ACT 395 OF 1997
Official Gazette No. 43,107, of 14 August 1997
By which declares of national interest and social health priority as the eradication of FMD in all Colombian territory and other measures to this end are dictated. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. ERADICATION OF FOOT AND MOUTH DISEASE AS NATIONAL STAKE. Declared of social interest and national health priority as the eradication of FMD. To meet this objective, the Government through the Ministry of Agriculture and Rural Development, particularly the Colombian Agricultural Institute, adopt sanitary measures it deems appropriate.
. THE INCLUSION IN THE DEVELOPMENT PLANS OF EFFORTS TO FMD eradication. The National Commission for the Eradication of FMD dealt with in article 4 of this law shall recommend to the public and private entities at the national, departmental and municipal levels that have functions include health protection, research and transfer of livestock technology, the production of biological, education and training in the agricultural sector, including in their plans and development programs and investment activities contributing to the implementation of the National Program for the Eradication of FMD, in accordance with the constitutional and legal provisions governing the matter .
PARAGRAFO. For purposes of this law, as a rule adopted the National Program for Eradication of FMD, concluded between public and private entities in the agricultural sector.
ARTICLE 3o. PRINCIPLES OF CONSENSUS and co. The operation and functioning of the physical, technical and organizational structure of the National Program for the Eradication of FMD, will be guided by the principles of partnership and co-management between the public and private sectors and will form the operational basis for the eradication of the disease.
. NATIONAL COMMISSION. Create the National Commission for the Eradication of FMD as a consultative body and advisor to the National Government, composed of:
a) The Minister of Agriculture and Rural Development or the Deputy Minister of Agricultural Development and Fisheries, who shall preside;
B) The General Manager of ICA;
C) The President of FEDEGAN;
D) A representative of the milk producers' cooperatives, chosen by cooperatives;
E) A representative of the Board of the National Livestock Fund;
F) A representative of the National Federation of Ranchers Funds.
PARAGRAFO 1o. They will be invited to meetings of the National Commission when the following officials issues of their competence, among others: the Head of the Agricultural Unit of the National Planning Department, representatives of laboratories producing biological, a representative of Acovez and Corpes representatives. These people may apply to be heard by the Commission on issues of their areas.
PARAGRAFO 2o. The Commission shall normally meet two (2) times a year, the first meeting was held in March and the second in September; It will meet extraordinarily when circumstances warrant. All members will act with voice and vote, guests only act with voice.
The ICA, through its Animal Health Division shall serve as Technical Secretariat.
The 5th ARTICLE. FUNCTIONS OF THE NATIONAL COMMISSION. The functions of the National Commission the following:
a) Develop and adopt its rules of procedure;
B) Establish a technical advisory committee, define it functions, its shape and dictate its rules of procedure;
C) To approve the pilot projects of the National Program for the Eradication of Foot-and its amendments, according to a draft submitted by the Technical Committee;
D) Conduct monitoring and evaluating the implementation of the investment budget of the National Program for the Eradication of Foot;
E) Recommend regional programs to combat the disease;
F) To design and operate the monitoring plan and evaluation of regional plans;
G) To recommend the creation of a fund for the implementation of sanitary rifle;
H) Conduct a permanent legislation relating to the control, prevention and eradication of FMD monitoring, and make appropriate recommendations;
I) Expand and maintain disease free zones and make the respective monitoring and control thereof;
J) To recommend the establishment of sanitary checkpoints with support from the police;
K) Ensure that the FMD vaccine and its application represents only a minimal cost to the livestock producer;
L) Any other functions necessary to achieve its objectives and that do not correspond to other government authorities.
. FUNCTIONS ICA. Additional functions will be inherent in the ICA, the following:
a) declare health emergencies and establish sanitary control measures are necessary and sufficient to meet such emergencies;
B) Coordinate in the country, health agreements signed in the framework of international agreements, bilateral or multilateral basis;
C) Conduct permanently etiologic diagnosis of FMD in the country;
D) Establish the date of vaccination cycles;
E) Evaluate the technical functioning of farmers' organizations in relation to the Program for the Eradication of Foot;
F) To collect, process and analyze, using the existing information system and monitoring the necessary data to describe, study and infer the behavior of FMD;
G) Address and timely control, suspected vesicular disease;
H) Control the mobilization of animals susceptible to the disease throughout the national territory;
I) To coordinate the tasks of training, outreach and education on FMD;
J) Monitoring the quality of biological used to eradicate FMD.
SINGLE PARAGRAPH. The National Government shall regulate with regard to the prevention of the entry of exotic etiologic agents, control measures for enzootic agents, including measures on farms, movement of animals and their products, measures in places of fairs, slaughterhouses, epidemiological surveillance, quarantine measures, control of biological and procedures and controls eradication for both endemic etiologic agents as exotic to the country, and the measures deemed relevant in foreign trade according to the internal rules of sanitary control and the level of risk taken to national animal health.
Article 7. OF LIVESTOCK AND OTHER ORGANIZATIONS. Farmers' organizations authorized by the ICA and other industry organizations for the execution of the campaign against FMD, in addition to fulfilling its statutory objectives, should be devoted to combating the disease, according to the established rules on the matter.
SINGLE PARAGRAPH. Immunization record before the ICA will be subject to the application of biological or monitoring their implementation by farmers' organizations, cooperatives and other authorized by this institute where they exist organizations.
. ISSUANCE OF MOBILIZATION AND HEALTH GUIDES LICENSE. The ICA is responsible for issuing animal health guides movement of animals and their products may delegate this function to FEDEGAN or affiliated bodies to the federation or secretariats of agriculture, farmers' organization, Umatas or any organization producer, after complying with the accreditation procedures to ensure the proper functioning of the control systems mobilization.
The infrastructure for the implementation of this administrative function, as regards health licenses and guidelines mobilization is a joint responsibility of the respective local authorities, farmers' organizations, ICA and resources FEDEGAN of which Article 16 of this law.
PARAGRAFO. The Ministry of Agriculture and Rural Development, through the ICA, shall regulate the national unification guidelines mobilization of cattle and marks and numbers for identification purposes livestock.
Article 9. VACCINATION RECORD ONLY. Monitoring and control of vaccination will, by the ICA. Farmers' organizations and other authorized entities established immunization records in their areas of influence under the supervision of ICA and should report these records to ICA.
Article 10. Epidemiologic Surveillance. The process of epidemiological surveillance will be of general responsibility, therefore, all officials of public and private agencies, veterinarians and animal scientists doctors, professionals and producers in the livestock sector will act as surveillance officers. The information generated by said monitoring process will be consolidated into a single system under the responsibility of ICA.
ARTICLE 11. AREAS OF VACCINATION. The ICA based on epidemiological studies and risk will establish the areas of the country should be carried out massive, cyclical and compulsory vaccination against FMD.
PARAGRAFO. It is the obligation of national authorities and local authorities collaborate with the ICA in implementing measures adopted on plans and programs of animal vaccination, subject to fulfillment of the functions inherent in his office. Failure to follow these rules by public officials, constitute grounds for misconduct.
ARTICLE 12 OF REQUIREMENTS FOR MOBILIZATION. Police authorities and administrations end such destinations as fairs, slaughterhouses, cold, places of concentration of livestock and livestock farms are obliged to demand and enforce the requirements for the mobilization in accordance with the rules force issued by the ICA.
ARTICLE 13. INTERVENTION IN THE MOBILIZATION OF ANIMALS. Health authorities, with the support of municipal administrations and other authorities, may, in accordance with administrative act issued by the ICA, intervene mobilization processes of cattle and other species susceptible to foot and mouth disease, where there are obvious health risks.
ARTICLE 14 OF preferential treatment to INPUTS FOR VACCINES. Importing items and inputs necessary for the production of vaccines and for research and operation of the National Program for the Eradication of FMD enjoy preferential tariff treatment and customs.
ARTICLE 15. CONTROL ON BIOLOGICAL. The health quality of biological products used for the prevention, control and eradication of FMD will be controlled by the ICA at the stage of production, distribution, marketing and import and shall comply with the requirements for the purpose by the institute, who will perform further studies on the protection afforded by biological and measures deemed relevant in foreign trade according to the internal rules of sanitary control and the level of risk to national animal health will be taken.
ARTICLE 16. RESOURCES OF ERADICATION NATIONAL PROGRAM FMD. The national eradication program FMD will for operation with the following resources:
- At least thirty percent (30%) of the revenues of the National Livestock Fund.
- Resources caused by fines imposed on the basis of this law and other resources that the ICA intended for compliance with the National Program for the Eradication of FMD.
- The resources Cattlemen funds intended for the eradication of foot-and in any case not less than thirty percent (30%) of Agricultural Extension category.
- Other resources of national and international sources. PARAGRAPH 1.
. The allocation of resources in this article refers to will end once have met the objectives of this law. PARAGRAPH 2.
. The contribution of the article is about 2o. Law 89 of 1993, will continue to be the zero point seventy-five (0.75%) and seventy-five (75%) of a current legal minimum daily wage, in respect of milk and meat, respectively. The resources for this increase is allocated fifty percent (50%) to the National Disease Eradication Program, while the objectives of this law are met.
The remaining fifty percent (50%) will be allocated to the establishment of a stabilization fund for the promotion of export of meat and milk and dairy products under the terms established in Chapter VI of Law 101 of 1993. Effective Notes
ARTICLE 17. SANCTIONS. Without prejudice to any criminal penalties that may apply, the Colombian Agricultural Institute, ICA, impose a reasoned decision on violators of this law the following sanctions:
1. Fines of up to 100 monthly minimum wages, according to the gravity of the infringement, the real threat to the eradication of FMD has been caused and the social cost generated. This sanction also incur those who made the sale or application of the vaccine fraudulently.
2. Cancel the registration granted by the ICA biological distributors.
3. Confiscate products, byproducts and elements that affect or threaten, or violate the provisions of this law.
PARAGRAFO. The criteria for the imposition of sanctions must be regulated by the National Commission in accordance with the principles of equality, fairness and proportionality of the infringement.
ARTICLE 18. OF LIABILITY. ICA will be direct responsibility as the governing body of the animal health enforce the rules on sanitary quality of biological and implementing disease control measures in the stages of production, distribution, marketing and import. Meanwhile
laboratories producing vaccines against FMD are responsible for maintaining the biological commercially available in places, periods and amounts provided in the regional and national plans and strict compliance with health standards and control dictated by the ICA, or the entity that replaces it.
Activities rightful develop the ICA and laboratories producing vaccine against FMD, in accordance with the provisions of this Article, must ensure the integrity of the biological to the final distributor.
ARTICLE 19. SALE OF ASSETS. Effective Notes
ARTICLE 20 OF THE TERM. This law applies from the date of its promulgation in the Official Gazette and repeals all provisions that are contrary.
The President of the honorable Senate,
LUIS FERNANDO LONDOÑO CAPURRO.
The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Sincé, Sucre, 2 August 1997.
Ernesto Samper Pizano The Deputy Minister of Finance and Public Credit,
office of the Minister of Finance and Public credit,
EDUARDO FERNANDEZ DELGADO.
The Minister of Agriculture and Rural Development,
ANTONIO GOMEZ EDUARDO MERLANO.
The Minister of Health, MARIA TERESA