Law Of Protection And Promotion Of The Welfare Of Pets.

Original Language Title: LEY DE PROTECCIÓN Y PROMOCIÓN DEL BIENESTAR DE ANIMALES DE COMPAÑÍA.

Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/ley-de-proteccion-y-promocion-del-bienestar-de-animales-de-compania/archivo_documento_legislativo



1 DECREE No. 330

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I. That pursuant to Article 65 of the Constitution, the health of the inhabitants of the Republic is a public good, and the state as well as people
are obliged to ensure their conservation and restoration; Furthermore, Article 117 of the same Constitution states that it is the duty of the state to protect natural resources and the diversity and integrity of the
environment to ensure sustainable development.
II.- with the aim of promoting respect, protection and defense of animals
, incorporate principles in our legislation, to promote the protection and welfare conditions thereof; helping the Salvadoran society acquires a conscience void of violence toward animals
.
III.- in most Salvadoran households, families living with one or more pets; however, sometimes people do
behaviors of abuse, torture or unnecessary suffering to the animals, either intentionally or inadvertently, so it is necessary to ensure their protection and development.
IV.- That notwithstanding their support pets to people, many are subject to neglect and abuse by their owners and
people in general, so it is necessary to educate and regulate human behavior to protect these animals, helping to maintain the balance of our environment.
THEREFORE,
in exercise of its constitutional powers and initiative of MEPs: Francisco José Zablah Safie, Lucía del Carmen Ayala Leon, Silvia Figueroa Alejandrina Castro, Humberto Contreras Ricardo Henriquez, Jorge Alberto Bernal Escobar, Patricia Elena Gallardo Valdivieso;
of Deputies and the legislative period 2012-2015: Eduardo Enrique Zepeda Barrientos, Edilberto Hernandez Castillo, Norma Carolina Ramirez, Douglas Leonardo Mejia Aviles, Bertha Mercedes Rodriguez and with the support of Deputies and Guillermo Francisco Mata Bennett, John Tennant Wright Sol, José Francisco
Merino Lopez, Evelyn Batres Marta Araujo, Valentin Aristides Corpeño Raul Omar Cuellar, Yaneth Hernandez Estela Rodriguez, Mario Antonio Lopez Ponce, Adelmo Santos Rivas Rivas, Ana Vilma Albanez de Escobar, Norman Noel González Quijano, Molina David Ernesto Reyes, Flores Santiago Alfaro, Ana Marina
Alvarenga Barahona, Gustavo Danilo Acosta Martinez, Jose Damian Joy, Dina Yamileth Argueta Avelar, Almendáriz Antonio Rivas, Rodrigo Avila Aviles, Ana Lucia Baires Martinez, Luis Alberto Batres Garay, Rosa Armida Barrera, Anabel Belloso Yolanda Salazar, Edmundo Cabrera Yohalmo Chacon, Jose Vidal Delgado Carrillo, Norma Cristina Cornejo Amaya, Felissia Crystals Guadalupe Miranda, Alma Rosa Cruz

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Sailor, Crissia Suhan Chavez Garcia, René Escalante Gustavo Zelaya, Juan Manuel de Jesus Flores Cornejo, Carlos Alberto García, Jorge Adalberto Joshua Godoy, Karla Elena Hernandez Molina, Francisco Jimenez Bonner
Belloso, Audelia Guadalupe Lopez de Kleutgens Rodolfo Antonio Martinez, Maria Otilia Matamoros Hernandez, Jose Mario Mirasol Crystals, Misael Mejia Mejia, Jose Santos Melara Yanes, José Alfredo Miron Ruiz, Cristina López, Ana Maria Gertrudis Ortiz Lemus, Palma
Lisseth Arely Figueroa, Jose Javier Palomo Nieto, Zoila Beatriz Quijada Solis, Jesus Nelson Quintanilla Gomez, Milton Ricardo Ramírez Garay, Carlos Armando Reyes Ramos, Francisco José Rivera Chacon, Aquilino Rivera Posada, Sonia Margarita Rodríguez Siguenza, Alex Rosales Rolando Guevara, Alberto Rodriguez Armando Romero
Jaime Orlando Sandoval, Marcos Francisco Salazar Umaña, Karina Ivette Sosa, Victor Hugo Suazo Alvarez, Carlos Alfonso Tejada Ponce, Juan Alberto Valiente Alvarez Donato Vaquerano Eugenio Rivas, Mauricio Vargas and Maria Paola Siri Zablah.
DECREES the following:
LAW OF PROTECTION AND PROMOTION OF THE WELFARE OF PETS

Object Art. 1. This Act aims to promote the responsibility of individuals to seek
welfare, good care, management and control of pets; also it will seek comprehensive protection against acts of cruelty caused or permitted by persons directly or indirectly to cause them unnecessary suffering, injury or death. Purpose

Art. 2. This Act aims to:
a) Generate a civic culture that increases respect for life and good care to
animals through education;
B) To promote citizen participation in the adoption of measures for protection

Pet;
C) To ensure the health and welfare of companion animals, promoting proper
reproduction and control of zoonoses; and
d) To prevent and eradicate all acts of abuse and cruelty to companion animals, preventing them
unnecessary suffering.

Obligees Art. 3. remain bound by this Act any natural or legal person, which maintains a permanent or occasional interaction with pets.

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Art Definitions. 4. For the purposes of this Act, shall apply:
a) Animals abandoned: are all company that roam the street
without any identification of its origin or its owner; and that having identification is not reported the loss by its owner. Also they consider that abandoned while under human responsibility, lack of basic care
measures;
B) Pets: dogs, cats or other pets to
acquired company to its owner, possessor or holder, who usually keeps at home and is also commonly referred to as "pets";
C) Animal welfare: state in which the animal has satisfied their physiological needs, health and behavior;
D) Training Center: place in which the modification of the animal's behavior is performed, in order to prepare it for performing routines, exhibition and entertainment purposes; sports, for the safety of people and property, assistance to disabled or police support;
E) Animal abuse: any act or omission deliberately by any person who causes unnecessary suffering, pain, injury or death to an animal;
F) Animal protection: are the actions taken by the State and society in general, leading to monitor and ensure animal welfare and
prevention against abuse, unnecessary suffering and exploitation indiscriminate;
G) Rehabilitation: recover action, health, physical, mental and behaviorally to a
animal, who suffered some kind of pathology or was abused;
H) Unnecessary Suffering: is any physical or psychological suffering caused to a
animal, which may have been reasonably prevented by an act or omission. It does not include the suffering caused in order to benefit an animal or person in immediate management of a situation; and,
i) Zoonosis: illness or infection that occurs in animals and is transmitted to people.
Responsible for enforcing the Act
Entities Art. 5. They will have authority and obligation to enforce this law, within the scope of their legal powers, the following entities:

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a) Municipalities;
B) Ministry of Agriculture and Livestock;
C) Ministry of Health; and
d) Ministry of Environment and Natural Resources. Functions

Responsible Entities Art. 6. The entities responsible for enforcing the law, have the following functions:
a) Approve and coordinate the National Policy on Protection and Promotion of the Welfare of Animals
Company; which will award the Ministry of Agriculture and Livestock, and require inter-agency contribution by area of ​​competence;
B) To manage cooperation funds for the achievement of the objectives of this Act and implementation of the National Policy on Protection and Promotion of Animal Welfare Society;
C) To grant permits for the operation of commercial establishments, farms and service providers associated with handling, care, production, exhibition and sale of pets, which will be in charge of the Ministry of Agriculture and Livestock, || | Health and Environment and Natural Resources; Regulation of this Law shall establish the requirements; municipalities to grant permissions must request that have been granted previously, permits by the institutions before
mentioned, who keep a register which will be sent to the Ministry of Agriculture, to be create a database at the national level;
D) Regular annual operation of natural or legal persons providing protection services and animal welfare non-profit, related to pets, who after having met the requirements of Regulation
this Law, obtain the respective permits to be granted by the Ministry of Agriculture, Health and Environment and Natural Resources; municipalities to grant permissions must request have been

Granted previously, permits by the aforementioned institutions, who keep a register which will be sent to the Ministry of Agriculture, so that it create a database at national level;
E) To undertake programs of education, prevention and control of zoonoses, which will be in charge of the Ministry of Health and Ministry of Agriculture, for which they require
cooperation of municipalities, public universities and private and other educational institutions can make agreements for granting social hours; and


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f) Receiving complaints for non-compliance with this Act and punish the offenses committed, which corresponds to the municipalities through its delegate
Municipal contravencional or designated official to whom.
National Policy on Protection and Promotion of Animal Welfare
Art Company. 7. The National Policy on Protection and Promotion of Animal Welfare company,
shall contain, among other guidelines:
a) The provisions in Article 2 concerning the purpose of this Act;
b) The dissemination of this Act;
C) cooperation agreements or collaboration with foundations and associations and animal welfare protection;
D) Establish a program of population control for pets; and
e) Conducting surveys pets. Compulsory Institutional

Art. 8. All state institutions are obliged to cooperate within their competence, with the entities responsible for enforcing the law.

Preventive Education Art. 9. The Ministry of Education will be obliged to include in the national curriculum promoting animal welfare, training educators in order to sensitize students and the general population.
Committee for the Protection and Promotion of Animal Welfare
Art Company. 10. Create the National Committee for the Protection and Promotion of Animal Welfare Society, hereinafter called "The Committee" as an advisory body for the implementation of this Act
. The Committee shall be composed of one delegate from the following institutions:
a) Ministry of Agriculture, who will be the coordinator;
B) Ministry of Health;
C) Ministry of Education;

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d) Ministry of Environment and Natural Resources;
E) Corporation of Municipalities of the Republic of El Salvador (COMURES);
F) Veterinary Medical Association, legally constituted;
G) Universities have career veterinary medicine; and
h) Foundations and Associations Animal Welfare Protection and legally constituted.
This Committee shall meet at least twice a year, when convened by the Minister of Agriculture and Livestock.
In the case of subparagraphs f), g) and h) Regulation of this Law will define the process of calling, election and appointment.

General Obligations Art. 11. The obligations of all inhabitants in the Salvadoran territory:
a) Protect domestic and companion animals, promote their welfare, avoiding abuse, cruelty and unnecessary suffering, and provide assistance;
B) Report to the competent authority, animal abuse and any irregularity or violation of this Act; and
c) To prevent and report acts of bestiality.
Obligations of the Responsible Pet
Company and Art. 12. Any person responsible for a pet and companion, is obliged to:
a) not cause abuse, cruelty or unnecessary suffering to the animals;
B) Maintain the animal welfare, adequate physical and sanitary conditions, providing housing, food, water and shelter after their kind;
C) not abandon them;
D) immunize against diseases of zoonotic risk and protect it from diseases of its kind;
E) Take control of vaccination through a primer or evidence;

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f) Seek to control reproduction of their animals;
G) Identify your pet through a plate or other distinctive;
H) Be responsible for any damages the animal causes to a third party, either in their
person or property, as well as other animals, unless the damage can not be attributed to the fault of the owner or guardian or responsible animal care;
I) Perform proper disposal of dead pet animals, the process will be established in the Regulation of this Law; and
j) Other obligations under this Act, other laws, regulations or municipal ordinances.
Access Restriction

Art. 13.- access and permanence of pets inside the premises for the production, manufacture and distribution of food or human health related products is prohibited.
The remaining premises and establishments, including restaurants, and government offices, they may be reserved, at its discretion, admission of pets inside, if not to admit them should show a visible sign on the outside of the facilities.
Companion animals that assist persons with disabilities and be accompanied by such animals, have access to the places mentioned in the preceding paragraph and shall carry
their respective distinctive. Ban

Art dogfighting. 14. promote or perform shows including fights between dogs is prohibited.

Dogs Rehabilitation Art. 15. Dogs with problems of socialization, must walk with muzzle, chest belt or appropriate to their physical characteristics.
If a dog exhibits aggressive behavior, responsible dog will have the option to receive this dog veterinary care and / or rehabilitation required.
In cases where the dog had caused damage by aggressive behavior, it should be evaluated by a veterinarian. If after the evaluation is the dog is declared restorable, its owner will have the option of financing their rehabilitation; It should be declared non-restorable may apply the humane slaughter.

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Minimum Rules for the Transfer Companion Animal Art
Conditions. 16. Subject to compliance with national rules, moving pets, are carried out at least in vehicles to protect them from the weather, with sufficient ventilation, and will be used at all times to avoid procedures: cruelty, bad treatment, extreme fatigue and lack
rest. It also must ensure water and food for animals transported and adequate sanitary hygienic conditions.
When the movement of animals, is made in the back of pick ups or other vehicle with box also must be protected and properly secured.

Art hostels or shelters. 17.- shelters or refuges will have the necessary guidance and supervision of the State to fulfill its social function, for which the National Policy on Protection and Promotion of Animal Welfare Society and the Rules of this law shall be established
control and monitoring thereof; in this sense they may carry out mainly the following:
a) To serve as a refuge for animals that lack the owner or holder;
Assisting in feeding and care;
B) Provide for adoption animals are in good health, which
will be regulated through the Regulation of this Law;
C) Broadcast media suitable, informing the public about good
treatment of animals should keep and raise awareness of the decision it involves acquiring an animal and its social consequences; and
d) Structuring rehabilitation programs dogs.

Art Training Centers. 18. The training centers must comply with the provisions of this Act,
and operation shall have the respective authorizations. These centers must have accredited to practice staff and keep a record book containing information identifying pets and their owners, as well as the type of training
each animal.
These centers will base their work on the use of techniques that facilitate coexistence and good performance
pets in different social environments, using appropriate methods and based on the knowledge of ethology and veterinary, which do not involve unnecessary physical ill-treatment, or psychological harm.

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Training and Demonstration Art. 19. The training or demonstration pet will be as follows:
a) The animal owners who wish to train them, you must perform in centers or places;
B) To show or trainings in public places, they must have the proper authorization of the municipalities; and
c) the use of live prey, in the case of training for defense is prohibited.

Art Hospedajes and nurseries. 20.- properties in any activity hosting service development or

Pet daycare, in addition to complying with the provisions of this Act shall have:
a) Food, appropriate conditions and sufficiently broad
care facilities according to the size of the animal, avoiding overcrowding, which can be several days in comfort;
B) Cages, with ample space and places where animals may have spread outside them;
C) adequate care to ensure their protection and welfare;
D) A veterinarian who permanently monitor the animals;
E) Provide immediate medical veterinary care if you are injured or sick animal, besides giving notice to the owner, moving it if necessary to give
where he specialized care; and
f) The owner and staff accommodation or childcare animals are responsible for
custody, in the event that their escape, injury or death is adjudicated to them.
Authorization and Registration of Commercial Activity
Companion Animal Art. 21. The holding and breeding of pet animals for commercial purposes of any kind
inside the dwellings, is subject to sanitary hygienic capabilities, housing, absence of health risks and the absence of hazards or inconvenience to others.

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Any natural or legal person engaged in breeding, sale, lodgings, kindergartens and training centers pet, is required to have the corresponding authorizations
as provided in this Act and its Regulations, and to utilize the most appropriate procedures and have all the necessary means so that the animals maintain a welfare state.

Kennels Art. 22. Who set up a center for breeding of pets will be required to fulfill the following:
a) Looking after the animals are born, grow, live, to feed, reproduce and develop in an adequate, clean, healthy, without crowding and without abuse;
B) Ensuring the welfare and the basic conditions for the life of the animal as food, water, enabling environment, veterinary care, prevention and treatment of diseases;
And
c) Schedule pregnancy and childbirth in stages and according to each of the species, so that females recover properly, avoiding
exploitation and / or mass reproduction of these.
The Regulation of this Law will develop the authorization, supervision, inspection,
period of reproduction, marketing and other obligations with respect to these farms.
Animal Experimentation and Research Company
Art. 23.- experiments or scientific research carried out with animals
company must have a proper protocol and procedures performed using where to avoid causing pain, unnecessary suffering to the animal or permanent damage. To do this prior authorization of the Ministry of Agriculture will be required, provided that such acts are
essential for the study and advancement of science, upon the occurrence of the following:
a) that the experimental results can not be obtained by other procedures or alternative
;
B) experiences are necessary for the control, prevention, diagnosis, or treatment of diseases
affect people or animals; and
c) experiments can not be replaced by tissue culture
computer models, drawings, films, photographs, videos or other similar procedures.
Expressly prohibited practices remain vivisection in levels of primary and secondary education; for teachers and teaching purposes, you should use methods as far as possible

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alternative, such as diagrams, software tools, three-dimensional models, simulators, videos, photos among other electronic means.
Humane Slaughter
Companion Animal Art. 24. The sacrifice of pets can only be done because of the suffering you have, or the case of animals that pose a threat to public health.
The humane killing of animals shall be under the control of a veterinarian in office, clinic or animal hospital, or at home of the holder and preferably the method
authorized to perform it is intravenous injection; They may also be other methods that do not generate suffering to the animal used, which will be proposed by the Committee for approval in the Regulation of this Law. Exceptionally because of the suffering animal suffering and in the absence of a

Veterinarian, humane slaughter may also apply. The sacrifice will be held, preferably in appropriate locations using methods that cause immediate loss of consciousness and do not involve suffering according to the regulations of this Law.
In the case concerned pet constituting a threat to public health, the Ministry of health may make directly the slaughter of these animals with the collaboration of municipalities.

Type of Infringements Art. 25.- administrative offenses shall be considered acts and omissions typified in this Act, classified as minor, serious and very serious.

Minor Offences Art. 26. Minor infringements are:
a) The owner let your dog is on public roads in urban areas without identification.
B) The purchase and hawking pet, or unauthorized establishments;
C) Failure to inform the competent authorities or animal protection organizations collaborating, the existence of a companion animal in need of help;
D) Keep pet in inadequate physical conditions, and do not provide accommodation and shelter after their kind;

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e) Failure to provide the primer with updated vaccination record when it is requested by the competent authority; and
f) Failure by the person responsible for the pet animal, taking it to give you the necessary veterinary medical care.

Serious Violations Art. 27. There are serious infringements:
a) The abuse or unnecessary suffering for pets that cause pain or disabling injuries;
B) Keeping a pet in inadequate spaces where it can not develop their motor functions;
C) Transporting pets inappropriately, in accordance with the provisions of this Act;
D) Do not keep pets in good sanitary conditions;
E) The sale of dogs and cats less than 45 days old; and
f) Evade the vaccination of companion animals provided by the competent authority, provided not by any private means, which must be recorded in the respective primer vaccination.

Very Serious Infractions Art. 28. Very serious infringements:
a) The lack of logbooks entry and exit of pets, and non-submission of such books as the responsible entities require them, by farms, shelters, lodging , lodgings and animal training centers;
b) The abuse or unnecessary suffering pet that is causing disability or death
;
C) The abandonment of pets within a property or on public roads;
D) The sacrifice of pets that violates the conditions or requirements established by this Act;
E) Do not provide pets water and food;

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f) Failure to comply with the provisions of Article 14 of this Law on the rehabilitation of dogs;
G) Prevent the authorized by the competent authority personnel, access to the facilities of the establishments under this Act, as well as provide information
documentation that they require or provide such information so inaccurate;
H) intentionally provide food or medicines that contain substances that can cause, in companion animals, unnecessary suffering or death;
I) Conducting scientific experiments or processes that are prohibited in accordance with the provisions of this Act;
J) The abandonment of dead pet animals or inadequate sanitary disposal;
K) Failure to comply with the provisions of Article 22 of this Law concerning the
hatcheries;
L) Allow Pets abandoned in establishments engaged in the sale, locked up for more than 8 hours without food, water, access
to light, proper temperature, and veterinary care;
M) Intervene pets surgically without anesthesia and without possessing the title of veterinary medicine
duly registered with the Veterinary Medical Monitoring Board, except in cases of urgency duly confirmed; and
n) Promote or perform shows involving fights between dogs.

Sanctions Art. 29. The penalties for violation of the provisions contained in this Act,
without prejudice to the legal action that the complainant deems appropriate, shall be as follows:

A) Minor offenses will be punished by a fine up to minimum wage
trade and service sectors;
B) Serious offenses will be punished with fine of from one to three minimum wages
trade and service sector; and
c) Very serious offenses shall be punished with fine of three to four minimum wages
trade and service sector.



14 Accompanying sanctions Art. 30. They may take the following additional penalties:
a) Prohibition purchase or possession of pets for five years, for very serious
;
B) temporary or permanent closure of establishments pet trade,
farms, guest houses, training centers and nurseries for recidivism of very serious offenses; and
c) temporary or permanent shelter or shelters for very serious infringements recidivism Close.
In the temporary or permanent closure of shelters or refuges, Regulation of this Law shall establish the procedure to be conducted to maintain wellness, good care, management and control of animals.
Gradual Implementation of Sanctions
Art. 31. The competent authority shall impose sanctions in accordance with the following criteria of gradualism:
a) The seriousness of the offense;
B) The existence of intentionality; and
c) The nature of the damage caused.

Sanctioning Competition and Art School. 32. Competition for implementation and penalties for infringements is entrusted to municipalities.
Home
Sanctioning Administrative Process Art. 33. The punitive administrative proceedings initiated ex officio; as well as through verbal complaint, written or by any technological means, to the appropriate municipality, which must be submitted to the municipal contravencional delegate or the official to whom the term
designate within seventy-two hours.

Procedure 15

Art. 34. Failure to comply with the rules contained in this Act shall be processed in accordance with punitive administrative proceedings regulated by the Municipal appropriate.

Provisional Measures Art. 35. Initiate the disciplinary proceedings, investigating the administrative authority may, after motivation, as an interim measure, the temporary rescue pets for very serious offenses; for which municipalities may enter into agreements with foundations and associations
Protection and Animal Welfare, legally constituted, with the aim that they safeguard and ensure the protection and welfare of these animals. Exception

Art. 36.- excluded for purposes of this Act, the animals used in rodeos, palenques, skills and judgment of livestock, equestrian competitions and horse shows; beauty contest and / or structure; obedience and canine agility work, copies registered in the books of origins of each of their races; You may perform cosmetic modification
dogs which must be done by a veterinarian. Furthermore, the animals intended for production for human consumption.

Injunction Art. 37.- When there are two complaint, or officially known, in a building that is being committed abuse, cruelty, neglect or any form of harm to animals, and their owners are not in a such property or not forsake the National Civil Police or the Body of Municipal Agents of
municipalities comply with the provisions of this Act, the latter shall request the magistrate of the city or turn court, a court order to enter that property and to comply with the provisions of this Act, for which the court to which he sought such a request, there will be time
24 hours to issue the order.

Regulations Art. 38.- The President of the Republic shall issue the necessary regulations of this Law,
in a period not exceeding ninety days from the effective date of this Act.

Validity Art. 39. This Act shall come into effect sixty days after its publication in the Official Journal.

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GIVEN IN BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the seventh day of April in the year two thousand and sixteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO, FIFTH VICE.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.
MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat. SIXTH SECRETARY.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, this twenty-ninth day of April in the year two thousand and sixteen.
Published, Salvador Sanchez Ceren,
President of the Republic.
Elvia Violeta Menjivar Escalante,
Minister of Health.
OJ No. 82 Volume No. 411
Date: May 4, 2016
SP / Adar 05/26/2016
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