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Law Of Organic Products

Original Language Title: Ley de Productos Orgánicos

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SECRETARIAT FOR AGRICULTURE, LIVESTOCK,

SECRETARY FOR AGRICULTURE, ANIMAL HUSBANDRY, RURAL DEVELOPMENT, FISHERIES AND FOOD

DECREE to issue the Organic Products Act.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, D E C R E T A:

ORGANIC PRODUCTS LAW

Single Article: The Organic Products Act is issued.

ORGANIC PRODUCTS LAW

TITLE FIRST

LAW ENFORCEMENT AND ENFORCEMENT

Article 1.- This Law is of public order and of social interest and has as its object:

I. Promote and regulate the criteria and/or requirements for conversion, production, processing, processing, preparation, conditioning, storage, identification, packaging, labelling, distribution, transport, marketing, verification and certification of organically produced products;

II. Establish the practices to which raw materials, intermediate products, finished products and by-products in the natural state, semi-processed or processed which have been obtained with respect to the environment and comply with sustainability criteria;

III. Promote the incorporation of elements in organic production methods that contribute to the development of this sector based on the principle of social justice;

IV. Establish the minimum requirements for verification and organic certification for a control system, establishing the responsibilities of those involved in the certification process to facilitate production and/or processing trade in organic products in order to obtain and maintain the recognition of organic certificates for the purposes of imports and exports;

V. To promote production systems under organic methods, especially in those regions where environmental and socio-economic conditions are conducive to the activity or make productive conversion necessary to contribute to the recovery and/or preservation of ecosystems and achieving compliance with sustainability criteria;

VI. Allow the clear identification of products that meet the criteria of organic production to maintain the credibility of consumers and avoid harm or deception;

VII. Set the national list of permitted, restricted and prohibited substances under organic methods as well as the criteria for their assessment, and

VIII. Create a support agency to the Secretariat where the sectors of the organic production chain and governmental institutions with competence in the field participate, who will serve as an advisory council on the subject.

Article 2.- They are subject to this Law, natural or moral persons who perform or certify agricultural activities through production, collection and management systems. under organic methods, including processing and marketing.

Article 3.- For the purposes of this Law:

I. Accreditation: Procedure by which an accreditation entity recognizes the technical competence and reliability of certification bodies for the Evaluation of the compliance;

II. Agricultural Activities: Primary and secondary productive processes based on renewable natural resources such as agriculture, livestock, aquaculture, fisheries and silviculture;

III. Approval: Process in which the Secretariat legally recognizes and authorizes a Certification Body to perform the certifier or inspector functions;

IV. Organic Certification: Process through which accredited and approved certification bodies, note that production, handling and processing systems organic products comply with the requirements laid down in the provisions of this Law;

V. Organic Certificate: Document issued by the certification body with which it ensures that the product was produced and/or processed in accordance with this Law and its provisions regulatory;

VI. Council: National Council for Organic Production;

VII. Compliance Assessment: Determination of the degree of compliance with Mexican official standards or compliance with Mexican standards, international standards, or other specifications, requirements or characteristics. It includes, inter alia, the sampling, testing, calibration, certification and verification procedures;

VIII. Applicable provisions: Rules, technical guidelines, specifications, or any other normative document issued by the Public Administration Dependencies Federal having jurisdiction in matters governed by this order;

IX. Handling: The action of selling, processing or packaging organic products, the transport or delivery of crops, livestock or capture from the producer of the crops to the dealer, except that such term does not include the final marketing;

X. Excluded methods: The methods used to genetically modify organisms or influence their growth and development by means that are not possible according to conditions or processes natural and not to be considered compatible with organic production. Such methods include, in an enunciative and non-limiting manner, cell fusion, micro-encapsulation and macro-encapsulation, and deoxyribonucleic acid (DNA) recombination technology, including genetic suppression, genetic duplication, introduction of a foreign gene, and change the positions of genes when they have been achieved through DNA recombined technology. They are also known as genetically modified or obtained organisms. In such methods, the use of traditional reproduction, conjugation, fermentation, hybridization, in vitro fertilization or tissue culture are excluded.

XI. Organic operator: person or group of people performing organic operation;

XII. Organic: the term of the label that refers to a product of the agricultural activities obtained in accordance with this Law and the provisions that derive from it. Organic, organic, biological, and organic expressions with bio and eco prefixes, which are noted on product labels, are considered as synonyms and are equivalent terms for domestic and international trade purposes;

XIII. Organic certification bodies: moral people accredited and approved to carry out organic certification activities;

XIV. Conversion period: time between the beginning of production and/or organic management and organic certification of crops, livestock or other activity agriculture;

XV. Organic plan: document detailing the stages of production and organic management and includes the description of all aspects of organic production activities subject to compliance in accordance with this Law and its regulatory provisions;

XVI. Processing: the activities of cooking, baking, curing, heating, drying, mixing, grinding, beating, separating, extracting, slaughtering, cutting, fermenting, distilling, striping, wacky, preserve, dehydrate, precool, cool and freeze or manufacture similar to the above; includes packaging, repackaging, canning, packaging, framing or containment of food in containers;

XVII. Organic Production: system for the production and processing of food, animal products and by-products, plants or other satisfaction, with a regulated use of inputs external, restricting and, where appropriate, prohibiting the use of chemical synthesis products;

XVIII. Registration: any written, visual, or electronic information that consists of the activities carried out by a producer, processor, marketer, or Certification body in compliance with this Law and its regulatory provisions;

XIX. Secretariat: Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food, and

XX. Control System: It is the set of procedures and actions of the Secretariat to ensure that products called organic are obtained as establishes this Law.

Article 4.- The application and interpretation of this Law, for administrative purposes, shall be the responsibility of the Federal Executive through the Secretariat. In the case of products, by-products and forest raw materials or products and by-products of wildlife, the application and interpretation of this Law shall be the responsibility of the Secretariat for the Environment and Natural Resources.

The Secretariat will coordinate its actions with the Secretariat of the Environment and Natural Resources so that, respecting their respective competences, a one-stop shop will be established for the the certification procedure provided for in this Law involving products, by-products and raw materials falling within the scope of both dependencies.

Article 5.- They will be an extra application of this Law:

I. On Accreditation of Certification and Compliance Assessment Bodies, the Federal Law on Metrology and Standardisation;

II. Dealing with resources, raw materials, forest products and byproducts, the General Law on Sustainable Forest Development, and

III. Dealing with wildlife products and byproducts, the General Wildlife Law.

Article 6.- Corresponding to the Secretariat.

I. Propose actions to boost the development of organic production;

II. Coordinate and follow up on comprehensive development and development activities in organic products;

III. To conclude agreements for concertation and subscription of coordination agreements for the promotion of the development of organic production with the federal entities and municipalities;

IV. Promote the capacity development of the operators, Certification Bodies, evaluators and organic auditors and the expert group of input evaluators for organic operations;

V. Promote the integration of the system-based product committees in accordance with the provisions of the Sustainable Rural Development Act;

VI. Promote organic certification as well as the promotion of organic products in national and international markets;

VII. Promote scientific research and technology transfer oriented to the development of organic product production and processing activity;

VIII. To promote cooperation programs with research and teaching centers, national or international, to promote scientific research that supports the development of organic production sector;

IX. Issue the applicable instruments and/or Provisions governing the activities of the Organic Operators;

X. Publish and keep updated:

A. The national list of substances, materials, methods, ingredients, and inputs permitted, restricted and prohibited for production or management under organic methods.

B. The applicable provisions for production, harvest, capture, collection, transport, processing, preparation, processing, conditioning, identification, packaging, storage, transport, distribution, fishing and aquaculture; marketing, labelling, conditions of permitted use of substances, materials or inputs; and others forming part of the System of Control and Certification of derived products of agricultural activities bearing a labelling descriptive relative to their obtention under organic methods.

C. The specifications for the use of the organic term in product labeling.

XI. Coordinate in your case with the Secretariat of Economy to manage and maintain international equivalence for the recognition of the System of National Control, facilitate international trade in organic products, as well as evaluate the control systems applied in countries applying for equivalence agreements in the field;

XII. Promote the opening of existing tariff fractions for products from organic systems, in order to facilitate differentiated marketing and support for maintenance of the organic integrity in the exports and imports of the goods, and

XIII. Apply the rights related to the services throughout the System of national control and other administrative acts of the Secretariat that are derived from the application of this Law, which will be subject to the provisions of the Federal Law of Rights.

Article 7.- The Secretariat will coordinate with the Federal Public Administration's Dependencies in the field of their respective competencies for the subject matter of the subject matter. of this order.

TITLE SECOND OF THE CRITERIA FOR ORGANIC CONVERSION, PRODUCTION AND PROCESSING

CHAPTER FIRST OF THE CONVERSION

Article 8.- All products must go through a conversion period to access the Organic Certification. Products obtained during the conversion period may not be certified or identified as organic.

Article 9.- The general specifications to which the products are to be subject to the conversion period shall be laid down in the applicable provisions to be issued by the Secretariat.

CHAPTER SECOND OF PRODUCTION AND PROCESSING

Article 10.- The Secretariat shall publish, with the advice and advice of the Council, the applicable provisions to establish the criteria that operators must comply with at each stage of the the production chain for the production of organic products, so that they can be referred to as such on the domestic market and for export purposes.

Article 11.- For the storage, transportation and distribution of organic products, the applicable provisions published by the Secretariat shall be provided for maintain organic integrity.

Article 12.- Dealing with wildlife products and byproducts, operators will observe the criteria of the General Wildlife Law and, in the case of resources, Forest products, products and byproducts, the General Law on Sustainable Forest Development and the provisions that result from them.

THIRD TITLE OF THE NATIONAL ORGANIC PRODUCTION COUNCIL

ONLY CHAPTER

Article 13.- The National Council of Organic Production is created as a consultative body of the Secretariat, with an inclusive and representative character of the interests of the producers and agents of the company in the field of organic products. This Council will be integrated by the Secretary of the Secretariat, who will chair it, two representatives of the organizations of organic processors, one of marketers, four of the certification bodies, one of consumers and seven of the national producer organisations of the various branches of organic production.

Article 14.- Will be part of the Council representatives of the Secretariat itself, of the Secretariat of Environment and Natural Resources and of Dependencies and Entities of the Federal Public Administration related to the subject, representatives of academic and research institutions.

Article 15.- The Council will operate in the terms of its rules of procedure.

Article 16.- These are Council functions:

I. Issue opinion to the Secretariat on national or international regulatory instruments that have an impact on organic activity;

II. Express opinion and advise the Secretariat on the provisions it issues concerning organic methods, as well as for the evaluation of substances and materials;

III. Advising the Secretariat on technical aspects;

IV. To propose to the Secretariat the conclusion of agreements for the consultation and subscription of coordination agreements for the promotion of the development of organic production with the Federal entities and municipalities;

V. Encourage, in coordination with the Secretariat, the training and capacity development of operators, certification bodies, evaluators and organic and group auditors of expert input evaluators for organic operations;

VI. Coassist with the Secretariat in mutual recognition in the international field of the equivalence of the Mexican Control System;

VII. Propose to the Secretariat actions and policies that aim to promote the development of organic production;

VIII. Establish working groups in the different specific activities related to organic production;

IX. To assist with the Secretariat in the establishment of a register of the subjects addressed to the provisions of this Law, as well as in the generation of information for conform to national statistics on the production and marketing of organic products;

X. Reglamenting its internal operation, and

XI. The others assigned to you by this Law and other provisions that derive from it.

ORGANIC PRODUCT CONTROL AND CERTIFICATION SYSTEM FOURTH TITLE

CHAPTER FIRST OF CERTIFICATION BODIES AND CERTIFICATION

Article 17.- The Assessment of the Conformity and Certification of Organic Products may only be carried out by the Secretariat or accredited Certification Bodies in accordance with the provisions of this Law and the provisions deriving from it, as well as in the Federal Law on Metrology and Standardisation, in its character as an order of order.

Article 18.- The certification bodies interested in being approved to certify organic products must cover at least the following requirements:

I. Request approval to the Secretariat in writing, and

II. Prove to have been accredited by an Accreditation Entity in terms of the Federal Law on Metrology and Standardisation and/or to demonstrate Accreditation under the ISO 65 Guide or its national or other equivalent countries.

Article 19.- The operators interested in certifying their products as organic must come to an accredited and Approved Certification Body, which will evaluate the compliance of the same in respect of the applicable provisions issued by the Secretariat and shall grant, where appropriate, an organic certificate.

Article 20.- Approved Organisms for Organic Product Certification shall submit an annual report of their activities to the Secretariat, which must include a list of of the operations served and the status of their Certification, the scope and coverage of the Certification in the corresponding production units and list of organic evaluators.

Article 21.- The Secretariat will issue applicable Provisions aimed at establishing:

I. A system of records and data in which the statistics and activities carried out by the Organic Product Operators in the country are recorded;

II. Actions to be performed in the event of a Certification refusal to an Operator, and

III. The actions to be performed by the Operators in the cases of the withdrawal, end of the validity or revocation of the authorization to the Certification Bodies with which they were certifying.

Article 22.- To name a product as organic, you must have the corresponding Certification issued by an Accredited and Approved Certification Body.

Article 23.- Organic certification may be granted to an individual Operator or a group of producers, for which an organic plan should be submitted as set out by the Applicable provisions to be issued by the Secretariat.

Article 24.- The participatory organic certification of family production and/or small producers organized for this purpose will be promoted, for which the Secretariat will opinion of the Council shall issue sufficient provisions for its regulation in order to maintain compliance with this Law and other applicable provisions and to be placed on the market as organic in the domestic market.

Article 25.- Applicants for Certification of Wild and Forest Resource Products shall submit to the Organic Certification Body the authorizations that the Ministry of Environment and Natural Resources are responsible for in terms of the use and production of these products.

Article 26.- The responsibilities of the Organic Operators, the records and their characteristics, and the ways in which the Secretariat and the Secretariat are established, shall be laid down in applicable provisions. other governmental entities shall coordinate to assist the maintenance of the System of National Control to ensure the organic integrity of the certified organic products.

CHAPTER SECOND OF THE USE OF METHODS, SUBSTANCES AND/OR MATERIALS IN ORGANIC PRODUCTION

Article 27.- The use of all materials, products and ingredients or inputs that come from or have been produced from excluded methods or organisms obtained or modified genetically, they are banned in the entire production chain of organic products.

Article 28.- The Secretariat shall publish and keep up to date the list of permitted, restricted and prohibited materials, substances, products, inputs and methods and ingredients. throughout the production chain, after evaluation and opinion of the Council's expert group.

Article 29.- The Secretariat shall issue in the applicable provisions the requirements and procedures for the assessment of materials, substances, products, inputs and methods. permitted, restricted and prohibited ingredients in the entire production chain of organic products.

CHAPTER THIRD OF REFERENCES IN THE LABELING AND DECLARATION OF PROPERTIES IN ORGANIC PRODUCTS

Article 30.- Only products that comply with this Law may be identified with the term "organic" or equivalent labels on the label as well as in the properties, including advertising material and commercial documents and points of sale.

Article 31.- In order to give identity to organic products on the domestic and international markets, the Secretariat, with the opinion of the Council, will issue a national flag. which will carry the organic products that comply with this Law and its provisions.

Article 32.- Observing the applicable provisions on labelling, the Secretariat will issue specific provisions for the labelling and declaration of organic products as well as the use of the national flag.

FIFTH TITLE OF IMPORTS OF ORGANIC PRODUCTS AND INPUTS FOR ORGANIC PRODUCTION

ONLY CHAPTER

Article 33.- When a product is imported under organic or labeled organic designation, it must come from countries where regulations and control systems exist. equivalent to those existing in the United Mexican States, or failing that, these products must be certified by an organic certification body approved by the Secretariat.

Article 34.- The organic integrity of the product must be maintained from the import to its arrival at the consumer. Imported organic products that do not comply with the requirements of this Law and its complementary provisions for having been exposed to a prohibited treatment, will lose their status as organic.

Article 35. Plant and animal materials, as well as organic seeds for breeding purposes, shall be accompanied by their respective organic certificate and shall also comply with with the applicable phyto and animal health provisions. In any event, the Secretariat shall analyse and determine with the opinion of the Council, on the alternative practices or inputs that will be applied to them, to safeguard the organic quality of materials and health in the national territory.

Article 36. The substances, materials, seeds, plant material and/or inputs destined for organic production may be imported provided that they are permitted and included in the national list published by the Secretariat, or in the absence thereof, which are included in the international regulations on organic food of the countries of origin and with which the Secretariat is recognized as equivalence.

SIXTH TITLE OF PROMOTION AND PROMOTION

ONLY CHAPTER

Article 37.- In order to promote agricultural and food production under organic methods, the Secretariat will conclude agreements with the governments of the federal entities, seeking the participation of the municipalities, as well as with state and national institutions and organizations, public and private.

Article 38.- The Secretariat in coordination with the Federative Entities and Municipalities in the field of their competence, will promote policies and actions aimed at:

I. To contribute to the conservation of biodiversity and the improvement of the quality of natural resources, including aquatic resources, through the application of low organic methods;

II. Contribute to food sovereignty and security by boosting organic production, and

III. Encourage the consumption of organic products to promote socially responsible consumption attitudes.

Article 39.- The Secretariat, with the opinion of the Council, will promote the adoption and development of production under organic methods for agricultural activities:

I. Take advantage of environmental and socioeconomic conditions conducive to activity;

II. To recover ecological agro systems that are in a state of degradation or are in danger of being degraded by action of conventional agricultural practices;

III. Provide a sustainable alternative to the production systems of small producers, cooperatives, ejidatarios and comuneros, and

IV. Get more value in the market or access new markets by making a sustainable alternative for producers through conversion to production organic.

Article 40.- The opening of tariff fractions for products from organic systems will be promoted for the purposes of correctly discriminating against the marketing of such products, in order to facilitate differentiated marketing and contribute to the maintenance of the organic integrity of the goods.

Article 41.- To drive the development of organic production systems and the capacities of the organic sector, the Federal Government will promote:

I. Programs and supports for those who develop agro-environmental practices under organic methods;

II. Support small organic producers to increase the efficiency of their production units, improve their income and strengthen their competitiveness in the face of agreements and treaties on the subject;

III. The design and operation of comprehensive, risk-safe financing schemes and support for certified or conversion operators, and

IV. Support certification bodies for access to international recognition of their Accreditation and organic certificates.

TITLE SEVENTH OF THE SOCIAL CRITERIA IN ORGANIC PRODUCTION METHODS

ONLY CHAPTER

Article 42.- The programs established by the Federal Government for the differentiated support of the activities governed by this order shall be considered as guiding axes, criteria of social equity and sustainability for development.

EIGHTH TITLE OF VIOLATIONS, SANCTIONS AND ADMINISTRATIVE APPEAL

CHAPTER FIRST OF VIOLATIONS AND SANCTIONS

Article 43.- These are violations of the provisions of this Law:

I. That an Operator, with full knowledge, commercializes or labels raw materials, intermediate products, finished products, and by-products as "organic," without complying with the established in this Act;

II. That certified operators use prohibited substances in violation of this Law;

III. That an approved body certifies as organic a product that does not comply with the provisions of this Law because it has been applied to prohibited practices, substances, materials and ingredients;

IV. Failure by the approved body to comply with the obligations laid down in this Law and its provisions;

V. The use by third parties of the excluded methods, as referred to in Article 3 (X), and on the basis of which the conditions of organic integrity of the methods are altered. production or organic handling units or in conversion, and

VI. The use by third parties of prohibited substances or materials and those referred to in Article 27, and in order to alter the conditions of organic integrity of the organic or conversion period operations.

Article 44. The Secretariat will sanction a fine of five thousand up to fifteen thousand times the general minimum wage in force in the Federal District to the one who commits the infractions foreseen in the Fractions I, II, III, IV and VI of the previous Article, without prejudice to the compensation of the damage caused to the person concerned, to human health, to biological diversity, to property, to the environment and to the penalties provided for in this Article. other orders.

Article 45.- The infringement provided for in Article 43 (V) shall be sanctioned by the Secretariat with a fine of fifteen thousand one to forty-five thousand times the minimum wage general in the Federal District. This is without prejudice to the compensation of the damage caused to the affected person, to human health, to biological diversity, to property, to the environment and to the penalties provided for in other orders, as well as to the compensation to the organic operator.

Article 46.- If the assumptions provided for in Article 43 (II), (III), (V) and (VI) are verified, the certification obtained shall be revoked, the products shall lose their qualification as organic and will start the certification process again. The products shall be removed from the whole lot of the production series concerned and shall be prohibited for placing on the market as organic, without prejudice to the Secretariat's order to release the labels from the lot to the production concerned by the irregularity in question.

Article 47.- For the imposition of the sanction the Secretariat shall take into account the seriousness of the offence, as well as the background, personal circumstances and circumstances. Socioeconomic status of the offender. In the event of recurrence, a fine shall be applied up to twice the maximum limit of the corresponding penalty. For cases of second recidivism, in the case of fractions III and IV of Article 43, in addition to the pecuniary sanction the revocation of the approval shall be imposed by proceeding to the disablement of 2 to 4 years to obtain new approval.

Article 48.- In none of the cases for third-party contamination will be considered an infringement by the Organic Operator nor will it be liable for the burden of proof.

ADMINISTRATIVE RESOURCE SECOND CHAPTER

Article 49.- Interested parties affected by the acts and resolutions of the Secretariat that terminate the administrative procedure, an instance or resolve a file, may An appeal for review in terms of the Federal Administrative Procedure Act.

Article 50.- Against acts issued by the Certification Bodies, interested parties may submit any claims they consider relevant, which may be They shall, in accordance with Article 122 of the Federal Law on Metrology and Standardisation, substantiate and resolve them.

TRANSIENT

ARTICLE FIRST. This Law shall enter into force on the day following its publication in the Official Journal of the Federation.

ARTICLE SECOND. The constitution of the National Council of Organic Production and its working groups shall be made within six months of the date of publication of the this Law in the Official Journal of the Federation.

ARTICLE THIRD. The Federal Executive shall issue the Regulation and other supplementary provisions correlating to this Law within six months of its entry into force.

ARTICLE FOURTH. The fees generated by the application of this Law must be covered by the budget approved for the Secretariat by the Chamber of Deputies for that effect.

ARTICLE QUINTO. The Secretariat and the Secretariat of the Environment and Natural Resources shall provide a basis for collaboration so that, in the exercise of their respective powers, they coordinate joint actions in accordance with the provisions of the second paragraph of Article 4 of the Treaty. This Law.

Mexico, D. F., as of December 8, 2005.-Sen. Enrique Jackson Ramirez, President.-Dip. Heliodoro Díaz Escarraga, President.-Sen. Sara Isabel Castellanos Cortes, Secretary.-Dip. Patricia Garduno Morales, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for its proper publication and observance, I hereby express my request for the Decree at the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of January of two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.

DECLARATION of Climatic Contingency for the purposes of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, due to the damage caused by the frost This was an atypical work that affected the municipalities of Landero and Coss, Miahuatlán, Acatlán, Chiconquiaco, Naoluco, Tonayan, Coacoatzintla and Jilotepec of the State of Veracruz.

On the sidelines a seal with the National Shield, which says: United Mexican States.-Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food.

ANTONIO RUIZ GARCÍA, Deputy Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, based on Articles 16, 26 and 35 of the Organic Law of the Federal Public Administration; 9o. of the Law of Planning; 7, 8, 32 fractions IX and X, 60, 61, 65, 89, 124 and 129 of the Law on Sustainable Rural Development; 54 and 55 of the Federation's Budget for Fiscal Year 2006; 8o. Section IV of the current Rules of Procedure of this Secretariat; 16 and 19 of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, and 1 of the Agreement by which The Ministry of Agriculture and Rural Development of this department has the power to issue declarations of climatic contingencies when the damages caused by these, affect exclusively the agricultural and fishing sector, published in the Official of the Federation on 15 October 2003, and

CONSIDERING

That the Operating Rules of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, aim to support rural low-income producers who do not have some kind of public or private assurance, which preponderantly carry out agricultural, livestock, aquaculture and fishing activities affected by climate contingencies, in order to address the negative effects caused and reincorporating them into productive activity, by means of partial compensation of the loss or generation of transitional sources of income; as well as inducing agricultural producers to participate in the culture of insurance.

Also, that the aforementioned Operation Rules, consider the electronic management of the Program through an Intranet System. In this sense, it is proposed that said System will be the only means for the attention of applications for support and their use shall be binding in the stages of the management process to be determined. To complete the above, on September 30, 2004, the Operational and Technical Guidelines of the FAPRACC's Operation and Electronic Management System were published in the Official Journal of the Federation. The programme's electronic programme on 1 October 2004.

That the C. Governor of the State of Veracruz, by electronic trade number 296, with the date of receipt 25 January 2006, requested the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, the issuance of the Climatic Contingency Declaration for the municipalities of Landero and Coss, Miahuatlán, Acatlán, Chiconquiaco, Naoluco, Tonayan, Coacoatzintla and Jilotepec of the State of Veracruz, as a result of the atypical frost, from 7 to 9 January 2006, which affected the low-income rural population. Likewise, in this petition, the C. Governor of the State of Veracruz expresses its conformity with the conditions and formulas for the co-participation of payments established by the FAPRACC operating rules in force.

That for the purposes of issuing this Declaratory, in compliance with Articles 5 and 19 of the FAPRACC's Rules of Operation, previously the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food made sure that the National Water Commission (CNA) had submitted its climate opinion on the occurrence of this phenomenon, as well as by electronic trade of reference number 296, with a reception date of 25 of January 2006, mentions that according to the Rules of Operation of the FAPRACC in the opinion of the ANC, corroborates the occurrence of atypical frost only on 7, 8 and 9 January 2006 in the municipalities of Landero and Coss, Miahuatlán, Acatlán, Chiconquiaco, Naoluco, Tonayan, Coacoatzintla and Jilotepec of the State of Veracruz.

On the basis of the above, it was determined that the aforementioned municipalities of the State of Veracruz should be declared in Climatic Contingency, so this dependency has had to next:

DECLARATION OF CLIMATIC CONTINGENCY FOR THE PURPOSES OF THE RULES OF OPERATION OF THE FUND TO SERVE THE RURAL POPULATION AFFECTED BY CLIMATIC CONTINGENCIES (FAPRIC) IN FORCE, DUE TO THE DAMAGE CAUSED BY THE ATYPICAL FROST AFFECTING THE MUNICIPALITIES OF LANDERO AND COSS, MIAHUATLÁN, ACATLÁN, CHICONQUIACO, NAOLINCO, TONAYAN, COACOATZINTLA AND JILOTEPEC OF THE STATE OF VERACRUZ

Article 1o.- For the purposes of the Operating Rules of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, it is declared as a Zone of Climate contingency, affected by the atypical frost, from 7 to 9 January of this year, to the municipalities of Landero and Coss, Miahuatlán, Acatlán, Chiconquiaco, Naoluco, Tonayan, Coacoatzintla and Jilotepec of the State of Veracruz, that once the damage has been assessed, it will proceed with the Article 19 of the FAPRACC Operation Rules.

Article 2o.- The present Climatic Contingency Declaration is issued exclusively for the purposes of accessing the resources from the authorized budget to the FAPRACC, and necessary, to the resources of the Natural Disaster Fund (FONDEN) based on what is established by article 4 of the Transitional Rules of the FAPRACC in force and the number 10 of the Rules of Operation of the FONDEN in force and compliance with the Federation's Budget for Fiscal Year 2006.

Article 3o.- The determination of the damages to mitigate, caused by the atypical frost in the aforementioned municipalities of the State of Veracruz, will be done in the terms of the Articles 2 and 19 of the Rules of Operation of the Fund to Amend the Rural Population Affected by Climatic Contingencies in force.

Article 4.- This Declaratory shall be published in the Official Journal of the Federation and in one of the newspapers of greatest circulation in the State of Veracruz.

Mexico City, Federal District, to twenty-six January of two thousand six.-The Assistant Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Power, Antonio Ruiz Garcia.-Heading.

DECLARATION of Climatic Contingency for the purposes of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, due to the damage caused by the frost Atypical that affected the Municipality of Rafael Lucio of the State of Veracruz.

On the sidelines a seal with the National Shield, which says: United Mexican States.-Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food.

ANTONIO RUIZ GARCÍA, Deputy Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, based on Articles 16, 26 and 35 of the Law Organic from the Federal Public Administration; 9o. of the Law of Planning; 7, 8, 32 fractions IX and X, 60, 61, 65, 89, 124 and 129 of the Law on Sustainable Rural Development; 54 and 55 of the Federation's Budget for Fiscal Year 2006; 8o. Section IV of the current Rules of Procedure of this Secretariat; 16 and 19 of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, and 1 of the Agreement by which The Ministry of Agriculture and Rural Development of this department has the power to issue declarations of climatic contingencies when the damages caused by these, affect exclusively the agricultural and fishing sector, published in the Official of the Federation on 15 October 2003, and

CONSIDERING

That the Rules of Operation of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, aim to support rural producers of low income that does not have any kind of public or private insurance, which preponderantly carries out agricultural, livestock, aquaculture and fishing activities affected by climate contingencies, in order to address the negative effects (a) to be used for the production of partial compensation for loss or generation of transitional sources of income; as well as inducing agricultural producers to participate in the culture of insurance.

Also, that the aforementioned Operation Rules consider the electronic management of the Program through an Intranet System. In this regard, it is proposed that this system will be the only means for the attention of requests for support and its use will be mandatory in the stages of the management process to be determined. To complete the above, on September 30, 2004, the Operational and Technical Guidelines of the FAPRACC's Operation and Electronic Management System were published in the Official Journal of the Federation. The programme's electronic programme on 1 October 2004.

What the C. Governor of the State of Veracruz, by electronic trade, folio 307, dated January 25, 2006, requested the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, the issuance of the Declaration of Climatological contingency for the Municipality of Rafael Lucio of the State of Veracruz, as a result of the atypical frost, which occurred from 18 to 19 January 2006, which affected the rural population of low income. Likewise, in this petition, the C. Governor of the State of Veracruz expresses its conformity with the conditions and formulas for the co-participation of payments established by the FAPRACC operating rules in force.

That for the purposes of issuing this Declaratory, in compliance with Articles 5 and 19 of the FAPRACC's Rules of Operation, previously the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food made sure that the National Water Commission (CNA) had submitted its climate opinion on the occurrence of this phenomenon, as well as by electronic trade of reference folio 307, dated Reception of 25 January 2006, mentions that according to the Rules of Operation of the FAPRACC in the opinion of the ANC, corroborates the occurrence of atypical frost only on 18 and 19 January 2006 in the municipality of Rafael Lucio of the State of Veracruz.

Based on the above, it was determined to declare in Climatic Contingency to the aforementioned municipality of the State of Veracruz, so this dependency has had to issue the following:

DECLARATION OF CLIMATIC CONTINGENCY FOR THE PURPOSES OF THE RULES OF OPERATION OF THE FUND TO SERVE THE RURAL POPULATION AFFECTED BY CLIMATIC CONTINGENCIES (FAPRIC) IN FORCE, DUE TO THE DAMAGES CAUSED BY THE ATYPICAL FROST THAT AFFECTED THE MUNICIPALITY OF RAFAEL LUCIO OF THE STATE OF VERACRUZ

Article 1o.- For the purposes of the Operating Rules of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, it is declared as a Zone of Climate contingency, affected by the atypical frost, from 18 to 19 January of this year, to the Municipality of Rafael Lucio of the State of Veracruz, so once the damages are assessed, it will proceed with the Article 19 of the FAPRACC Operation Rules.

Article 2o.- The present Climatic Contingency Declaration is issued exclusively for the purposes of accessing the resources from the authorized budget to the FAPRACC, and necessary, to the resources of the Natural Disaster Fund (FONDEN) based on what is established by article 4 of the Transitional Rules of the FAPRACC in force and the number 10 of the Rules of Operation of the FONDEN in force and compliance with the Federation's Budget for Fiscal Year 2006.

Article 3o.- The determination of the damages to mitigate, caused by the atypical frost in the aforementioned municipality of the State of Veracruz, will be done in the terms of the articles 2 and 19 of the Rules of Operation of the Fund to Amend the Rural Population Affected by Climatic Contingencies in force.

Article 4.- This Declaratory shall be published in the Official Journal of the Federation and in one of the newspapers of greatest circulation in the State of Veracruz.

Mexico City, Federal District, to twenty-six January of two thousand six.-The Assistant Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Power, Antonio Ruiz Garcia.-Heading.

DECLARATION of Climatic Contingency for the purposes of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, due to the damage caused by the frost Atypical work that affected the municipalities of Acultzingo, Aquila, Maltreated, Mariano Escobedo and Nogales of the State of Veracruz.

On the sidelines a seal with the National Shield, which says: United Mexican States.-Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food.

ANTONIO RUIZ GARCÍA, Deputy Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, based on Articles 16, 26 and 35 of the Law Organic from the Federal Public Administration; 9o. of the Law of Planning; 7, 8, 32 fractions IX and X, 60, 61, 65, 89, 124 and 129 of the Law on Sustainable Rural Development; 54 and 55 of the Federation's Budget for Fiscal Year 2006; 8o. Section IV of the current Rules of Procedure of this Secretariat; 16 and 19 of the Rules of Operation of the Fund to support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, and 1 of the Agreement by which The Ministry of Agriculture and Rural Development of this department has the power to issue declarations of climatic contingencies when the damages caused by these, affect exclusively the agricultural and fishing sector, published in the Official of the Federation on 15 October 2003, and

CONSIDERING

That the Operating Rules of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, are aimed at supporting rural low-income producers who do not have any type of income. public or private insurance, which preponderantly carries out agricultural, livestock, aquaculture and fishing activities affected by climatic contingencies, in order to address the negative effects caused and to reincorporate them into the activity productive, by partial compensation of loss or generation of sources Transitional income; as well as inducing agricultural producers to participate in the culture of insurance.

Also, that the aforementioned Operation Rules consider the electronic management of the Program through an Intranet System. In this regard, it is proposed that this system will be the only means for the attention of requests for support and its use will be mandatory in the stages of the management process to be determined. To complete the above, on September 30, 2004, the Operational and Technical Guidelines of the FAPRACC's Operation and Electronic Management System were published in the Official Journal of the Federation. The programme's electronic programme on 1 October 2004.

That the C. Governor of the State of Veracruz, by electronic trade number 292, dated 25 January 2006, requested the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, the issuance of the Declaratory of Climatic Contingency for the municipalities of Acultzingo, Aquila, Maltreated, Mariano Escobedo and Nogales of the State of Veracruz, as a result of the atypical frost, which occurred from 7 to 8 January 2006, which affected the rural population of low income. Likewise, in this petition, the C. Governor of the State of Veracruz expresses its conformity with the conditions and formulas for the co-participation of payments established by the FAPRACC operating rules in force.

That for the purposes of issuing this Declaratory, in compliance with Articles 5 and 19 of the FAPRACC's Rules of Operation, previously the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food The National Water Commission (CNA) would have submitted its climate opinion on the occurrence of this phenomenon, which by electronic trade of reference number 292, with a reception date of 25 January 2006, mentions that According to the FAPRACC's Rules of Operation in the opinion of the ANC, the occurrence of atypical frost only on 7 and 8 January 2006 in the municipalities of Acultzingo, Aquila, Maltreated, Mariano Escobedo and Nogales of the State of Veracruz.

Based on the above, it was determined that the aforementioned municipalities of the State of Veracruz should be declared in Climatic Contingency, so this dependency has had to be issued the following:

DECLARATION OF CLIMATIC CONTINGENCY FOR THE PURPOSES OF THE RULES OF OPERATION OF THE FUND TO SERVE THE RURAL POPULATION AFFECTED BY CLIMATIC CONTINGENCIES (FAPRIC) IN FORCE, DUE TO THE DAMAGES CAUSED BY THE ATYPICAL FROST THAT AFFECTED THE MUNICIPALITIES OF ACCULTZINGO, AQUILA, MALTREATED, MARIANO ESCOBEDO AND NOGALES OF THE STATE OF VERACRUZ

Article 1o.- For the purposes of the Operating Rules of the Fund to Support the Rural Population Affected by Climatic Contingencies (FAPRACC) in force, it is declared as a Climatic Contingency Zone, affected by the Atypical ice-cold, which occurred from 7 to 8 January of this year, to the municipalities of Acultzingo, Aquila, Maltreated, Mariano Escobedo and Nogales of the State of Veracruz, so once the damage is assessed, it will proceed with the Article 19 of the FAPRACC Operation Rules.

Article 2o.- The present Climatic Contingency Declaration is issued exclusively for the purposes of accessing the resources from the authorized budget to the FAPRACC, and if necessary, to the resources of the Fund Natural Disasters (FONDEN) based on the provisions of article 4 of the Transitional Rules of Operation of the FAPRACC in force and the number 10 of the Rules of Operation of the FONDEN in force and in accordance with the Budget of the Federation for Fiscal Year 2006.

Article 3o.- The determination of the damages to mitigate, caused by the atypical frost in the aforementioned municipalities of the State of Veracruz, shall be done in the terms of Articles 2 and 19 of the Rules of Operation of the Fund To support the Rural Population Affected by Climatic Contingencies in force.

Article 4.- This Declaratory shall be published in the Official Journal of the Federation and in one of the newspapers of greatest circulation in the State of Veracruz.

Mexico City, Federal District, to twenty-six of January of two thousand six. The Assistant Secretary for Rural Development of the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, Antonio Ruiz García.-Heading.