Livestock Organizations Act

Original Language Title: Ley de Organizaciones Ganaderas

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LAW OF LIVESTOCK ORGANIZATIONS

LIVESTOCK ORGANIZATIONS LAW

Official Journal of the Federation January 6, 1999

Latest Reform Published DOF April 9, 2012

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

ERNESTO ZEDILLO PONCE DE LEÓN, 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 CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

LIVESTOCK ORGANIZATIONS LAW

TITLE I

GENERAL PROVISIONS

ARTICLE 1o.- This Law is in the public interest and general observance throughout the country. It aims to establish the bases and procedures for the constitution, organization and operation of livestock organizations in the country, which are integrated to protect the interests of their members, as well as the criteria that support the development and improvement of the production and marketing processes of livestock products.

The application and administrative interpretation of the provisions contained in this order corresponds to the Federal Executive through the Secretariat of Agriculture, Livestock, Rural Development, Fishing and Food.

ARTICLE 2o.- As not provided for in this Law, the Federal Law of Administrative Procedure and civil or commercial law will be applied in an additional manner. corresponds.

ARTICLE 3o.- The Federal Executive, through the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food, will coordinate its actions with the other agencies and entities of the Federal Public Administration, as well as with the governments of the federal entities and municipalities, in the field of their corresponding powers for the proper implementation of this Law.

The livestock organizations referred to in this Law will be considered in the public interest, so both the Federal Government and the governments of the entities The Commission will give its full support to the implementation of the objective set out in Article 5. of this order.

ARTICLE 4o.- For the purposes of this Act it is understood by:

I. Livestock activity: Set of actions for the rational exploitation of animal species oriented to the production of meat, milk, egg, honey, skin, wool and other zootechnical interests, in order to satisfy vital needs or of human development;

II. General local livestock association: an organization that groups livestock farmers engaged in the rational exploitation of any animal species, in a determined municipality;

III. Specialized local livestock association: an organization that groups breeders of a given animal species in a municipality, as set the regulation;

IV. National Confederation of Livestock Organizations: organization that groups regional, general, or state and specialized livestock unions;

V. Animal species: the reproduction of which is controlled by man, in order to propagate it, to obtain satisfaction of vital needs or human development;

VI. Livestock: physical or moral person engaged in the breeding, production, promotion, and rational exploitation of some animal species;

VII. Law: Law on Livestock Organizations;

VIII. Local: territorial extent to which a municipality counts;

IX. Livestock organizations: general and specialized local livestock associations, general or state regional livestock unions, and the National Confederation of Livestock Organizations, all of them duly constituted in the terms of this Act;

X. Producer Padron: the list of members of a livestock organization, indicating their name or social reason, private addresses, the denomination of the premises, the type of property of the premises, the locality in which they carry out their activities and the the overall inventory of animals held by the register;

XI. Livestock region: zone that by its geographic and economic characteristics determines the Secretariat in terms of the regulation of this Law;

XII. Secretariat: the Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food.

XIII. Individual production unit: that is operated by a physical person individually;

XIV. Collective production unit: that is exploited by any of the moral people referred to by the laws;

XV. General regional livestock union: organization that groups at least thirty percent of local livestock associations, general in one livestock region or in a state; and

XVI. Specialized regional livestock union: organization that groups at least forty percent of specialized local livestock associations in a livestock region or in a state.

TITLE II

OF LIVESTOCK ORGANIZATIONS

CHAPTER I

Of The Object

ARTICLE 5o.- The livestock organizations referred to in this Law shall have as their object:

I. Promote and encourage among its partners the adoption of technologies suitable for sustainable and sustainable development and the rational exploitation of diverse livestock species;

II. Orienting production according to market conditions, either by intensifying or limiting it;

III. Promote the integration of the production chain-process-marketing for the supply of the markets, and encourage the consumption of the products of origin National production animal as well as induce participation in foreign trade;

IV. Propose the development of Mexican Official Standards and Mexican Standards in livestock production and animal health matters to the authorities competent, and to promote their application to ensure the supply of quality livestock products;

V. To strive for the standardization of livestock products in order to meet market demands, speed up commercial operations, intervene as consultation body in the authorization of import quotas for the sector, and first of all to encourage those who are concerned to obtain better quality products and to be able to achieve this, better income for the partners;

VI. Identify and disseminate financial options that benefit your associates, as well as advocating for the formation of legal credit figures. Livestock organisations shall be recognised in terms of the relevant law as ancillary credit organisations for the support of their members and the achievement of their own objectives as economic entities;

VII. Propugnar by the installation, in the places they create convenient, of packing plants, pasteurizers, refrigerators, cardadoras, washing machines and all those necessary for the industrialization, conservation and marketing of livestock products;

VIII. To assist with the Secretariat in the field of animal health in the terms of the corresponding Law;

IX. To strive for the formation of cooperative organizations and in general, any other type of organizations that favor capitalization and competitiveness of the animal husbandry and contribute to the direct realization of the inherent economic activities;

X. Intervening as a participation and consultation organ in the National Democratic Planning System, as well as in the formulation of policy proposals development and promotion of livestock activity;

XI. Represent before all kinds of authorities, the common interests of their associates and propose the measures they deem most appropriate for protection and defense of the same;

XII. To assist with the Secretariat, when requested, in the elaboration, implementation and execution of horizontal and vertical integration programs of the livestock activities;

XIII. Support its affiliates in the performance of their tax obligations, in accordance with the general observance provisions for this purpose. Secretary of Finance and Public Credit;

XIV. Establish trusts to promote the consumption of livestock products and by-products, the rationalization of their temporary surpluses and the strengthening the livestock sector to maintain and expand domestic and foreign uses of domestic production; and

XV. The others that derive from their nature, their statutes, and those that point to other legal orders.

CHAPTER II

Of constitution, organization, and registration

ARTICLE 6o.- The country's cattlemen will have at all times the right to freely and voluntarily associate themselves, in accordance with the ninth Constitutional article.

Local livestock associations and regional livestock unions may be of a general or specialized nature.

ARTICLE 7o.- The Secretariat shall record the constitution, organization and operation of livestock organizations, subject to compliance with the requirements established in this Law, its Regulations and other applicable provisions.

The livestock organizations referred to in this Law will have legal personality, once they are registered.

The livestock organizations incorporated in the terms of this Law, have in their favor the presumption of being representative of the livestock production of the locality or region in which they operate.

ARTICLE 8.- The general local livestock associations shall be integrated at least, by thirty cattlemen organized in individual production units or collective, breeders of at least five bovine animals or their equivalence in other species, as provided for in the Regulation of this Law.

Specialist local livestock associations shall be integrated at least by 10 breeders of any particular animal product, as the case may be. establish the regulation and in accordance with the equivalences determined therein.

Producers will be able to apply at any time, their income to local livestock associations, general or specialized, in terms of this regulation. Law.

ARTICLE 9o.- General or state and specialized regional livestock unions shall be constituted when they are grouped and operating at least, with 30% of the general or specialised local livestock associations, of a livestock region or of a state, and have at least three months of operation, counted from the date of their registration by the Secretariat.

ARTICLE 10.- The National Confederation of Livestock Organizations, a designation reserved exclusively for the national livestock organization registered by the Secretariat, will be integrated with regional, general or state and specialized livestock unions, and will reside in the capital of the Republic.

The issues of knowledge of the National Confederation of Livestock Organizations will be resolved through the voting system established by the National Confederation of Livestock Organizations. Law; each livestock union shall represent two votes to be exercised through its delegates.

ARTICLE 11.- Without prejudice to the organizations referred to in Article 4 (IX). of this order, may be constituted national organizations of producers by specialized branch or by species product, which will enjoy autonomy in terms of the present order and will have in all time the right to enter the National Confederation of Livestock Organizations, in accordance with the regulations of this Law.

ARTICLE 12.- The National Confederation of Livestock Organizations representing all regional livestock unions, will promote to the Federal Government, the projects, initiatives or efforts that tend to fulfill the purposes that this Law determines.

Local livestock associations and regional, general or state livestock unions, and specialized, will be able to attend on behalf of their affiliates. municipal and state governments, respectively, according to the address of the same and the authority to which they are to be managed.

ARTICLE 13.- The Secretariat shall open a register of livestock organizations that are established in accordance with this Law, in which the Act shall be settled. Constitutive and the Statutes of the same, the number and identity of its members, the ones of liquidation and dissolution and in general, the acts and documents that modify their inscriptions. It shall also carry out the registration of the trade marks and tattoos which have been authorised in the municipalities by the relevant delegation, in the terms laid down in the Regulation.

The mobilization of livestock that is carried out in the Mexican Republic with reasons for the transfer of ownership or for any other purpose, will be carried out always and when:

A) The property is properly credited with the corresponding purchase bill;

B) Get the Local Association certification that exists in the municipality and;

C) Check that the animal health requirements have been met.

The statutes of the livestock organisations in the terms laid down by the regulation must, at least, contain rules relating to integration, powers and functioning of its organs; the assets of the organization; the systems of choice of its directors, the duration of the managerial positions and the incompatibilities for its performance, as well as the rights and obligations of its members; associates.

ARTICLE 14.- The livestock organizations referred to in this Law, as organizations for consultation and collaboration of the State, will be required to provide all reports requested by the Secretariat concerning livestock censuses, producers ' rolls and other livestock consultations and services.

ARTICLE 15.- It is the obligation of the Secretariat to provide technical services, incentives and other support for the promotion and development of livestock and livestock. livestock organizations that are established in accordance with this Law; as well as the Secretariat of Finance and Public Credit to support the livestock organizations constituted in terms of this Law to collect the special quotas of their agencies that are intended to promote the consumption of products, the consumption of products and livestock by-products, the rationalization of their temporary surpluses and the strengthening of the livestock sector to maintain and expand domestic and foreign uses of national production.

ARTICLE 16.- The organizations referred to in this Law shall have no more purposes than those laid down in Article 5o. of this order; they will not be of a lucrative nature even if they carry out paid activities on the economic process of the livestock production in favor of the support of the association, seeking in all times the proportionality of the distribution of resources among the various organizations.

They will also not be able, under the penalty of dissolution, to force their associates to carry out partisan political activities or to adopt any partisan militancy.

The political participation of its members in the individual, shall be carried out freely and voluntarily in the terms of Articles 35, fraction III and 41, Part I, final part of the second paragraph of the Political Constitution of the United Mexican States.

CHAPTER III

From dissolution

ARTICLE 17.- Livestock organizations will be dissolved:

I. By agreement of the two-thirds of its associates in ordinary general assembly that must be specially convened for this purpose, or by the impossibility of continuing to achieve the objectives outlined in this Law and its statutes;

II. When they do not have sufficient resources for their support or for the fulfillment of their object in terms of this Law;

III. Because the number of associates becomes less than the minimum required that this Act sets, or

IV. In the event that the Secretariat issues a resolution revoking its registration, for the reasons provided for in this Law, or for judicial resolution that it has caused execution.

The organization will be wound up, in the applicable legal terms.

ARTICLE 18.- The liquidation will be carried out by at least one representative of the Secretariat, one of the National Confederation of Livestock Organizations and one of the the livestock organisation concerned, in accordance with the procedure laid down in the Regulation.

TITLE III

OF ADMINISTRATIVE PENALTIES AND REVIEW FACILITY

ARTICLE 19.- For the imposition of the penalties provided for in this Law, its Regulations and other applicable provisions, the Secretariat shall be subject to the provisions of the Federal Law of Administrative Procedure.

ARTICLE 20.- To whom by itself or by person, misuse of the various denominations of the livestock organizations to which it refers is The law will impose a fine of five hundred to a thousand days of daily minimum daily wage in the Federal District at the time of the infringement. The same penalty shall be imposed on the person who is representing a livestock organisation, without the corresponding registration.

In case of recidivism the fine imposed for the previous infringement will be doubled, without its amount exceeding the maximum double.

ARTICLE 21.- The livestock organizations which, in the opinion of the Secretariat, do not perform the activities of the aid in the field of animal health with due diligence provided for in Article 5 (VIII). This law will impose a fine of eight hundred thousand six hundred days of daily minimum daily wage in the Federal District. The recidivism will be sufficient reason for the Secretariat to cancel its registration.

ARTICLE 22.- To those livestock organizations that fail to comply with Article 14 of this Law, they will be fined three hundred to six hundred days. of the daily general minimum wage in the Federal District.

ARTICLE 23.- Those affected by the acts and resolutions of the Secretariat that terminate the administrative procedure, an instance or resolve a file, may institute review proceedings in terms of the Federal Administrative Procedure Act.

TITLE IV

OF THE CONTROVERSY SOLUTION

ARTICLE 24.- The conflicts that arise in the organization and operation of the organizations referred to in this Law will be resolved in terms of their statutes.

ARTICLE 25.- Dealing with conflicts between local livestock associations or between these and the regional livestock unions, the Secretariat will intervene request for part in the terms of your regulation.

When the controversy originates from causes linked to the National Confederation of Livestock Organizations, the competition to resolve them will be from the Secretariat, from agreement with the applicable regulatory standards.

ARTICLE 26.- The resolutions issued by the Secretariat in these cases shall be final and shall not be subject to further administrative appeal.

TRANSIENT

FIRST.- This Law will take effect the day following its publication in the Official Journal of the Federation.

SECOND.- The Law of Livestock Associations of the Twelve of May of a thousand nine hundred and thirty-six is opened.

THIRD.- As long as the regulatory provisions of this Law are issued, those on the matter shall continue to be applied in advance, in all that do not object to this order.

The Federal Executive will issue the corresponding regulation of this Law.

FOURTH.- The National Unions of Avicultors and Beekeepers; the Local Livestock Associations Specialised in Apos and Apiculture; the National Association The National Association of Diversified Breeders of Animals, the National Association of Diversified Breeders of Animals and the National Association of Diversified Breeders of Fauna And Cattle of Registration, who are affiliated to the Confederation National Livestock; and in general, all other organisations or associations and which have the same object, whatever the legal status they have adopted when they are established, shall continue to have legal personality in terms of were constituted and the benefits conferred on them by Article 11 of this Law.

QUINTO.- The governing bodies of the livestock groupings formed in accordance with the Law that is repealed, and the entry into force of this order have not concluded the period for which they were elected, will continue to carry out their duties, at which the Secretariat will carry out the respective calls for meetings to hold assemblies in which new tables are chosen and modified their statutes to bring them into line with applicable provisions.

Trying from the National Confederation of Livestock Organizations, the Secretariat will issue the corresponding call when the current exercise of the current National Livestock Confederation directive for the purposes of the preceding paragraph.

SIXTH.- The current assets of the livestock organizations legally constituted and registered with the Secretariat, belong to those associated with the date entry into force of this order, are recognized and registered in the respective organization.

These organizations will determine, at the time of the statutory adjustments to be made in the terms of this Law, the patrimonial regime that will prevail in the the same.

Mexico, D.F., at December 14, 1998.-Dip. Salvador Sanchez Vázquez, President.-Sen. José Ramírez Gamero, President.-Dip. Clarisa Torres Mendez, Secretary.-Sen. Gabriel Covarrubias Ibarra, Secretary.-Rubicas".

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for the present Decree at the residence of the Federal Executive Branch, in Mexico City, Federal District, at thirty-one day of December of a thousand nine hundred and ninety-eight.- Ernesto Zedillo Ponce de León.-Rubrica.-El Secretary of Government, Francisco Labastida Ochoa.-Heading.