LAW 89 OF 1993
Official Gazette No. 41,132., Of December 10, 1993
Whereby Fee Livestock and Dairy Development is established and the National Livestock Fund is created Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. Fiscal contributions for the promotion of livestock and dairy will adhere to the conditions stipulated in this Law, under the terms of Clause 12 of Article 150 of the Constitution. Effective Jurisprudence
. DEVELOPMENT SHARE AND DAIRY CATTLE. Establécese share of livestock development and dairy as contribution parafiscal character, which will be equivalent to 0.5% of the price per liter of milk sold by the producer and 50% of current minimum daily wage legal per head of cattle at the time of sacrifice. Effective Jurisprudence
. Milk cooperatives are exempted from the collection of this contribution when originating from purchases of milk to the cooperative producers. However, by decision of the Administrative Council may participate in the aforementioned contribution for the purposes of this Act.
Effective Decisions PARAGRAPH 2.
. Should the collection that should originate from the slaughter of cattle, offer difficulties, Authorize the Ministry of Agriculture, after consultation with the Board of Livestock National Fund for regulating the mechanism or viable procedure, in order to avoid evasion share in those places where there are no facilities for control and monitoring. Effective Notes
ARTICLE 3. NATIONAL LIVESTOCK FUND. Create the National Livestock Fund for the management of resources from the collection of the fee Dairy and Livestock Development, which will stick to the policy guidelines of the Ministry of Agriculture for the development of the livestock sector.
Product Development Dues will be a special account under the name of National Livestock Fund, exclusively destined to the fulfillment of the objectives of this Act.
ARTICLE 4. OBJECTIVES. The resources of the National Livestock Fund, will be used preferentially in:
1. The marketing of meat and milk for the social strata of middle and low income.
2. Support for the export of livestock, meat and milk. 3.
co-finance the investment in complementary physical and social infrastructure in growing 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 purpose is to benefit producers and consumers. 7.
funding programs and livestock promotion projects developed by farmers promotion funds with interest. 8.
make a capital contribution of collective interest in companies engaged in the production, commercialization and industrialization of inputs and outputs of the livestock sector.
9. The organization of industries with efficient marketing systems that allow in some cases subsidize the prices of meat and milk, concentrated foods, meat products and milk, for low-income consumers.
10. Other programs, prior approval of the Board of the Fund seek the promotion of domestic livestock and regulation of the prices of products. PARAGRAPH 1.
. The Fund shall allocate at least 10% of their income on promoting consumption of milk and meat in favor of low-income sectors. PARAGRAPH 2.
. The research programs will be conducted with mixed corporations that are part of national science and technology. Effective Jurisprudence
The 5th ITEM. BOARD OF DIRECTORS. The Board shall be composed as follows:
1o. The Minister of Agriculture or his delegate, who will preside.
2o. A representative of the National Association of Milk Producers -ANALAC.-
3o. A representative of Cooperatives who choose to participate in the Fund.
4o. The General Manager of the Colombian Agricultural Institute-ICA or his delegate.
5O. The President of the Colombian Federation of Cattle
-FEDEGAN- 6o. A representative of the National Union of Livestock Associations
-UNAGA.- the 7th. A representative of the National Federation of Ranchers Funds
-FEDEFONDOS.- the 8th. Two representatives elected by the Board of Directors of the Colombian Federation of Cattle -FEDEGAN-, one choice of meat sector and other dairy sector.
The 9th. A representative of the small farmers, appointed by the Minister of Agriculture, Agricultural lists submitted by the Peasant Associations. PARAGRAPH 1.
. The Board of the Fund Advisory Committees should be composed of representatives of the various activities associated with livestock production. Effective Jurisprudence
ARTICLE 6o. COLLECTION. The collection of the fee specified in Article Fomento second, shall be made by the following entities or companies:
a.- The appropriate fee per head of cattle at time of slaughter, shall be collected by public or private slaughterhouses, and where they do not exist, by the municipal treasuries at the time of issuing the guide or permission for sacrifice. Effective Jurisprudence
B.- The fee for the price of a liter of milk, it will be collected by the natural or legal persons who buy from producers and / or processed in the country. Effective Jurisprudence
PARÁGRAFO. Collectors share these resources remain in a separate account and are required to deposit, within ten (10) days of the month following the collection in the special account entitled "National Livestock Fund". According
6a Law. 1992 Article 114 of the internal auditor of the Cattle National Fund, may carry out inspection visits to the ledgers of companies and collection agencies with prior approval of the Ministry of Finance and Public Credit, to ensure proper payment of the Development fee under this Act.
ARTICLE 7. ADMINISTRATION. The Government, through the Ministry of Agriculture, contract with the Colombian Federation of Ranchers -FEDEGAN-, administration and collection end of Livestock Development Fees and Lechero.
The respective contract must have a duration of not less than ten (10) years, and which have regard to resource management, the definition and implementation of programs and projects, powers and prohibitions of the entity administrator and other requirements and conditions required for compliance with legal objectives and the consideration for the administration of the shares, whose value is five percent (5%) of the annual collection.
PARÁGRAFO. The Board of Directors of the Fund may approve subcontracts plans, programs and specific projects with other guilds, cooperatives and livestock sector funds to submit to the administration of the Fund or any member of the Board. Effective Jurisprudence
Article 8. INVESTMENT PLAN AND EXPENSES. The entity administering the Livestock National Fund annually compile the investment plan and expenses for programs and projects for the following year, which can only be made once it has been approved by the Board 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 livestock meat and milk in proportion to the corresponding resources, fees for cattle at slaughter, and per liter of milk, respec-tively . Likewise, it shall seek for an appropriate regional allocation of resources among the various producing areas. Effective Jurisprudence
Article 9. FUND ASSETS. The assets acquired with the Fund's resources should be incorporated into a special account of it. In each operation it must be established that the asset acquired is part of the Fund, so that, if it is settled, all property, including Fund monies that are in boxes or in banks, once canceled liabilities , are made available to the national government. Effective Jurisprudence
ARTICLE 10. EFFECTIVE REVENUES. For the fees can be levied and Dairy Livestock Development, established by this Act, it is necessary that contracts between the Government and the entity administering the Fund in effect. Effective Jurisprudence
ARTICLE 11. ADMINISTRATIVE OVERSIGHT. The Ministry of Agriculture will monitor and evaluate programs and projects, for which the entity administering the National Livestock Fund, shall submit semi-annual report regarding the resources obtained and investment.
With the same frequency, the managing entity sends to the General Treasury of the Republic a report on the amount of resources of the fees collected in the previous six months, without prejudice to both the Ministry of Agriculture and the Treasury to investigate on such reports in the books and other documents on the Fund maintains the managing entity. Effective Jurisprudence
ARTICLE 12. FISCAL CONTROL. The entity administering the National Livestock Fund, will report to the Office of the Comptroller General of Colombia on investment of resources. For the exercise of fiscal control required the Comptroller adopt appropriate systems. Effective Jurisprudence
ARTICLE 13. Fines and penalties. The Government may impose fines and penalties for delinquency or fraud in the collection and allocation of promotion quotas under this law, without prejudice to the criminal and civil actions that may be required. Effective Jurisprudence
Article 14. This Law governs from the date of its publication and repeals other provisions that are contrary. Effective Jurisprudence
The Presdiente the Senate of the Republic, JORGE RAMON ELIAS
The Secretary General of the Senate of the Republic,
PUMAREJO PEDRO VEGA.
The President of the Chamber of Representatives, Francisco Jose Jattin
The Secretary General of the Chamber of Representatives, DIEGO VIVAS
Republic of Colombia - National Government
published and execute Given in Bogota, DC, ten (10) days
of December in 1993 (1993) |
|| César Gaviria Trujillo Deputy Minister of Finance and Public Credit,
Office of the Minister of Finance, Hector Jose CHAIN
The Minister of Agriculture, JOSÉ ANTONIO OCAMPO