Morales Olivera, Daniel Santalla Torrez, Nemesia Achacollo Tola, Amanda Davila Torres.
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