Amends Act No. 18.755, On Organization And Functions Of The Agricultural And Livestock Service

Original Language Title: MODIFICA LEY N° 18.755, SOBRE ORGANIZACION Y ATRIBUCIONES DEL SERVICIO AGRICOLA Y GANADERO

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"Article 1.-Introducense in law N ° 18.755, the following modifications: 1. the following second paragraph be added to article 1:" for the purposes of this Act, means "service"to the agricultural and livestock service.".
2. replace article 2 °, by the following: 'article 2.-the service shall contribute to the agricultural development of the country, through the protection, maintenance and increase of the animal and plant health; the protection and conservation of the renewable natural resources that affect the scope of the agricultural production of the country and control of inputs and agricultural products subject to regulation in legislation and regulations. "."
3 Introducense the following modifications in article 3: a) replaced the letter to), with the following: "to) implement and monitor compliance with legal and regulatory rules on prevention, control and eradication of communicable animal diseases and plant pests. Also, you will know and shall punish any violation of the rules and regulations whose control is up to the service. "."
((b) added to the letter f), the following new paragraph: "In addition, it shall ensure compliance with the international conventions signed by Chile in matters of competence of the service, and shall exercise the quality of administrative authority and scientific or technical counterpart to such conventions.".
((c) added to the letter g), following the final dot (.), which happens to be followed dot (.), as follows: "in carrying out this function may perform specific surveys and studies to know the extent and State of renewable natural resources in the agricultural field and set technical standards for the National Charter for soil studies. You can also gather and classify information and develop programmes of dissemination and training, insofar as requires it the fulfillment of its object. In the development of its function, service shall coordinate with the institutions of the State for the compilation of studies and preparation of cadastral especially with those carrying out activities of the same nature. "."
((d) Agreganse the following letters, new: k) implement and monitor compliance with the legal and regulatory rules on hunting, genealogical records of livestock production, apiculture, defense of the soil and agricultural use, pollution from agricultural resources, land clearance and protection of the agricultural field and the brave terrestrial fauna flora, whose habitat is in the rivers and lakes.
(l) promote measures to ensure the conservation of soils and waters that prevent the erosion of these and improve your fertility and drainage. In addition, it will promote initiatives to water conservation and the improvement of extraction, driving and use of resources, for agricultural purposes. Also, it will regulate and administer the provision of incentives that facilitate the incorporation of conservation practices in the use of soil, water and vegetation.
(m) apply and oversee compliance with legal and regulatory rules on production and trade of seeds, pesticides, fertilizers, food for animals, ethyl alcohol, alcoholic beverages and Vinegars; exhibitions and fairs of animals and classification of livestock and typification of its channels, nomenclature of its cuts and other matters that the law, as also to perform the analyses bacteriological and bromatological and others that were relevant and certify fitness for human consumption of primary agricultural products destined for export.
(n) to determine the sanitary conditions, in the field of animal health, for the establishment and operation of slaughterhouses, means of transport, refrigerators and other establishments as the Act or its regulations shall be determined; overseeing compliance with them and make them the veterinary inspection of animals and meat, all without prejudice to the powers of the health services.
(n) carry out inspection and sanitary control of exclusively veterinary pharmaceuticals. Violations that make shall inform the Institute of public health.
or) direct or indirect technical assistance and services free or onerous, in accordance with their programs and collect rates and rights that you perceive by their performances.
(p) hold all sorts of legal acts in matters within its competence, being able to make the appropriate contributions, and participate in the creation of legal entities of private law nonprofit, of the regulated in title XXXIII of book I of the Civil Code.
(q) restrict, in accordance with the laws governing the matter, through resolution founded the National Director, the use or application of agrochemicals in certain areas of the country agro-ecological zones, when this harm to animal or plant health, or the conservation of renewable natural resources".
4 Introducense in article 7, the following amendments: to) replace the letter k), by the following: "k) assign, to the service personnel, the character of inspector for own work. In addition, designate officials who will have the quality of Ministers of faith to certify the performances of service. "."
((b) replace the letter l), with the following: "l) designate the plant and hire staff that are necessary, with funds provided for this purpose in the budget." Also can hire, temporarily and to fees, the provision of professional, technical and services experts, and also workers, always and when concerned functions or work which is not possible with plant personnel. Contracts of these people shall be exclusively governed by the rules of the Civil Code or the labour code, as the case may be. "."
((c) replace the letter n), with the following: "n) proposing tariffs and rights that must be charged by the facilities and controls that perform the service, which will be fixed by Supreme Decree of the Ministry of agriculture, which will carry, in addition, the signature of the Minister of finance. These rates and rights must be equivalent or competitive with market values.
National Director may release payment rates and rights when the control that perform service falls on goods intended for research or other scientific purposes. "."
((d) add, the next letter s), new: "s), in accordance with the regulations, authorize policies covering the accident rate for officials or employees who meet work of high risk, on the ground or in the service laboratories.".
5. replace, in the second paragraph of article 8 °, the expression "subjects referred to in article 2 °" by the expression "functions indicated in article 3 °".
6 added to article 27, the following second paragraph: "The service will enjoy privilege of poverty in all actions and procedures to the implementation of the provisions whose control has the authority to, and shall be exempt from any tax, contribution, rate, or assessment, with the exception of the tax established by Decree value-added give rise law N ° 825, 1976.".
7 Agreganse, continuation of article 40, the following new articles: "article 41.-service is the only authority throughout the national territory the inspection and sanitary control of pharmaceutical products exclusively veterinary use, understanding as such to any natural or synthetic substance, or mixture of them, which is administered to the animals and in vitro use antigens."
A regulation will contain the rules of health of production, manufacture, registration, storage, distribution, sale, import or export and features exclusively veterinary pharmaceuticals.
Article 42.-The products referred to in the preceding article must respond, in its chemical composition and microbiological characteristics, their markings and the established denominations.
It prohibits the manufacture, import, possession, distribution and transfer, any security, exclusively veterinary pharmaceutical products not registered, contaminated, adulterated or counterfeit. Ensure compliance with laws, regulations, rules on exclusively veterinary pharmaceuticals, and punish offenders shall be responsible for the service.
Article 43.-Shall be responsible for the service regulate the use of anabolic, natural or synthetic, in the livestock, and banned those who imply a certain risk to the health of human or animal; in all that is not a function of the Institute of public health, in accordance with provisions of book IV of the code.
Article 44.-The service is entitled to free use of national assets for public use that need to install barriers to control the principal national or regional directors determined and only for the time that is necessary to the existence of the respective barrier.
Article 45.-The service can manage goods and moneys arising from agreements concluded with third parties to apply to the development of specific programs that say relationship with the objectives and functions of the same.
Such assets and resources will be assigned to the respective program and not enter the heritage of service, unless the respective Convention so he had stipulated.
Article 46.-Authorize a change of land use in the rural sector, according to article 55 of the Decree N ° 458, 1976, from the Ministry of housing and urban development, will require prior report of the service. This report shall be founded and public, and issued by the service within a period of 30 days since it has been requested. Also, to proceed with the subdivision of rural properties, service shall certify compliance with the regulations in force.
Article 47.-in no event shall entitle to compensation application of sanitary measures: to) the destruction or slaughter of animals entering the country clandestinely or products or that are ordered depopulate, in any case, the slaughter of these animals shall be carried out so that is causing them the lowest possible suffering; and (b) the destruction or slaughter of products or animals pending imports that do not conform to sanitary requirements and whose re-export has been made within the periods established by the service.
Article 48.-Repeal article 3 transitional of law N ° 18.755 ° and all regulatory and legal norm contrary to the provisions of articles 41 and 42 of the law N ° 18.755, introduced by this law.
Article 49.-without prejudice to the provisions in paragraph IV of title I of this body of law, the regional service directors may delegate the power to punish, in the staff who perform in headquarters of international barriers, with regard to the illegal internment of animal or vegetable products that can carry pests or disease-causing agents. The national customs service shall be entitled to receive payment of the fines imposed.
In these cases, the offender to appeal the sanction imposed by the National Director, according to the provisions of article 12 of this law, shall be recorded in the office of respective international barrier, the full amount of the fine imposed. "."