Advanced Search

Act 1255 2008

Original Language Title: LEY 1255 de 2008

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

1255 OF 2008

(November 28)

Official Journal No. 47.187 of 28 November 2008

CONGRESS OF THE REPUBLIC

For which it is declared of national social interest and as a health priority the creation of a program that preserves the sanitary state of free country of Avian Influenza, as well as the control and eradication of the disease of the Newcastle on the national territory and other measures are being dictated to strengthen the development of the national poultry sector.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

GENERALATIONS.

ARTICLE 1o. Declare of national social interest and as health and public health priority the preservation of the sanitary state of free country in Avian Influenza, as well as the control and eradication of the Newcastle disease on the national territory.

Ir al inicio

ARTICLE 2o. . . The operation and operation of the physical, technical, technological and organizational structure of the Program to preserve the free status of Avian Influenza and control and eradicate Newcastle on the national territory, will be guided by the principles of concertation and co-management between the public and private sectors.

Ir al inicio

ARTICLE 3o. OF THE INCLUSION IN THE DEVELOPMENT PLANS OF ACTIVITIES AIMED AT THE PREVENTION AND/OR CONTROL OF AVIAN INFLUENZA. The National Poultry Commission, which deals with Article 18 of this Law, will recommend to public and private entities at the national, departmental and municipal level that have, among their functions, health protection, public health, poultry technology research and transfer, biological production, education and training of the agricultural sector to include in its plans and programs for development and investment activities which are aimed at the implementation of the Programmes to prevent the presence of the avian influenza virus, and encourage the control and eradication of Newcastle, in accordance with the constitutional and legal provisions on the material.

Ir al inicio

ARTICLE 4. EPIDEMIOLOGICAL SURVEILLANCE. The epidemiological surveillance process shall be of general responsibility, therefore, all officials of public and private entities that develop functions and activities that have to do with the sector Avian influenza and/or Newcastle disease, in particular veterinary surgeons, zootechnists and professionals specialised in the subject, shall act as notifying agents of any suspected occurrence of avian influenza and/or Newcastle disease.

The information generated shall be consolidated by the competent public authority in its epidemiological information and surveillance system and shall serve as a basis for the establishment of the relevant public and health measures.

CHAPTER II.

OF THE AVIAN INFLUENZA PROGRAM.

Ir al inicio

ARTICLE 5o. PROGRAM TO PRESERVE THE HEALTH STATUS OF A COUNTRY FREE FROM AVIAN INFLUENZA.

Create a Program that preserves the country's health status free from Avian Influenza. For the establishment of this program, the National Government through the Ministry of Agriculture and Rural Development, particularly the Colombian Agricultural Institute-ICA, will adopt the measures they consider necessary and will incorporate the required resources.

Ir al inicio

ARTICLE 6o. OF THE CONTROL OVER THE VACCINES FOR AVIAN INFLUENZA. In case the application of vaccines for the control of Avian Influenza in the national territory is necessary, these will be authorized and controlled by the Colombian Agricultural Institute. ICA, in its import, distribution and marketing phase. That entity shall carry out further studies on the results of the biological.

Ir al inicio

ARTICLE 7o. CONTROL OVER THE REAGENTS FOR THE DIAGNOSIS OF AVIAN INFLUENZA. The reagents used for the diagnosis of Avian Influenza will be authorized and controlled by the Colombian Agricultural Institute-ICA.

Ir al inicio

ARTICLE 8o. CONTROL OVER THE LABORATORIES PERFORMING THE DIAGNOSIS OF AVIAN INFLUENZA.

The laboratories that perform the diagnosis of Avian Influenza will be authorized and supervised by the ICA.

The laboratories carrying out tests for the diagnosis of Avian Influenza must report in a period not longer than 24 hours, all positive results to the ICA, who will be the entity responsible for making the results official, under the prior obligation of your confirmation.

CHAPTER III.

OF NEWCASTLE ERADICATION.

Ir al inicio

ARTICLE 9o. CONTROL AND ERADICATION. Create a Program for the control and eradication of Newcastle in the national territory where the poultry is involved.

PARAGRAFO. The ICA will allocate the corresponding budget item to ensure the development of the Newcastle Control and Eradication Programme.

Ir al inicio

ARTICLE 10. OF THE VACCINATION. State the compulsory vaccination of birds susceptible to Newcastle disease on the national territory.

Ir al inicio

ARTICLE 11. FROM THE SINGLE VACCINATION REGISTER. The surveillance, control and registration of the vaccination shall be carried out by the ICA, who may delegate such functions under its supervision to public or private entities.

Ir al inicio

ARTICLE 12. HEALTH quality of the biologics used for the prevention, control and eradication of Newcastle will be monitored by the ICA in the production, distribution, marketing and import phase, and must comply with the requirements laid down by the ICA for the purposes of the effect, who shall carry out further studies on the protection conferred by the biological and shall take the measures deemed relevant in the field of external trade according to the internal health control standards and at the level of risk for national avian health.

CHAPTER IV.

GENERAL PROVISIONS REGARDING AVIAN INFLUENZA AND NEWCASTLE.

Ir al inicio

ARTICLE 13. FUNCTIONS OF THE COLOMBIAN AGRICULTURAL INSTITUTE-ICA. It will be functions of the ICA in addition to the inherent ones, the following:

a) Atend and timely control any suspected disease.

b) Establish the necessary control measures for the care of any health emergency.

c) Control and regulate the mobilization of birds and their products in the national territory in the event of a outbreak or outbreak.

d) Conduct active and passive epidemiological surveillance on species susceptible to the occurrence of avian influenza disease or Newcastle disease.

e) To permanently perform, at the national level, the differential diagnosis of the disease.

f) Coordinate the implementation in the national territory of the health agreements signed and which are signed with national and international entities, which are aimed at supporting the activities envisaged in the framework of this law.

g) Collect, process and analyse, through the development of a system of information and surveillance, the necessary data to enable the country's health status with regard to Avian Influenza and Newcastle to be known in a timely manner.

h) Perform training, outreach and education tasks on Avian Influenza and Newcastle.

i) Develop and maintain an information system that enables the poultry industry to be aware of the progress of projects as well as emergency situations in a timely manner.

Ir al inicio

ARTICLE 14. PREFERENTIAL TREATMENT FOR THE IMPORT OF REAGENTS FOR DIAGNOSIS OR VACCINES.

In case the importation of reagents for the surveillance of Avian Influenza and Newcastle, or of vaccines to prevent and control Newcastle and control the Avian Influenza within the national territory, the National Government of the According to the provisions of article 189 of the Political Constitution of Colombia, it may grant preferential customs treatment, subject to compliance with the requirements technical and legal to take place.

Ir al inicio

ARTICLE 15. ICA shall establish surveillance and control mechanisms for imports into live birds, poultry products and by-products in ports, airports and border crossings for the purpose of ensuring the health of the country.

Ir al inicio

ARTICLE 16. OF THE COMPENSATION SYSTEM. In non-food and non-food emergency events where it is necessary to eliminate or destroy infected birds or their products as a result of the presence of the Avian Influenza virus, the ICA shall apply the Article 13 of Decree 1840 of 1994 or the rule that amends it.

PARAGRAFO 1o. Dealing with the elimination or destruction of birds or their products infected by Newcastle disease, the compensation referred to in this Article shall only apply in officially recognised areas. as free from the disease.

Ir al inicio

ARTICLE 17. The ICA will prohibit the entry into Colombia of live birds and avian products from countries or areas in which avian influenza and Newcastle strains have been registered with an IPIC greater than or equal to 0.7. For this purpose, the affected country or area shall be closed until it has found that it has been released from the disease.

The ICA must carry out the risk analysis in order to verify the eradication of the disease (s) and the health condition of the country or area of origin, within the term that for this purpose indicates, so that later the same entity issue an animal health concept that allows for the entry of live birds, products and byproducts into Colombia.

The National Government will regulate the matter.

CHAPTER V.

POULTRY NATIONAL COMMISSION.

Ir al inicio

ARTICLE 18. NATIONAL POULTRY COMMISSION. Create the National Poultry Commission as an advisory body and adviser to the National Government for:

a) The Minister of Agriculture and Rural Development or the Deputy Minister of Agriculture and Rural Development;

b) The Minister of Social Protection or the Deputy Minister of Health;

c) The General Manager of the ICA;

d) The Executive Chairman of Fenavi;

e) Two representatives of small poultry farmers.

The General Manager of the ICA or whom the delegate will do as Technical Secretary of the National Poultry Commission.

PARAGRAFO 1o. You may be invited to the meetings of the National Poultry Commission for persons deemed relevant.

PARAGRAFO 2o. The National Poultry Commission will meet ordinarily once a year in the month of August. Extraordinarily will meet when circumstances warrant it.

PARAGRAFO 3o. The Ministry of Agriculture and Rural Development, will regulate within the ninety (90) days following the enactment of this law, the election and the period during which they will participate in the National Poultry Commission representatives of small poultry farmers.

Ir al inicio

ARTICLE 19. FUNTIONS OF THE COMMISSION. The following are the functions of the Commission:

a) Propose the actions to be carried out for the control and eradication of Avian Influenza in case of the presentation of a focus or outbreak in the national territory.

b) Propose the actions to be carried out for the control and eradication of Newcastle.

c) Keep track of existing plans, programmes and legislation to address the diseases of Avian Influenza and Newcastle.

d) Propose budgetary needs for compliance with the commitments of this law.

e) Recommend the operational zones for the implementation of the Newcastle eradication programme.

f) Propose actions to ensure avian health at ports, airports and border crossings.

g) Other actions inherent in the achievement of their objectives and which do not correspond to other governmental authorities.

CHAPTER VI.

POULTRY PROMOTION QUOTA.

Ir al inicio

ARTICLE 20. OF THE POULTRY PROMOTION QUOTA. Please modify the article 3or Law 117 of 1994, which will be as follows:

From the time of this law, create the Poultry Development Quota, which will be constituted by the equivalent of one point seventy-five percent (1.75%) of the commercial value of each bird of a day of birth in an incubator destined to the production of meat, and by the equivalent of seven-point seventy-five (7,75%) of the commercial value of each bird of a day of hatchery intended for the production of eggs.

PARAGRAFO transient. During the first year of application of this law, the Poultry Development Fee shall be the equivalent of one point twenty-five per cent (1.25%) of each bird's commercial value of one day of hatchery intended for the production of meat, and for the equivalent of six per cent (6.00%) of the commercial value of each bird of a day of hatchery intended for the production of eggs.

During the second year of this law, the Poultry Development Fee shall be constituted by the equivalent of one point fifty percent (1.50%) of each bird's commercial value of one day of hatchery intended for the production of meat, and for the equivalent of six points fifty per cent (6.50%) of the commercial value of each bird of a day of hatchery intended for the production of eggs.

From the third year of validity of this law, the Poultry Development Fee shall be constituted by the equivalent of one point seventy-five percent (1.75%) of each bird's commercial value of one day of hatchery intended for the production of meat, and by the equivalent of seven-point seventy-five per cent (7.75%) of the commercial value of each bird of a day of hatchery intended for the production of eggs.

Ir al inicio

ARTICLE 21. Amend article 6or Law 117 of 1994, which will remain so:

Of the objectives of the National Poultry Fund. The resources of the National Poultry Fund shall apply exclusively to the Financing of Research and Technology Transfer Programs, technical assistance, animal health, training and economic studies, collection and dissemination of information, provision of services to the poultry industry, promotion of consumption and exports, price stabilization, technical assistance and training for small poultry farmers and support the actions that the National Poultry Fund is responsible for, in accordance with the provisions of the CONPES documents which are aimed at improving the health and safety conditions of Colombian poultry farming.

CHAPTER VII.

OF SANCTIONS AND RESPONSIBILITIES.

Ir al inicio

ARTICLE 22. OF THE SANTIONS. Without prejudice to the sanctions to be imposed, the Colombian Agricultural Institute-ICA, may impose the following sanctions by means of a reasoned resolution to the violators of this law:

(a) Fines of up to 100 (100) Monthly Minimum Legal Wage in force in accordance with the seriousness of the infringement. This sanction also incurs those who make the sale or application of vaccines fraudulently.

b) Cancellation of the registration granted by the ICA to the biological distributors.

(c) Disregard of products, by-products, and elements that affect, endanger, or violate the provisions of this law.

PARAGRAFO 1o. The ICA must take into account, for the imposition of sanctions, the principles of equality, equity and proportionality of the infringement.

PARAGRAFO 2o. For the imposition of the sanctions provided for in this article, the ICA shall apply the procedure enshrined in the Administrative Countercyclical Code.

Ir al inicio

ARTICLE 23. OF THE RESPONSIBILITY. It shall be the direct responsibility of the ICA as a competent animal health entity, to enforce the standards on the sanitary quality of the biological and to implement the health control measures in its production phases, distribution, marketing and imports.

For their part, the producers and importers of vaccines against Newcastle disease or in the case where the importation of vaccine against the avian influenza virus is required, are responsible for maintaining the commercial disposition of the virus. biological in the places, periods and quantities which the health authority determines. In addition, they must comply strictly with the health and control standards dictated by the ICA.

The activities to be carried out by the ICA and the producing laboratories or importers of the vaccines in this article must ensure the integrity of the biological to the final distributor.

CHAPTER VIII.

VALIDITY.

Ir al inicio

ARTICLE 24. OF THE VALIDITY. This law governs from its enactment in the Official Journal and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

HERNAN ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., at November 28, 2008.

ALVARO URIBE VELEZ

The Minister of Finance and Public Credit,

OSCAR IVAN ZULUAGA ESCOBAR.

The Minister of Agriculture and Rural Development,

ANDRES FELIPE ARIAS LEYVA.

Ir al inicio