89 OF 1993
Official Journal No. 41.132., of 10 December 1993
For which the Livestock and Lechero Development Fee is established and the National Livestock Fund is created
ARTICLE 1o. The parafiscal contribution for the promotion of the livestock and dairy sector shall be in accordance with the conditions laid down in this Law, in the terms of the numeral 12 of the article 150 of the National Constitution.
ARTICLE 2o. LIVESTOCK AND DAIRY PROMOTION QUOTA. Set the livestock and dairy promotion quota as a parafiscal contribution, which shall be equivalent to 0.5% of the price of the litre of milk sold by the producer and 50% of a salary legal minimum daily in force per head of cattle at the time of slaughter.
PARAGRAFO 1o. Milk cooperatives are exempted from the collection of this contribution when they originate from milk purchases from the cooperating producers. However, by decision of its Administrative Board, they may participate in the aforementioned contribution for the purposes provided for in this Law.
PARAGRAFO 2o. In case the collection that is to originate in the slaughter of livestock, offers difficulties, authorize the Ministry of Agriculture, after consultation with the Board of the National Livestock Fund, to regulate the viable mechanism or procedure, in order to prevent the evasion of the quota in those places where there are no facilities for its control and surveillance.
ARTICLE 3o. NATIONAL LIVESTOCK FUND. Create the National Livestock Fund, for the management of resources from the collection of the Livestock and Lechero Development Fee, which will be based on the policy guidelines of the Ministry of Agriculture for development of the livestock sector.
The product of the Fomento quotas will be taken to a special account under the name of the National Livestock Fund, with exclusive destination to meet the objectives set out in this Law.
ARTICLE 4. GOALS. The resources of the National Livestock Fund will be used in preference to:
1.-The marketing of meat and milk for the social strata of medium and low income.
2.-Support for the export of livestock, meat and milk.
3.-Co-finance investment in complementary physical and social infrastructure in the production areas.
4.-Scientific and technological research and training in the livestock sector.
5.-Technical assistance, technology transfer and training to increase productivity in the livestock industry.
6.-The promotion of cooperatives whose aim is to benefit producers and consumers.
7.-The financing of livestock development programs and projects developed by the livestock funds with the interest of promotion.
8.-To make capital contribution in companies of collective interest dedicated to the production, marketing and industrialization of inputs and products of the livestock sector.
9.-The organization of industries with efficient marketing systems that allow in certain cases to subsidize the prices of meat and milk, concentrated foods, by-products of meat and milk, for low-income consumers revenue.
10.-The other programs that, after the approval of the Board of the Fund seek to promote national livestock and the regulation of the prices of the products.
PARAGRAFO 1o. The Fund must allocate, at least 10% of its revenue, to the promotion of the consumption of milk and meat in favour of low-income sectors.
PARAGRAFO 2o. The research programs will be conducted with the mixed corporations that are part of the national science and technology system.
ARTICLE 5o. BOARD OF DIRECTIVE. The Board of Directors shall be composed as follows:
1o. The Minister of Agriculture or his Delegate, who will preside over it.
2o. A representative of the National Association of Milk Producers -ANALYSIS.-
3o. A representative of the Cooperatives who decide to participate in the Fund.
4o. The General Manager of the Colombian Agricultural Institute-ICA- or its delegate.
5o. The President of the Colombian Cattlemen's Federation-FEDEGAN-
6o. A representative of the National Union of Livestock Associations -UNAGA.-
7o. A representative of the National Federation of Livestock Funds-FEDEFONDOS.-
8o. Two representatives elected by the Board of Directors of the Colombian Cattlemen's Federation (FEDEGAN), one chosen from the meat sector and one from the dairy sector.
9o. A representative of the small farmers, appointed by the Minister of Agriculture, from the farmers ' associations.
PARAGRAFO 1o. The Board of Directors of the Fund shall constitute Advisory Committees, composed of representatives of the various activities related to livestock production.
ARTICLE 6o. Raked in. The collection of the Fomento Fee referred to in the second article shall be carried out by the following entities or companies:
a.-The corresponding quota per head of cattle, at the time of slaughter, will be collected by public or private slaughterhouses, and where these do not exist, by the Municipal Treasury at the time of issuing the guide or permit for the slaughter.
b.-The quota corresponding to the price of a litre of milk, shall be collected by natural or legal persons who buy from the producers and/or process it in the country.
PARAGRAFO. The fee collectors will keep these resources in a separate account and are required to deposit them, within ten (10) days of the month following the collection, in the special account called "National Livestock Fund".
According to Law 6a. In Article 114 the internal auditor of the National Livestock Fund, may carry out inspection visits to the books of accounts of the companies and collecting entities with prior approval of the Ministry of Finance and Public Credit, to ensure the due payment of the Fee of Promotion provided for in this Law.
ARTICLE 7o. ADMINISTRATION. The National Government, through the Ministry of Agriculture, will contract with the Colombian Cattlemen's Federation (FEDEGAN), the administration and final collection of the Livestock and Lechero Development quotas.
The respective administrative contract must be for a duration of not less than ten (10) years, and in which it will be available for the management of the resources, the definition and execution of programs and projects, the faculties and prohibitions of the the managing body and other requirements and conditions required for the fulfilment of the legal objectives, as well as the consideration for the administration of the quotas, the value of which shall be 5% (5%) of the annual collection.
PARAGRAFO. The Board of Directors of the Fund may approve subcontracts of specific plans, programmes and projects with other agremiations, cooperatives and livestock funds in the sector to be presented by the Fund administration or any of the members of the Fund. the Board of Directors.
ARTICLE 8o. INVESTMENT AND EXPENDITURE PLAN. The managing body of the National Livestock Fund shall annually draw up the investment and expenditure plan for programmes and projects for the following year, which may only be carried out once it has been approved by the Commission. the Board of Directors of the Fund with the favorable vote of the Ministry of Agriculture.
The resources of the National Livestock Fund will be used to develop programs and projects in beef and milk cattle ranching in proportion to the corresponding resources, quotas for cattle at the time of slaughter, and per liter of milk, Respectively. It will also provide for an appropriate regional allocation of resources between the different production areas.
ARTICLE 9o. FUND ASSETS. Assets that are acquired from the Fund's resources shall be incorporated into a special account of the Fund. In each transaction, it must be established that the asset acquired is part of the Fund, so that, in the event that the Fund is liquely, all the assets, including the funds of the Fund, which are in cash or in banks, once the funds have been cancelled liabilities, are made available to the National Government.
ARTICLE 10. order to collect the Cattlemen and Lechero Fomento quotas, established by this Law, it is necessary that the contracts between the National Government and the Fund's managing body be in effect.
ARTICLE 11. ADMINISTRATIVE SURVEILLANCE. The Ministry of Agriculture will monitor and evaluate the programs and projects, for which the managing body of the National Livestock Fund, will be required to report on the resources obtained and their investment.
With the same frequency, the managing entity will send to the General Treasury of the Republic a report on the amount of the resources of the quotas collected in the previous semester, without prejudice to the Ministry of Agriculture as the Treasury may inquire about such reports in the books and other documents that the managing body is kept by the Fund.
ARTICLE 12. FISCAL CONTROL. The managing body of the National Livestock Fund will be accountable to the Comptroller General of the Republic on the investment of the resources. For the exercise of the required fiscal control the Comptroller shall adopt the appropriate systems.
ARTICLE 13. FINES AND PENALTIES. The Government may impose fines and penalties for late payment or fraud in the collection and entry of the promotion fees provided for in this law, without prejudice to the criminal and civil actions to be taken.
ARTICLE 14. This Law governs from the date of its publication and repeals any other provisions that are contrary to it.
The Present of the Honorable Senate of the Republic,
JORGE RAMON ELIAS NADER.
The Secretary General of the Honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the Honorable House of Representatives,
JOSE JATTIN SAFAR.
The Secretary General of the Honorable House of Representatives,
DIEGO VIVAS TAFUR.
Republic of Colombia-National Government
Publish and execute
Given at Santafe in Bogota, D.C., at ten (10) days
of the month of December of a thousand nine hundred and ninety-three (1993)
CESAR GAVIRIA TRUJILLO
The Deputy Minister of Finance and Public Credit,
in charge of the Dispatch functions
from the Minister of Finance and Public Credit,
HECTOR JOSE CHAIN PIN.
The Minister of Agriculture,
JOSE ANTONIO OCAMPO GAVIRIA.
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