118 OF 1994
Official Journal, No. 41.216 of 9 February 1994
"By which the quota of horticultural promotion is established, a promotion fund is created, rules are established for its collection and administration and other provisions are dictated."
OF THE BASIC RULE
ARTICLE 1o. This law aims to establish the Horticultural Development Fee and the main definitions of the bases for its collection, administration and destination, in order to guarantee the optimum development of the Horticultural Sub-sector.
ARTICLE 2o. The National Horticultural Sub-sector is a component of the Agricultural Sector of the country constituted by natural and legal persons engaged in the production of fruits and vegetables.
FROM THE HORTICULTURAL PROMOTION QUOTA
ARTICLE 3o. Set up the Horticultural Development Fee, which is made up of the equivalent of one percent (1%) of the fruit and vegetable sales value.
OF SUBJECTS REQUIRED TO PAY THE QUOTA
ARTICLE 4o. 1 of Law 726 of 2001. the new text is as follows: > Producers of fruit and vegetables, whether natural persons, legal entities or companies in fact, will be obliged to pay the Fruit-growing promotion.
The horticultural promotion fee will be caused in any operation.
PARAGRAFO 1o. When the fruit or vegetable producer is its exporter, it will also be subject to the payment of the Horticultural Promotion Fee.
PARAGRAFO 2o. Banano producers will not be subject to payment from the Horticultural Promotion Fee.
OF QUOTA COLLECTORS
ARTICLE 5o. 2 of Law 726 of 2001. the new text is as follows: > They shall be collectors of the fruit-growing quota, natural or legal persons and companies in fact, which process or market fruit or vegetables, in accordance with the rules that the national government is issuing for the effect.
The collector who accredits, through peace and except issued by the administrator of the fund, the withholding of the payment of the quota from the sale operation carried out by the producers, will be exempt from making again the collection.
PARAGRAFO. The collectors of the Horticultural Promotion Fee must move the quota retained in the previous calendar month within the calendar month.
ARTICLE 6o. The collectors of the Horticultural Promotion quota that fail to meet their obligations to collect the quota or to transfer it in a timely manner to the entity that administers it, will be made creditors to the Penalties set out below:
a) Take over and pay against your own estate, the value of the fee left to raise;
b) To pay delinquent interest on the amount no longer to be transferred for each month or fraction of calendar month, of delay in payment.
PARAGRAFO. The entity administering the Fomento quota may advance the respective administrative and jurisdictional processes for the collection of the fees and moratorical interests, when there is a place.
OF THE NATIONAL FUND FOR HORTICULTURAL PROMOTION AND THE ALLOCATION OF THE RESOURCES OF THE HORTICULTURAL PROMOTION QUOTA
ARTICLE 7o. Create the National Fund for Horticultural Development as a special management account consisting of the resources from the collection of the Horticultural Development Fee.
Such resources do not constitute income of the Nation, the account will be taken under the name of "National Fund of Horticultural Development" with exclusive destination to the objectives provided for in this law.
ARTICLE 8. The National Fund for Horticultural Development will have to take into account in the distribution of its investments, the origin of its resources by regions and products.
PARAGRAFO. No less than fifty percent (50%) of the resources generated in a region will be allocated to programs that develop in it.
ARTICLE 9o. 3 of Law 726 of 2001. the new text is as follows: > The Ministry of Agriculture will contract with the Colombian Horticultural Association, Asohofrucol, the administration of the Fund and the retained quota.
In the event that the association loses the conditions required for the administration of the Fund or fails to comply with the contract, the Ministry of Agriculture, by means of a reasoned decision, must contract the administration of the Fund with a business entity. of a national character representing the horticultural sector.
The administrative contract will signal to the managing body the management of the Fund's resources, the criteria of strategic management and management by objectives, the definition and establishment of programs and projects, the powers and prohibitions of the managing body, the term of the contract which shall initially be for five years, and the other requirements and conditions which are required for the fulfilment of the objectives and shall determine that the value of the It will be ten percent (10%) of the annual fee.
ARTICLE 10. The Fund's managing entity will pay the corresponding accounts for the collection, management and investment of the resources, to the Comptroller General of the Republic.
ARTICLE 11. Assets that are acquired from the Fund's resources shall be incorporated into the Fund's special account. In each operation, it must be established that the goods acquired are part of the Fund. In the event that all assets included in the funds of the Fund that are in cash or in banks are liquored, once the liabilities are cancelled, the Ministry of Agriculture will be handed over to a public or private specialized entity, with the the purpose of investing them in the same objectives as those set out in this law.
ARTICLE 12. In order for the production quota to be collected for Hortifruiticulture established by this Law, it is necessary that the contract between the Ministry of Agriculture and the Fund Administrator.
ARTICLE 13. The Ministry of Agriculture will make the evaluation, control and inspection of programs and projects that are developed with the resources of the quota. The managing body shall report on the resources obtained and its investment semi-annually.
The Ministry of Agriculture may verify these reports by inspecting the books and other documents that the managing entity must retain from the Fund's management.
ARTICLE 14. The Fund's managing body shall annually draw up the investment and expenditure plan for programmes and projects for the following year in accordance with the needs and guidelines identified in this Article. Law.
OF THE OBJECTIVES OF THE HORTICULTURAL PROMOTION FUND
ARTICLE 15. The objectives of the Fund will be to: Promote research, provide technical assistance, transfer technology, train, collect and disseminate information, stimulate the formation of companies The Committee on the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European Parliament and the Committee of the European development of the Sub-sector.
BACKGROUND ADDRESS ORGAN
ARTICLE 16. 4 of Law 726 of 2001. the new text is as follows: > As the governing body of the National Fund for Horticultural Development, a board of directors, composed of:
-The Minister of Agriculture or his delegate, who will chair it.
-Two representatives of the associations of small producers of fruit or vegetables chosen by the respective guild association with legal status.
-A representative of the Fruit Exporters Committee, Analdex.
-A departmental agriculture secretary or his delegate, elected by the meeting of departmental agriculture secretaries.
-A representative of the Colombian Association of Plant Studies.
-A representative of the Colombian Association of Agricultural Engineers, ACIA.
-Two representatives of the Colombian Horticultural Association, Asohofrucol.
PARAGRAFO. The Board of Directors of the Fund may approve subcontracts of specific plans, programs and projects with other agremiations and cooperatives presented to it by the Fund's managing body or any of the Member of the Board.
ARTICLE 17. The Board of Directors of the Fund will have the following functions:
(a) Approve the annual expenditure budget of the Fund presented by the previous administrator of the Ministry of Agriculture;
(b) Approve the investments that the Fund's resources must carry out with other entities of business origin in the service of fruit growers;
c) Vellar for the correct and efficient management of the Fund by the administrator.
ARTICLE 18. For natural or legal persons forced to collect the Horticultural Promotion Fee, they have the right to accept as deductible costs the value of purchases or production. Fruit and vegetables themselves during the respective taxable year, must accompany their declaration of income and patrimony a certificate of peace and save for the purposes of the proceeds, issued by the respective administrator.
ARTICLE 19. The National Fund for Horticultural Development, may receive and channel external credit resources that the Ministry of Agriculture subscribes for, in order to meet the Fund's objectives, as contributions and investments of the National Treasury, or natural or legal persons, national or foreign, with this same purpose.
The President 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,
Dada en Santafe de Bogota, D.C., 9 February 1994.
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 TRUJILLO
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Last Updated: September 23, 2016
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