Why It Is Declared Social Interest And National Health Priority As The Eradication Of Fmd Throughout Colombia And Other Measures To This End Are Held

Original Language Title: Por la cual se declara de interés social nacional y como prioridad sanitaria la erradicación de la fiebre aftosa en todo el territorio colombiano y se dictan otras medidas encaminadas a este fin

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ACT

(August 2)

Official Journal No. 43,107 of 14 August 1997

For which the eradication of foot-and-mouth disease throughout the Colombian territory is declared to be of national social interest and as a health priority, and other measures are being dictated to this end.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. THE ERADICATION OF FOOT-AND-MOUTH DISEASE AS A NATIONAL SOCIAL INTEREST. State of national social interest and as a health priority the eradication of foot-and-mouth disease. In order to meet this objective, the National Government through the Ministry of Agriculture and Rural Development, particularly the Colombian Agricultural Institute, will adopt the necessary health measures.

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ARTICLE 2o. OF THE INCLUSION IN THE DEVELOPMENT PLANS OF THE ACTIVITIES AIMED AT THE ERADICATION OF FOOT-AND-MOUTH DISEASE. The National Commission for the eradication of foot-and-mouth disease referred to in Article 4 of this Law shall recommend to the institutions public and private of the national, departmental and municipal order that have among its functions the health protection, research and transfer of livestock technology, the production of biological, education and training of the agricultural sector, include in their development and investment plans and programmes, activities that contribute to compliance with the National Foot-and-mouth Disease Eradication Program, in accordance with the constitutional and legal provisions governing the matter.

PARAGRAFO. For the purposes of this law, adopt as a standard the National Program for the Eradication of Foot and Mouth Disease, concluded between public and private entities in the agricultural and livestock sector.

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ARTICLE 3o. operation and operation of the physical, technical and organizational structure of the National Program for the Eradication of Foot and Mouth Disease will be guided by the principles of coordination and co-management. between the public and private sectors and shall constitute the operational basis for the eradication of the disease.

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ARTICLE 4. FROM THE NATIONAL COMMISSION. Create the National Commission for the Eradication of Foot-and-Mouth Disease as an advisory body and adviser to the National Government, made up of:

(a) The Minister of Agriculture and Rural Development or the Deputy Minister of Agricultural and Fisheries Development, who will chair it;

b) The General Manager of the ICA;

c) The President of Fedegan;

d) A representative of the milk producers ' cooperatives, chosen by the cooperatives;

e) A representative of the Board of Directors of the National Livestock Fund;

f) A representative of the National Federation of Livestock Funds.

PARAGRAFO 1o. They will be invited to the meetings of the National Commission when they address issues of their competence, among others, the following officials: the Head of the Agricultural Unit of the National Planning Department, representatives of the laboratories producing the biologic, a representative of the Aécvez and the representatives of the Corpes. These people will be able to request to be heard in the Commission on their subject areas.

PARAGRAFO 2o. The Commission will ordinarily meet two (2) times a year, the first meeting will be held in the month of March and the second in the month of September; extraordinarily will meet when the circumstances meriten. All its members will act with voice and vote, the guests will only act with voice.

The ICA, through its Animal Health Division, will serve as Technical Secretariat.

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ARTICLE 5o. FUNCTIONS OF THE NATIONAL COMMISSION. The following are functions of the National Commission:

a) Develop and approve your rules of procedure;

b) Establish an advisory technical committee, define its functions, structure and dictate its rules of procedure;

c) Approve the pilot projects of the National Foot-and-mouth Disease Eradication Program and its modifications, according to a project presented by the Technical Committee;

d) Carry out monitoring and evaluation of the implementation of the investment budget of the National Foot-and-mouth Disease Eradication Programme;

e) Recommend regional disease control programs;

f) Design and operationalize the plan for monitoring and evaluating regional plans;

g) Recommend the creation of a fund for the application of the sanitary rifle;

(h) To continuously monitor legislation related to the control, prevention and eradication of foot-and-mouth disease, and to make appropriate recommendations;

i) To expand and conserve the FMD-free zones and to monitor and monitor them;

j) Recommend the establishment of sanitary checkpoints with support from the public force;

k) Ensure that the foot-and-mouth disease vaccine and its application does not represent a minimum cost for the livestock producer;

l) Other that are necessary for the achievement of their objectives and that do not correspond to other governmental authorities.

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ARTICLE 6o. ICA FUNTIONS. They will also be the functions inherent in the ICA, the following:

a) Declare health emergencies and establish the necessary and sufficient health control measures to address such emergencies;

b) Coordinate in the national territory, the health agreements signed in the framework of international agreements of a bilateral or multilateral nature;

c) To permanently perform the etiological diagnosis of foot-and-mouth disease in the country;

d) Set the date of the vaccination cycles;

e) Evaluate the technical performance of livestock organizations in relation to the Foot-and-mouth Disease Eradication Program;

f) Collect, process and analyse, through the existing information and surveillance system, the necessary data to describe, study and infer the behaviour of foot-and-mouth disease;

g) Atend and control timely, any suspected vesicular disease;

h) Control the mobilization of animals susceptible to the disease, throughout the national territory;

i) Coordinate training, outreach and education on foot and mouth disease;

j) Control the quality of the biological used for the eradication of foot-and-mouth disease.

SINGLE PARAGRAPH. The National Government will regulate the prevention of the entry of exotic etiological agents, control measures for enzootic agents, including measures in pregod, mobilization of animals and their products, measures at trade fairs, slaughterhouses, epidemiological surveillance, quarantine measures, biological control and eradication procedures and controls for both endemic and exotic etiological agents national territory, and the measures to be deemed relevant in respect of the external trade according to the internal rules of health control and according to the level of risk to national livestock health.

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ARTICLE 7o. OF THE LIVESTOCK ORGANIZATIONS AND OTHERS. The cattlemen's organizations authorized by the ICA and other organizations of the sector, for the execution of the campaign against foot-and-mouth disease, in addition to meeting its statutory objectives, must to work to combat this disease, in accordance with the rules laid down in this field.

SINGLE PARAGRAPH. The vaccination record before the ICA shall be subject to the application of the biological or to the supervision of its application by livestock organizations, cooperatives and other authorized organizations. by this institute where they exist.

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ARTICLE 8o. DISPATCH OF MOBILIZATION GUIDES AND SANITARY LICENSE. The ICA is the entity responsible for the issue of animal health guidelines for the mobilization of animals and their products, and may delegate this function to Fedegan or to the affiliated organizations. to this federation or to the secretariats of agriculture, cattlemen's organizations, Umatas or any producer organization, prior to compliance with the accreditation procedures that guarantee the proper functioning of the systems of mobilization control.

The infrastructure for the implementation of this administrative function, in terms of the health licenses and the mobilization guides, is of joint responsibility of the respective territorial entities, the organizations of farmers, the ICA and Fedegan with the resources in question under Article 16 of this Law.

PARAGRAFO. The Ministry of Agriculture and Rural Development, through the ICA, will regulate the unification at the national level of livestock mobilization guides and brands and figures for the identification of livestock.

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ARTICLE 9o. OF THE SINGLE VACCINATION REGISTER. The surveillance and control of the vaccination shall be carried out by the ICA. Livestock organisations and other authorised entities shall establish vaccination records in their areas of influence under the supervision of the ICA and shall report these records to the ICA.

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ARTICLE 10. EPIDEMIOLOGICAL SURVEILLANCE. The epidemiological surveillance process shall be of general responsibility, therefore, all officials of public and private bodies, veterinary and zootechnical doctors, professionals and producers The livestock sector will act as surveillance agents. The information generated by this surveillance process will be consolidated into a single system under the responsibility of the ICA.

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ARTICLE 11. OF THE VACCINATION ZONES. The ICA based on the epidemiological and risk studies shall establish the zones of the country in which mass, cyclic and compulsory vaccination against foot-and-mouth disease must be carried out.

PARAGRAFO. It is the duty of the national authorities and the territorial authorities to collaborate with the ICA in the implementation of the measures it adopts on animal vaccination plans and programmes, without prejudice to the compliance with the functions inherent in his office. Failure to comply with these rules by public officials will be a cause of misconduct.

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ARTICLE 12. OF THE MOBILIZATION REQUIREMENTS. The police authorities, as well as the administrations of the final destinations, such as fairs, slaughterhouses, fridges, places of cattle concentration and livestock farms, are under the obligation to demand and enforce the requirements for mobilisation in accordance with the rules in force issued by the ICA.

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ARTICLE 13. INTERVENTION IN THE MOBILIZATION OF ANIMALS. The health authorities, with the support of the municipal authorities and other authorities, may, according to the administrative act issued by the ICA, intervene in the mobilisation of bovine animals and other species susceptible to foot-and-mouth disease, where there are obvious health risks.

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ARTICLE 14. THE PREFERENTIAL TREATMENT OF VACCINE INPUTS. The importation of elements and inputs necessary for the production of vaccines, as well as for the investigation and operation of the National Foot-and-mouth Disease Eradication Program will enjoy a preferential tariff and customs treatment.

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ARTICLE 15. HEALTH quality of the biologics used for the prevention, control and eradication of foot-and-mouth disease will be controlled by the ICA in the production, distribution, marketing and import phase and it must meet the requirements for the purpose of determining the institute, which shall carry out further studies on the protection conferred by the biological and shall take the measures deemed relevant in the field of foreign trade of In accordance with the internal rules for health control and at the level of risk to animal health national.

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ARTICLE 16. OF THE RESOURCES OF THE NATIONAL PROGRAMME FOR THE ERADICATION OF FOOT-AND-MOUTH DISEASE. 4 of Law 925 of 2004. The new text is as follows: > The National Foot-and-mouth Disease Eradication Program will be available for operation with the following resources:

-At least thirty percent (30%) of National Livestock Fund collections.

-The resources caused by fines imposed under this law and the other resources that the ICA will make for the implementation of the National Foot-and-mouth Disease Eradication Program.

-The resources to be used by the Livestock Funds for the eradication of foot-and-mouth disease, in any case not less than thirty percent (30%) of the agricultural extension.

-Other national and international source resources.

PARAGRAFO 1o. The affectation of resources referred to in this article shall be terminated once the objectives of this law have been met.

PARAGRAFO 2o. The contribution that is treated by item 2or. of Law 89 of 1993, will continue to be zero point seventy-five (0.75%) and seventy-five (75%) of a statutory minimum daily wage, per concept of milk and meat, respectively. The resources corresponding to this increase will be allocated fifty percent (50%) to the National 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 the export of meat and milk and its derivatives in the terms laid down in Chapter VI of Law 101 of 1993.

Vigency Notes
Effective Case-law
Previous Legislation
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ARTICLE 17. OF THE SANTIONS. Without prejudice to the criminal sanctions to be imposed, the Colombian Agricultural Institute, ICA, may impose the following sanctions by means of a reasoned resolution:

1. Fines of up to 100 minimum monthly salaries in force, according to the seriousness of the violation, to the real threat that the eradication of foot-and-mouth disease has caused and the social cost generated. This sanction also incurs those who make the sale or application of the vaccine fraudulently.

2. Cancel the registration granted by the ICA to the biological distributors.

3. Confiscate the products, by-products and elements that affect or endanger, or violate the provisions of this law.

PARAGRAFO. The criteria for imposing sanctions must be regulated by the National Commission, in accordance with the principles of equality, equity and proportionality of the infringement.

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ARTICLE 18. OF THE RESPONSIBILITY. It will be the direct responsibility of the ICA as an entity of animal health to enforce the norms on the sanitary quality of the biological and to apply the measures of sanitary control in the phases of production, distribution, marketing and import.

On the other hand, the laboratories producing vaccines against foot-and-mouth disease are responsible for keeping the biological in the places, periods and quantities available in the regional and national plans and the strict compliance with the health and control standards issued by the ICA, or the entity which does its own times.

The activities to be carried out by the ICA and the laboratories producing the foot-and-mouth disease vaccine, in accordance with the provisions of this Article, should ensure the integrity of the biological agent up to the distributor. final.

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ARTICLE 19. SALE OF ASSETS. 6 of Law 925 of 2004. >

Vigency Notes
Previous Legislation
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ARTICLE 20. OF THE VALIDITY. This law governs from the date of its promulgation in the Official Journal and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

LUIS FERNANDO LONDONO CAPURRO.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

COLOMBIA-NATIONAL GOVERNMENT

Publish and execute.

Dada en Since, Sucre, 2 August 1997.

ERNESTO SAMPER PIZANO

The Deputy Minister of Finance and Public Credit,

in charge of dispatch functions

from the Minister of Finance and Public Credit,

EDUARDO FERNANDEZ DELGADO.

The Minister of Agriculture and Rural Development,

ANTONIO EDUARDO GOMEZ MERLANO.

The Minister of Health,

MARIA TERESA FORERO DE SAADE.

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