Key Benefits:
law No. 307
LAW OF NOVEMBER 10, 2012
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Legislative Assembly Plurinational, has sanctioned the following Act
PLURINATIONAL LEGISLATIVE ASSEMBLY,
D E C R E T A:
LAW OF THE SUGAR CANE PRODUCTION COMPLEX
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1. (OBJETO). This Law is intended to regulate the activities and relations of production, of
transformation and commercial of the agricultural sector cane and agro-industrial cane, and the marketing of main products and by-products sugar cane derivatives.
ARTICLE 2. (APPLICATION SCOPE). The scope of this Law, corresponds to all persons
natural or legal, public or private, national or foreign, that form part of the Productive Complex of the Sugar Cane in the territory of the State Plurinational of Bolivia.
ARTICLE 3. (INTERNAL SUPPLY). With the aim of protecting security with food sovereignty,
the agricultural and agro-industrial sector will prioritize the supply of the internal market for the main products and by-products derived from the transformation of sugar cane.
ARTICLE 4. (DEFINITIONS).
1. Sugar Cane Production Complex: It is the set of actors, activities, structures and relationships that comprise the production, processing and marketing of main products and by-products, transcending
territories.
2. Agricultural Sector Canero: It is the universe of agricultural producers that are engaged in the cultivation of sugar cane.
3. Sector Agroindustrial Canero: It is the set of industries or mills dedicated to the processing and processing of the
sugar cane.
4. April Loss: Refers to the sucrose balance in the processing and processing of sugar cane and
corresponds to the percentage of sucrose not recovered.
5. Traceability: This is the method that allows you to identify the characteristics, location, and path of a product throughout
your production, transformation, and marketing at any given time.
6. Zafra Plan: It is the planning of the supply and delivery of the sugar cane available for processing
and transformation into the cane agroindustry.
CHAPTER II
OF THE REGIONS
SECTION I
SUGAR CANE PROVISIONING
ARTICLE 5. (PROVISIONING). The supply of raw material from the agricultural sector is recognized
to the agro-industrial sector, under the following modalities, through agreements of cooperation in the processes of production and processing of sugar cane; and so also via direct purchase of sugar cane.
ARTICLE 6. (CO-PARTICIPATION). For the cooperation agreements, the co-participation of the agricultural sector
is established in all the main products and by-products derived from the industrial processes of the sugar cane transformation, according to regulation.
ARTICLE 7. (OWNER ' S RIGHT). In the cooperation agreements, the cane agricultural sector is the owner
of the cane of sugar delivered to the agro-industrial sector and of the percentage that corresponds to the main products and byproducts resulting from the transformation performed.
ARTICLE 8. (BAN). The clauses included in the cooperation agreement that they impose on the
sugar cane producer, the use or destination of the main products or by-products of their property will be null and void.
SECTION II
TRANSFORM PROCESS
ARTICLE 9. (TECHNICAL CONTROL).
I. The Canero Technical Control is established in each ingenuity as an instance of monitoring and control of the entire process of
collection, reception, analysis and transformation of sugar cane, main products and by-products.
II. The Canero Technical Control will be integrated by accredited representatives of the sugar cane and sugar cane producers.
ARTICLE 10. (FACTORY LOSS).
I. At the national level, the variable factory loss is set to eighteen percent (18%) and will be absorbed in a shared way
between each ingenuity and its suppliers.
II. The percentage of factory loss established in this Law is considered as a standard value and may be individually modified for each ingenuity through a Supreme Decree based on technical studies performed.
III. Executive organ will coordinate with the cane agro-industrial sector and the agricultural sector to carry out the studies.
IV. In case the factory loss exceeds the established percentage, this additional loss must be assumed by the corresponding wit.
ARTICLE 11. (ZAFRA PLAN). The Plan of Zafra for the supply of raw materials, as well as their
modifications, will have to be elaborated jointly and coordinated by the agro-industrial sector with the representatives of the agricultural sector, giving priority to the sugar cane deliveries of the latter.
ARTICLE 12. COMPULSORY SUGAR CANE RECEPTION). The mills of the agro-industrial sector
are obliged to receive and receive sugar cane from the agricultural sector without discrimination, according to the Plan of Zafra, except for the supply of the raw material is higher than the daily production capacity of the wits, or does not meet the minimum technical requirements for processing.
SECTION III
, CONTROL, AND RECORD
ARTICLE 13. (CALIBRATION AND VERIFICATION OF EQUIPMENT).
I. The national agro-industrial sector must present 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 instruments that are involved in the operations of receiving raw material, production and marketing.
II. The cost of certification will be assumed by the agricultural sector and will not represent an increase in the sales price of
the main products and by-products to the consumer.
ARTICLE 14. (TRACEABILITY SYSTEM). The main product traceability system and
by-products derived from sugar cane are created, in order to know the history, location and trajectory of a product along the supply chain in a ARTICLE 15. Given the time, through certain tools, to guarantee the supply of the internal market and to protect food safety in favor of the final consumer.
ARTICLE 15. (MONITORING AND CONTROL).
I. The Ministry of Productive Development and Plural Economy, in coordination with the Ministry of Rural Development and Lands, is
to
out the monitoring and control of the activities and relations in the production processes, reception and processing of sugar cane, as well as in the storage, distribution and marketing of main products and by-products.II. The Plan of Zafra, its modifications, agreements and contracts that are signed between representatives of the agricultural sector and
agro-industrial canero, must be submitted to the Ministry of Productive Development and Plural Economy, for each wit, for approval.
ARTICLE 16. (REGISTER). For the purpose of promoting development activities of the
Sugar Cane
Productive Complex, the following mandatory compliance records are created:1. Single Code Canero. The Single Canero Code is created for the identification and registration of producers in the agricultural sector
nationwide.
2. Register of Ingenios. The Engineering Registry is created for the identification and registration of your technical specifications.
3. Other Records. The Executive Body, by means of a Supreme Decree, may determine the creation of other records that
considers necessary to comply with the purpose of this Law.
ARTICLE 17. (AUTHORIZATION FOR THE CREATION AND/OR EXPANSION OF PRODUCTION CAPABILITIES
OF THE CANE AGROINDUSTRY).
order to guarantee security with food sovereignty and the use of agricultural land, the Ministry of Productive Development and Plural Economy, and the Ministry of Rural Development and Lands, will issue an authorization for the creating and/or expanding the production capabilities of the cane agroindustry.
CHAPTER III
NATIONAL SUGARCANE CENTER
ARTICLE 18. (NATIONAL SUGAR CANE CENTRE).
I. The Executive Body by Supreme Decree, will create the National Sugar Cane Center, which will be in charge of the Institute
National Agricultural and Forestry Innovation? INIAF, with the aim of encouraging development and innovation in the production of sugar cane, and the control and monitoring of major products and by-products.
II. The canero agricultural and agricultural industrial sector will coordinate with the National Sugar Cane Center, the activities that
comply with as set out in paragraph I of this Article.
ARTICLE 19. (FUNDING SOURCES). Financing for the operation of the National Center of
Sugar Cane comes from:
1. Retention by production of sugar and retention by direct production of alcohol. The agricultural sector and the sector
agricultural industry will contribute in the same proportion, being the agricultural sector of the agricultural sector that is responsible for the retention corresponding to the agricultural sector. The retention shall not represent an increase in the selling price of sugar and alcohol to the consumer.
2. Own income, donations, international cooperation resources and fines for non-compliance in the payment of the
holds.
3. The Executive Body will manage the financing for the construction of the infrastructure of the National Center of the Cana
of Sugar.
ARTICLE 20. (RETENTIONS).
I. The retention by sugar production and the direct production retention of sugar cane alcohol is created, which will be applied to
any natural or legal person under any of the forms of economic organization recognized by the current regulations, according to the following detail:
Retention Fee Concept
Sugar Production. 0.20 Bs ./quintal
Direct production of alcohol as a principal.0.08 Bs ./litre
II. Retention fees may be modified through Supreme Decree.
III. The holds created by the present Article will be settled and paid in the form, deadlines and places established by the Authority
Executive by Supreme Regulatory Decree.
IV. The resources obtained by the holds will be allocated in the following proportion:
1. Ninety-six percent (96%) to the National Sugar Cane Center.
2. Four percent (4%) to the Authority of Taxation and Social Control of Companies, for the fulfillment of activities
of collection, control and audit of the payment of the holds established in this Article.
V. The Authority of Taxation and Social Control of Companies is empowered to collect, control and audit the correct
payment of the holds established by this Law.
CHAPTER IV
REGIME SANCTIONING
ARTICLE 21. (SANTIONS).
I. Failure to comply with the payment of retentions set forth in the preceding Article, within the time limits determined by
Regulation, will be sanctioned as follows:
1. Pecuniary penalties: Multa of up to ten per cent (10 per cent) of the amount of the withheld withholding.
2. Temporary suspension of trade registration.
II. Any natural or legal person, under any of the forms of economic organization, that does not comply with obligations established in
the current regulations regarding the payment of wages and salaries, with respect to labor and trade union rights, payment of social benefits and contributions to social security, will be sanctioned with the temporary suspension of the license of sugar cane exports, its main products and by-products. The application of this paragraph shall be regulated by Supreme Decree.
III. By Supreme Decree other penalties may be imposed for violations of this Law.
TRANSIENT DISPOSITION
ONLY: As long as there is no law This Law includes the
in the Productive Complex of the Sugar Cane, in order to guarantee full respect for their rights
FINAL PROVISIONS
FIRST. The Ministry of Economy and Public Finance, is empowered to make the modifications
corresponding budget according to the Rules of Budgetary Amendments, as long as they do not contravene with the set in this Act.
SECOND. Compliance with this Law should not be detrimental to labor stability, social benefits, and
incentives to the production of workers and workers in the Sugar Cane Productive Complex.
THIRD. The Executive Body within a period of no more than sixty (60) business days from the publication of
this Law, will issue by Supreme Decree the additional regulation required.
repealed all provisions contrary to this Law.
Remit to the Executive Body, for Constitutional purposes.
It is given in the Session Room of the Plurinational Legislative Assembly, on the nine days of October of two thousand twelve
years.
Fdo. Lilly Gabriela Montano Viana, Richard Cordel Ramírez, Mary Medina Zabaleta, David Sanchez Heredia, Luis Alfaro
Arias, Angel David Cortez Villegas.
Therefore, it is enacted so that it has and will comply with the Law of the Plurinational State of Bolivia
City of Santa Cruz, ten days of the month of November of the year two thousand twelve.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Ana Teresa Morales Olivera,
Daniel Santalla Torrez, Nemesia Acacollo Tola, Amanda Davila Torres.
