Advanced Search

Decree No. 7775, Of 4 July 2012

Original Language Title: Decreto nº 7.775, de 4 de Julho de 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE N 7,775, OF July 4, 2012

Regulamenta the art. 19 of the Law n 10,696, of July 2, 2003, which institutes the Food Acquisition Program, and Chapter III of the Law n 12,512, of October 14, 2011, and gives other arrangements.

THE CHAIRWOMAN OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, caput, incisos IV and VI, point "a" of the Constitution, and with a view to the provisions of the art. 19 of Law No. 10,696, of July 2, 2003, and in Law No. 12,512 of October 14, 2011,

D E C R E T A:

Art. 1 ° This Decree regulates the art. 19 of Law No. 10,696 of July 2, 2003 establishing the Food Acquisition Programme-PAA, and Chapter III of Law No. 12,512, of October 14, 2011.

Paragraph single. The Ministry of Social Development and Combating Hunger, the Ministry of Agrarian Development and the Gestor Group of PAA-GGPAA, within the framework of its competences, will be able to fix supplementary provisions on the PAA.

CHAPTER I

OF THE PURPOSES OF THE ACQUISITION PROGRAM

DE FOODS

Art. 2 ° The PAA integrates the National Food and Nutritional Safety System-SISAN, instituted by the Law no 11,346, of September 15, 2006, and has the following purposes:

I-encouraging family farming, promoting its economic and social inclusion, with fostering production with sustainability, processing, industrialization of food and generation of income;

II -to encourage the consumption and valorisation of food produced by family farming;

III-promoting access to food, in quantity, quality and regularity necessary, to people in situation of food and nutritional insecurity, under the perspective of the human right to adequate and healthy food;

IV-promoting the food supply by means of government purchases of food, including to provide school food in the municipal, state, district, and federal ambits, and in the areas covered by public consortia;

V-constitute public stockpiles of food produced by family farmers;

VI-supporting the formation of stockpiles by the cooperatives and too many formal organizations of family farming;

VII-strengthen local and regional circuits and marketing networks;

VIII-promoting and valuing biodiversity and organic and agroecological food production, and encourage healthy eating habits at a local and regional level; and

IX-stimulate the cooperativism and the associativism.

CHAPTER II

OF THE AUDIENCE OF THE ACQUISITION PROGRAM

DE FOODS

Art. 3 ° The beneficiaries of the PAA will be suppliers or consumers of food.

Art. 4 ° For the purposes of this Decree, consider:

I-consumer-individuals-individuals in a situation of food and nutritional insecurity and those met by the socio-assistive network, by food and nutrition equipment and, under specific conditions set by the GGPAA, by the public and philanthropic network of teaching;

II-beneficiary suppliers-public apt to provide food to the PAA, which are, the family farmers, settlement of agrarian reform, foresters, aquicultors, extractivists, artisanal fishermen, indigenous and integral communities of rural quilombos and other traditional peoples and communities, which meet the requirements provided for in the art. 3 ° of Law No. 11,326 of July 24, 2006; and

III-supplier organizations- co-operatives and other formally constituted organizations as a private law legal person holding the Declaration of Aptitude to the National Family Agriculture Program-PRONAF-DAP Special Legal person or other defined documents by resolution of the GGPAA.

§ 1 ° The beneficiary beneficiaries will be identified by their enrollment in the Physical Persons Cadet-CPF of the Brazilian Federal Revenue Ministry of the Ministry of Finance.

§ 2 ° The proving of the suitability of the suppliers' suppliers shall be made by means of the submission of the Declaration of Suitability to the PRONAF-DAP or by other documents defined by the Ministry of Agrarian Development, in articulation with other organs of the federal public administration, in their respective areas of acting.

§ 3 ° The participation of women, among the providers' beneficiaries, should be encouraged.

§ 4 ° The supplier organizations, within the framework of the PAA, will only be able to sell products from beneficiaries suppliers.

§ 5 Among the organizations apt to participate in the Program, will be prioritized those consisting of women.

CHAPTER III

OF THE ACQUISITION AND TARGETING OF FOODS

Section I

From Acquisition of Aliments

Art. 5 ° The procurement of food under the PAA may be carried out with dispensation of the bidding procedure, provided that it is met, cumulatively, the following requirements:

I-the prices are compatible with the victors on the market, in local or regional scope, awounded and defined second methodology instituted by the GGPAA;

II-the beneficiaries and supplier organizations prove their qualification, in the form indicated in the incisos II and III of the art's caput . 4 °, as the case;

III-be respected the maximum annual or semestral value for food purchases, by family unit, or by organization of family farming, as per the provisions of the art. 19; and

IV-the purchased food from the suppliers ' own production and comply with the quality control requirements laid out in the prevailing standards.

Para. single. GGPAA will establish differentiated price definition methodology for agroecological or organic food and procedure for its purchase, observed the provisions of the single paragraph of the art. 17 of Law No. 12,512, of 2011.

Art. 6 ° The food acquisition is expected to reconcile the demand for food security promotion shares with the supply of products by the PAA's supplier beneficiaries.

Art. 7 ° Food takeovers will be carried out preferentially through supplier organizations that have in their social framework beneficiaries priority suppliers defined by GGPAA.

Paragraph single. The National Company of Supply-CONAB will prioritize, within the framework of the PAA, the procurement of food from supplier organizations.

Art. 8 ° Powers shall be acquired, in the framework of the PAA, seeds, seedlings and other propagative material of food crops, up to the limit of five percent of the annual budget allocation of the Programme, respected the limits of participation described in art. 19, to stimulate food production, combat poverty and the promotion of food and nutritional security.

§ 1 ° The seeds, seedlings and other propagative material of food crops, to be acquired within the framework of the PAA, will fulfill the requirements of the prevailing standards inclusive as to the certification or enrollment of these products, from the farmer or his organization.

§ 2 ° It is admitted to the acquisition of seeds of local cultivar, traditional or creole, to be intended for the public beneficiary of the Programme as per § 4 ° of the art. 9 °, dispensed:

I-the enrollment of the cultivar in the National Registry of Cultivars, provided for in the art. 11 of Law No. 10,711 of August 5, 2003, met the standards set by the Ministry of Agriculture, Livestock and Supply, as per accredited laboratory analysis; and

II-the inscription of the producer of the seeds in the National Register of Seeds and Mudas-Renasem, provided for in the art. 8th of Law No. 10,711 of 2003.

§ 3 ° The conditions for the acquisition and targeting of seeds, mute and other propagative material of food crops will be defined by GGPAA.

Section II

From the Destination of Purchased Foods

Art. 9 ° The food purchased in the framework of the PAA will be targeted for:

I-the consumption of people or families in a situation of food and nutritional insecurity;

II-the supply of the socio-assistential network;

III-the supply of food equipment and nutrition;

IV-the supply of the public and philanthropic network of education;

V-a constitution of public food stocks, intended for social supply shares or sale; and

VI-the fulfilment of other demands defined by the GGPAA.

§ 1 ° The Ministry of Social Development and Combat à Fome will establish conditions and criteria for direct distribution of food to the consumers and participation and prioritization of integral entities of the socio-assistement and equipment network.

§ 2 ° The population in situation of food and nutritional insecurity arising from emergency situations or public calamity, recognized pursuant to Law No. 12,340, of 1 ° de December 2010, could be met, within the framework of the PAA, in complementary character and articulated to the acting of the Ministry of National Integration, through the National Secretariat of Civil Defence.

§ 3 ° The supply of the public and philanthropic network of education will have supplementary character to the National Programme of School Feeding-PNAE, provided for in Law No. 11,947, of June 16, 2009, and will consider the priority areas and public defined by the GGPAA.

§ 4 ° The seeds, seedlings and other propagative material of food crops acquired under the PAA will be targeted to priority beneficiaries or consumers, as per resolution of the GGPAA.

Art. 10. Public stockpiles of food constituted under the PAA will be managed by the Ministry of Agriculture, Livestock and Supply, in articulation with the Ministry of Agrarian Development and the Ministry of Social Development and Combat à Hunger.

§ 1 ° Public stockpiles of food constituted with resources of the Ministry of Social Development and Combat to the Famine will be given priority, and may be sold only in exceptional cases, upon its authorization.

§ 2 ° Public stocks of food constituted with resources of the Ministry of Agrarian Development will be given priority in giving, admitted to donation, if characterized a of the following situations:

I-service to food security promotion actions and nutritional;

II-risk finding of the loss of quality of stocked foods; or

III-impossibility of removal, of maintenance in stocks or of sale of the foods, justified by issues of economicity related to logistics.

§ 3 ° In the situations provided for in § 2, public food stockpiles will be transferred to the Ministry of Social Development and Combat to the Famine for the realization of the donation.

Art. 11. The sale of the purchased foods under the PAA will be carried out by electronic or over-the-counter auctions and will have as goals:

I-contribute to regulate the food supply;

II-strengthen local and regional circuits of commercialization;

III-promoting and valuing biodiversity; and

IV-encouraging healthy eating habits at the local and regional level.

§ 1 ° The selling value of the over-the-counter products will follow methodology to be defined by the GGPAA.

§ 2 ° In emergency situations or state of calamity, recognized pursuant to Law No. 12,340, of 2010, sales at a stockpile of stocks constituted with resources of the Ministry of Agrarian Development, for supplier beneficiaries, with up to fifty per cent over the market value, of products intended for animal feed.

§ 3 ° The GGPAA will establish hypotheses of concession of the toll, form of application, limits of sale per family unit and the effective value of the dearth for each case.

Section III

From Payment to Vendors

Art. 12. Payment for the food purchased under the PAA will be carried out directly to the beneficiary beneficiaries or by means of supplier organisations.

Paragraph single. The values to be paid to the beneficiary beneficiaries directly or through supplier organizations will be the reference prices of each product or the prices defined as methodology set out by GGPAA.

Art. 13. In the payment hypothesis by means of supplier organisations, the operational costs of transport, storage, upgrading or processing may be deducted from the value to be paid to the providers ' suppliers, provided that they previously agreed with these beneficiaries.

§ 1 ° Organisations should inform the values effectively paid to each of the beneficiaries, observed the periodicity and the procedures defined by the GGPAA.

§ 2 ° The release of new payments to the organization will be conditioned to the sending of the information provided for in § 1 °.

§ 3 ° The payment through supplier organizations will be realized from the opening of bank account specific that allows for the follow-up of its motion, by the executor and gestural units.

§ 4 ° The supplier organisation should keep archival the documents proving the payments to the beneficiary beneficiaries for the minimum term of five years.

Art. 14. Payment to the beneficiary beneficiaries should be preceded by proving the delivery and quality of the food, by means of tax and receiving term paper and acceptability.

Paragraph single. The term of receipt and acceptability may be waived in acquisitions in the modalities Incentive to Production and Milk Consumption, Direct Purchase, Institutional Purchase and Support for Inventory formation, provided that the attest of delivery and quality of the food is made by the Executive Unit in the tax document itself.

Art. 15. The term of receipt and acceptability should contain, at a minimum, the following information:

I-the date and place of delivery of the foods;

II-the specification of foods, as to quantity, quality and price;

III-the responsible for the receipt of the foods; and

IV-the identification of the supplier beneficiary or of the supplier organization, as the case.

Paragraph single. GGPAA will be able to establish other information to be required in the term of receipt and acceptability.

Art. 16. The term of receipt and acceptability should be issued and signed:

I-by agent public assigned by the Program's executor unit, should the food be delivered directly; or

II-by representative of organs or entities of the socio-assistive networks, of food and nutrition equipment, and of teaching, defined in the inciso I of the caput of art. 4 °, and referendums by representative of the executor unit, if the food is delivered directly by the beneficiary or organization supplier to these organs or entities.

CHAPTER IV

OF THE PROGRAM EXECUTION MODALITIES

OF FOOD ACQUISITION

Art. 17. The PAA will be run in the following modalities:

I-Purchase with Concurrent Donation-purchase of diverse food and concurrent donation to entities from the socio-assistive network, to public food and nutrition equipment and, under specific conditions set by the GGPAA, to the public and philanthropic network of education, with the aim of attending local demands for food supplementation of people in situation of food and nutritional insecurity;

II-Direct purchase-purchase of GGPAA-defined products, with the aim of sustaining prices, meeting the demands of food and network access programs socio-assistive and constitute public stocks;

III-Incentive to Production and Consumption of Milk-purchase milk that, after benefiting, is donated to the consumers ' beneficiaries;

IV-Support for the Training of Stockpiles-financial support for the constitution of food stocks by supplier organizations, for further marketing and return of resources to the Public Power or targeting of public stocks;

V-Institutional Buyout- purchase aimed at the fulfillment of regular food consumption demands by the Union, states, Federal District and Municipalities; and

VI-other modalities defined by the GGPAA.

Art. 18. The implementation modalities of the PAA will be disciplined by the GGPAA through specific resolutions.

Art. 19. The participation of the beneficiaries and supplier organisations, as provided for in the incisors II and III of the caput of the art. 4 °, you will follow the following limits:

I-per family unit:

a) R$ 4,500.00 (four thousand and five-hundred reais), per year, in the Purchase modality with Concurrent Donation;

b) R$ 8,000.00 (eight thousand reais), per year, in the Direct Purpose modality;

c) R$ 4,000.00 (four thousand reais), per semester, in the modality Incentive to the Production and Consumption of Leite;

d) R$ 8,000.00 (eight thousand reais), per year, in the modality Supporting the Training of Stocks;

e) R$ 8,000.00 (eight thousand reais), per year, in the modality Institutional Purpose; and

f) until 8,000.00 (eight thousand reais), per year, in the remaining modalities defined by the GGPAA; and

II-by supplier organization, respected the limits per family unit:

a) R$ 1,500,000.00 (one million and five hundred thousand reais), per year, in the modality Support for Inventory formation; and

b) value to be defined depending on the number of beneficiary beneficiaries contemplated in the acquisition for the remaining modalities, met the limits set in the inciso I of the caput.

§ 1 ° The supplier beneficiary will be able to participate in more than one modality, provided that the total value to be received per family unit in the year does not exceed R$ 8,000.00 (eight thousand reais), to the exception of the modalities Institutional Purpose and Supporting the Formation of Stocks, when it involves financial settlement, not cumulative to the rest.

§ 2 ° The limit of participation per family unit in the Purchase modality with Concurrent Donation will be extended to R$ 4,800.00 (four thousand and eight-hundred reais) in the acquisitions carried out through supplier organizations.

§ 3 ° For the purposes of the provisions of this article, the period between 1 ° of January and December 31 is considered year.

CHAPTER V

OF THE COORDINATION AND EXECUTION INSTANCES

OF THE ACQUISITION PROGRAM OF FOODS

Section I

From the Gestor Group of the PAA

Art. 20. The GGPAA, collegiate body of deliberative character tied to the Ministry of Social Development and Combating Hunger, has as its objectives to guide and follow up with the implementation of the PAA.

§ 1 ° The GGPAA will be composed of an incumbent representative and a supplent representative of each of the following organs:

I-Ministry of Social Development and Combat to Hunger, that will coordinate it;

II-Ministry of Agrarian Development;

III-Ministry of Agriculture, Livestock, and Supply;

IV-Ministry of Planning, Budget and Management;

V-Ministry of the Farm; and

VI-Ministry of Education.

§ 2 ° The representatives will be nominated by the holders of the ministries and designated by the Minister of State for Social Development and Combat to the Hunger.

Art. 21. The GGPAA will define, within the framework of the PAA:

I-the manner of operation of the modalities of the Program;

II-the methodology for the definition of the purchase reference prices of food, considering regional differences and the reality of family farming;

III- the methodology for setting the prices and the conditions of sale of the purchased products;

IV -the conditions of donating the purchased products;

V-the conditions of inventory formation public;

VI-the prioritization criteria of the providers ' suppliers;

VII-the conditions for the acquisition and donation of the seeds, seedlings, and other propagative materials to which refers to art. 8 °;

VIII-the form of its functioning, by the approval of internal regiment; and

IX-other measures required for the operationalization of PAA.

Art. 22. The GGPAA will constitute advisory character committee for the purposes of advising and monitoring the activities of the PAA, composed of government representatives and civil society.

Art. 23. Participation in the GGPAA and the Advisory Committee will be considered relevant, unpaid public service provision.

Art. 24. The Ministry of Social Development and Combating Hunger will provide the technical-administrative support and the means necessary for the execution of the work of the GGPAA.

Art. 25. The Ministry of Agriculture, Livestock and Supply will provide the grants and technical support for the operationalization of GGPAA decisions, especially for fulfillment of the established in the incisos II and V of the caput of the art. 21.

Art. 26. The Ministry of Agrarian Development, in articulation with other bodies of the federal public administration shall establish the means for the identification and issuance of aptitude-proof document for participation in the Program.

Section II

From the Gestory and Executor Units

Art. 27. They Are Managing Units of the PAA the Ministry of Social Development and Combat to the Famine and the Ministry of Agrarian Development.

Art. 28. Are the PAA Executive Units:

I-the public administration bodies or entities state, from the Federal or municipal District, direct or indirect, and public consortia, who celebrate Term of Accession or convents with the Gestorous Units; and

II-the CONAB and other bodies or entities of the federal public administration that celebrate term of cooperation with the Gestory Units. Single paragraph. The gestural units will be able to establish selection procedures of potential executor units of the Program.

CHAPTER VI

DA EXECUTION OF THE ACQUISITION PROGRAM

OF FOOD BY MEANS OF ACCESSION TERM

Section I

From the Term of Accession

Art. 29. The execution of the PAA, by means of organs or entities of the state, district or municipal public administration, or by public consortia, could be carried out by term of accession, dispensed with the celebration of convenium.

§ 1 ° The term models of adherence to the PAA shall meet the standards approved by the GGPAA and shall contain, at the very least, the description:

I-of the object of the term;

II-of the commitments made by the parties;

III-of the term of the term; and

IV-of the prediction of alteration, denunciation, or termination.

§ 2 ° The term of accession shall be concluded between the Union, by means of the gestural units, and the bodies or entities of the direct or indirect public administration of the States, of the Federal District, of the Municipalities or the public consortia.

§ 3 ° When the execution of the Program is carried out by entity of indirect administration, the membership term will be struck between the Union, the entity and the federated one to which it is bound.

§ 4 ° The accession of organs and entities of the direct or indirect public administration of the states, the Federal District and the Municipalities and public consortia to the PAA implies the acceptance of all the standards that regulate the Program.

Art. 30. Upon accession to the Programme, the gestures unit shall propose to the organs or entities of the state, district or municipal public administration, or public consortia, the financial amounts to be made available by the Union for payment to the supplier beneficiaries and the implementation targets, in the financial year, to be established in annual operational plans firmed up between the parties.

Single paragraph. The annual operational plans in the caput will, on the initiative of the managing unit, be able to be changed by the parties, over the financial year, depending on the performance of the adhering organ.

Section II

From the Responsibilities Of Parts and Penalties

in the Scope of the Term of Adherence

Art. 31. The executor units are expected to meet the paced targets periodically in the annual operational plans in the operations carried out under the accession term.

Art. 32. Shares relating to the acquisition and distribution of food are the sole responsibility of the executor unit, which should ensure:

I-by the acquisition of food exclusively from the public defined in the incisos II and III of the caput of the art. 4 °;

II-by the quality of the products purchased and distributed;

III-by the correct and timely record of the acquisitions in the information system envisioned in the art. 50;

IV-by the guard of the purchased foods until the time of its intended for the public defined in the inciso I of the caput of the art. 4 °;

V-by the appropriate issuance and guard of the tax documentation regarding the operations of purchase of food;

VI-by the follow-up of the annual or semi-annual participation limit individual beneficiary of the supplier in the operations under his / her supervision;

VII-by no commitment of financial resources above the pactuado in the annual operational plan; and

VIII -by the follow-up of the food targeting actions to the participating entities.

Art. 33. It is up to the Union:

I-making resources, observed budget allocations, by means of of the official financial institution, for making the payments to the beneficiary beneficiaries involved in the acquisitions carried out by the executor units, at the limits set out in the annual operational plan; and

II-scrutinise the operations carried out, as methodology to be defined by the Ministry of Social Development and Combat to the Famine.

Art. 34. The Executive Unit which does not fulfil the obligations provided for in the art. 33 or indicate payment to beneficiary beneficiaries in accordance with the rules of the PAA will be subject to the suspension of the resovers of resources, termination of the membership term and the mandatory to return to the Union the applied resources unduly, in addition to other measures provided for in law.

Section III

From the Financial Support of the Union

Art. 35. The Ministry of Social Development and Combat to the Famine will transfer, in the form of financial support, as per art. 21 of Law No. 12,512, of 2011, resources to the executive units that have joined the PAA, with the purpose of contributing to the operationalization of the agreed targets in their Annual Operational Plan.

§ 1 ° The financial support of which treats the caput has complementary character to human resources, materials, or financial that the executor unit will apply in the implementation of the Program.

§ 2 ° The support financial will be granted, in the periodicity defined by the Ministry of Social Development and Combat to the Famine, upon credit in specific bank account of entitlement of the Executive Unit, dispensed with the celebration of convenium.

Art. 36. To make jus to the financial support of which it treats art. 35, the Executive Unit shall meet the conditions set out in the term of accession and achieve minimum Program execution indices as defined by the Ministry of Social Development and Combat to the Famine.

Art. 37. Financial support will be calculated by following methodology to be defined by the Ministry of Social Development and Combat to the Famine, which it may consider, as a criterion of repassing, without prejudice to other parameters by it defined:

I-the number of vendors' suppliers, their socioeconomic profile and their dispersion in the territory;

II-regional differences and characteristics of the territory;

III-the fate of the acquired foods;

IV-the update of information in the Program's databases;

V-the mechanisms of public transparency and social control adopted; and

VI-the processes related to the qualification of the suppliers' suppliers and the quality of the products.

Paragraph single. For the purposes of calculating transfers to states, data concerning the implementation of the Programme in the respective Municipalities could be considered.

Art. 38. The resources transferred to the executor units for financial support will be able to apply, for the duration of the term of accession, in the following Program activities:

I-support for the infrastructure of receiving and distributing food, including the purchase of equipment;

II-selection, empowerment or qualification of beneficiary suppliers and supplier organizations for supply of food to the PAA;

III-empowerment and qualification of members of the executor units, the socio-assistential network and the feeding and nutrition equipment network;

IV-identification of specific audiences in food insecurity situation;

V-costing of the catchment actions, receiving, storing and distribution of food;

VI-support for food processing;

VII-support for the quality assessment procedures and attest of the products received and issuance of tax documents;

VIII-support for the registration procedures of the operations carried out in information system and preparation of reports that subsidize the notification to the Ministry of Social Development and Combat to the Hunger of receipt of the food for payment purposes;

IX-monitoring and surveillance of the PAA;

X-support for the articulation and integration of the Program with the guidelines laid down in SISAN; and

XI-technical and operational support to the social control instances to which art refers. 44.

Single paragraph. The activities foreseen in the caput will be able to be carried out in partnership with the supplier organizations, in the form of the specific legislation.

Art. 39. The Executive Units who receive resources for financial support will be expected to account for the resources received, as per standards established by the Ministry of Social Development and Combat to the Famine.

§ 1 ° The accounts will be submitted in advance to the PAA's social control instance, which is expected to issue opinion as to the suitability of the spending on the activities foreseen in the art. 38 and send them to the approval of the Ministry of Social Development and Combat to the Famine.

§ 2 ° O Ministry of Social Development and Combating Hunger will suspend the resumes of resources in case of omission of accountability or its rejection, or when the manager responsible for the provision of accounts permits, inserts or inserts documents or false or diverse statement of the one that should be inscribed, with a view to changing the truth about the facts.

Section IV

From the Agent Operator of the PAA

Art. 40. In the execution of the PAA, payment by means of official financial institution, named as Operator Agent for purposes of this Decree, will be carried out directly to the beneficiary beneficiaries or by means of supplier organizations.

Art. 41. In order to characterize as an Operator Agent, the official financial institution should conclude contract, agreement, cooperation or instrument congenital with the Union, through the Gestory Units of the PAA, within the framework of their respective competences.

Single paragraph. In addition to payment to suppliers, the Operator Agent will be able, as long as he paced in specific instrument, to develop further actions supporting the operationalization of the Program.

Art. 42. Is the Operator Agent authorized to make available to the Gestory Units, at any time, information regarding payments effected directly to the suppliers ' suppliers, or through the supplier organizations that, by participating in the Program, so they consinate it.

Art. 43. The PAA operator agent will be able to establish convents with credit cooperatives and cooperative banks to realize payment to the beneficiaries and supplier organizations.

CHAPTER VII

FROM SOCIAL CONTROL

Art. 44. They are instances of control and social participation of PAA the food and nutritional safety boards in the national, state and municipal spheres, and the advisory character committee constituted in the terms of the art. 22.

§ 1 ° Exceptionally, in the non-existence hypothesis of state councils, district and Municipal food and nutritional safety, should be indicated the instance of social control responsible for monitoring the implementation of the PAA, preferably the Sustainable Rural Development Council or the Board of Assistance Social.

§ 2 ° The instances of social control should articulate themselves with the advice competent, for the treatment of intersectoral issues, which require shared decision.

CHAPTER VIII

FINAL AND TRANSITIONAL PROVISIONS

Art. 45. They are of public access the data and the information about the execution of the PAA.

Art. 46. The GGPAA will establish mechanisms to broaden participation in the PAA of beneficiary beneficiaries in situation of extreme poverty, young people and women.

Art. 47. The GGPAA will be able to establish care strategies for children up to six years.

Art. 48. Until the publication of the resolution provided for in the inciso III of the caput of the art. 4 °, will be admitted as an identification document of the organization apt to participate in the Program, declaration signed by the organization itself of society-wide composition of at least ninety percent of the public defined in the inciso II of the caput of the art. 4 °.

Art. 49. The authority responsible for the PAA's managing or executing unit who is running for the deviation of its purpose or contribute to the inclusion of participants who do not meet the legal requirements, or for payment to the beneficiary's diverse person final, will be held civil, penal and administratively accountable.

Art. 50. The federal executive branch will institute national system of information on the PAA, with the following purposes:

I-keep track of the fulfilment of the limits provided for in art. 19;

II-accompany the targeting of foods; and

III-keep track of the fulfillment of the PAA goals.

Art. 51. This Decree comes into effect on the date of its publication.

Art. 52. It is repealed the Decree n ° 6,447 of May 7, 2008.

Brasilia, July 4, 2012; 191 ° of Independence and 124 ° of the Republic.

DILMA ROUSSEFF

Guido Mantega

Mendes Ribeiro Filho

Aloizio Mercadante

Miriam Belchior

Tereza Campello

Gilberto José Spier Vargas