Law Federal De Sanidad Vegetal

Original Language Title: Ley Federal de Sanidad Vegetal

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Federal Law on Plant Health

FEDERAL PLANT HEALTH LAW

Official Journal of the Federation January 5, 1994

Last reform published DOF November 16, 2011

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

CARLOS SALINAS DE GORTARI, Constitutional President of the United Mexican States, to its inhabitants known:

That the H. Congress of the Union has served to address the following

DECREE

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

FEDERAL PLANT HEALTH LAW

TITLE FIRST

GENERAL PROVISIONS

CHAPTER I

OF THE ACT OBJECT

Article 1o.- This Law is of general observance throughout the national territory and is intended to regulate and promote plant health, as well as the the application, verification and certification of the systems for the reduction of risks of physical, chemical and microbiological contamination in the primary production of plants. Its provisions are of public order and social interest.

Article 2o.- The purpose of plant health is to promote and monitor compliance with applicable legal provisions; to diagnose and prevent dissemination and introduction of pests of plants, their products or by-products representing a plant health risk; as well as establishing phytosanitary measures and regulating the effectiveness of plant protection inputs and control methods integrated.

The regulation on pollution reduction systems is intended to promote, verify and certify the activities carried out in the field of water pollution. primary production of plants intended to avoid contamination by physical, chemical or microbiological agents, through the application of Good Agricultural Practices and the appropriate use and handling of inputs used in pest control.

Article 3o.- The phytosanitary measures established by the Secretariat will be necessary to ensure the appropriate level of protection and phytosanitary status in all or part of the national territory, for which it shall take into account the scientific evidence and, where appropriate, the risk analysis of pests, as well as the agro-ecological characteristics of the area where the plant and plant health problem originates the areas to which the plants, products or by-products are intended; seeking to protect and conserve native beneficial fauna and natural balance.

The Secretariat shall establish, the measures for the reduction of contamination risks in the primary production of plants, necessary to minimize the presence of physical, chemical and microbiological contaminants, determined through a risk analysis.

Article 4o.- The programs, projects and other actions that, in compliance with the provisions of this Law and because of its competence, correspond to the agencies and entities of the Federal Public Administration, shall be subject to the budgetary availability to be approved for such purposes in the Federation's Government Budget and the provisions of the Federal Budget Law and Responsibility Would Be.

CHAPTER II

CONCEPTS

Article 5o.- For the purposes of the Act it is understood by:

Plant-related activities: Comprises that are carried out in the primary production and packaging of plants in the field in relation to the minimization of risks referred to in this Act;

Accreditation: The act by which an Accreditation Entity recognizes the technical competence and reliability of certification bodies, of laboratories test, of the calibration laboratories and of the verification units for the conformity assessment;

Conditioning: Plant health measure ordered by the Secretariat to adapt or prepare the plants, their products or by-products in order to avoid the Pest dispersion;

Activities Plant-health: Those linked to the production, industrialization, mobilization or marketing of plants, their products or by-products or inputs, which are carried out by natural or moral persons subject to certification procedures or Phytosanitary verification provided for in this Law;

Biological Control Agent: Parasitoid, predator, entomopathogen, or antagonist organism used for control and regulation of pest populations;

Agent Pathogenic: Microorganism capable of causing diseases to plants, or to insects;

Agroindustries: Installation where a vegetable is transformed into products and byproducts that may pose a phytosanitary risk;

Risk Assessment of Pest; Risk Assessment of Pest; and Risk Management of Pest Pests: It is the determination of the potential for damage of a pest or disease, in quantitative or qualitative terms;

Approval: Act by which the Secretariat, upon accreditation by an Accreditation Entity, recognizes natural or moral persons as eligible to operate as agencies certification, verification units or test laboratories;

Audit of BPA's: Procedure by which the Secretariat, or a certification body, determines that an agricultural production process is in line with the standards in the field;

Good Agricultural Practices (BPA's): A set of minimum sanitary and sanitary measures taken at the plant's primary production site to ensure that minimises the possibility of physical, chemical and microbiological contamination of a plant or fresh product;

Condition Plant health: a characteristic that the plants, their products or by-products acquire for not being carriers of pests affecting them, or because the presence of such pests does not go beyond the tolerance levels;

Campaign Plant health: Joint plant health measures for the prevention, combating and eradication of pests affecting plants in a given geographical area;

BPA's Certificate of Compliance: Document issued by the Secretariat, after validation of an opinion issued by accredited and approved persons for (a) to this end, at the request of the parties concerned or by determination of the Secretariat, by which it is established that BPA's systems have been applied in primary plant production units;

Certificate Plant protection: official document issued by the Secretariat or persons accredited and approved for this purpose, which establishes compliance with the applicable legal provisions in the field of plant health to which production is subject, mobilisation, import or export of plants as well as their products or by-products representing a plant health risk;

Pollutant: Any physical, chemical, microbiological, foreign matter or other substances not intentionally added to the plants that compromise their fitness to be edible;

Quarantines: Restrictions on the mobilization of goods that are established in applicable legal provisions in the field of plant health, for the purpose of prevent or delay the introduction of pests in areas where they are not known to exist. For their purposes they may be external, if they prevent the introduction and presence of exotic pests, or interiors, if they delay the spread, control or eradicate any pest that has been introduced;

Post-Entry Plant Quarantine: Activity applied to a shipment, after entry into the country or into a free or low-prevalence zone;

Biological effectiveness opinion: Document issued by the Secretariat, once it analyzes information on the biological effectiveness studies of an input plant protection or plant nutrition, in which the technical opinion is established on the desirability or refusal of its registration;

applicable legal provisions: Those provided for in this Law, regulations, decrees, agreements, Mexican official rules and applicable health guidelines plants and systems for reducing the risk of contamination in the primary production of plants;

Effectiveness Biological: A suitable result to be obtained by applying an input to the control or eradication of a pest affecting plants;

Station Quarantine: specialised plant health facilities for the isolation of plants, their products or by-products, where plant health measures are practised to prevent or control the spread of pests of plants, their products or by-products, transport vehicles, machinery, equipment and packaging involving a plant health risk; for confirmation of diagnosis and, where appropriate, prophylactic treatment, destruction or return to their country of origin;

Eradication: Application of plant health measures to reduce or eliminate the presence of a pest in a given geographical area;

Plant Protection Requirements Sheet: Document issued by the Secretariat containing the provisions of general observance to be complied with, for the import of vegetables, its products or by-products, which may represent a plant health risk, the requirements of which are not laid down in an official Mexican standard;

Inspection: Act that the Secretariat practices to verify by verification, compliance with the applicable legal provisions in the field of Plant Health and systems for reducing the risk of contamination in the primary production of plants and, in the event of non-compliance, applying the plant health measures and imposing the appropriate administrative penalties, by means of an act of administrative character;

Insumo Biological: Any biological control agent used for the control of agricultural pests;

Plant Nutrition Insumo: Any substance or mixture containing elements useful for the nutrition and development of plants;

Insumo Plant protection: Any substance or mixture used in the control of pests of plants such as pesticides, biological control agents, pheromones, attractants, adjuvants and varieties of cultivated pest-resistant plants;

Laboratory of Evidence: Moral person accredited and approved by the Secretariat for phytosanitary diagnosis, pesticide residue analysis and physical, chemical and microbiological and pesticide quality contaminants, as well as assessments of biological effectiveness of plant and plant nutrition inputs, in the terms set out in this Law;

Maximum Residue Limits: Maximum concentration of pesticide residues allowed in or on plants;

Measures Phytosanitary: Those established by laws, regulations, Mexican official rules, agreements, decrees, guidelines and other applicable legal provisions in the field of plant health to conserve and protect plants, their products or by-products of any type of damage caused by the pests affecting them;

Mobilization: Transport, carrying, or moving from one place to another;

Mexican Standard: The one to be developed by a national standardization body, or the Secretariat, in the terms of the Federal Law on Metrology and Standardisation, which provides for a common and repeated use of rules, specifications, attributes, test methods, guidelines, characteristics or requirements applicable to a product, process, installation, system, activity, service or method of primary production or operation; such as those relating to terminology, symbology, packaging, marked or tagged;

Official Standard Mexican: The Mexican official rules on plant health or pollution risk reduction systems in the primary production of plants, of a mandatory nature, issued by the Secretariat in terms of this Law and according to the the procedure provided for in the Federal Law on Metrology and Standardisation;

Body Auxiliary: Organizations of agricultural producers, who serve as auxiliary to the Secretariat in the development of plant health measures and reduction of risks of contamination in the primary production of plants that this implant in all or Part of the national territory, including the State Plant Health Committees and Local Boards, the latter may, on a transitional basis, adopt the regional character where the plant health problem so requires;

Body of Certification: Moral persons accredited by an Accreditation Entity and approved by the Secretariat, for the purpose of contributing in the assessment of the conformity of Mexican official standards or Mexican standards in the field of Plant and Health systems for reducing the risk of contamination in the primary production of plants;

National Organization for Standardisation: Moral person to develop Mexican standards in the field of Plant Health;

Country of Origin: Country where plants have been grown, their products or by-products and which may pose a phytosanitary risk;

Country of Export: Country to which a shipment has arrived and has been divided, stored or changed of boarding to have as final destination another country;

Pest: Form of plant or animal life or pathogenic, harmful or potentially harmful to plants;

Plague Quarantine: Plaga of potential economic importance for the area in danger even when the plague does not exist or, if it exists, is not widespread and is under official control;

Non-Regulated Quarantine Pest: Plague whose presence in seeds and propagating material for planting influences the use of this material, with repercussions economically unacceptable and therefore regulated in the territory of the importing contracting party;

Exotic plague: The one that is native to another country;

Pesticide: Insumo plant protection intended to prevent, repel, combat and destroy harmful biological organisms to plants, their products or by-products;

Primary production: process that includes from the preparation of the land, planting, development of the crop, harvesting and packaging of the vegetables in the field;

Product Plant: Organs or useful parts of plants which by their nature or that of their production, processing, marketing or mobilisation can create a danger of spreading pests;

Authorized Phytosanitary Professional: Professionist with studies related to plant health, suitable to assist with the producers and with the Secretariat, in the application of plant health measures provided for in applicable legal provisions in the field of Plant Health, in the extension and training programmes and in the implementation of the national plant health emergency device;

Entry point: Airport, seaport or land border point officially recognised for the import of plants, their products or by-products and/or passenger entry, in order to ensure that passengers do not pose a phytosanitary risk to the country;

Internal Verification Points: facilities authorized by the Secretariat located on the land lines of communication, where the certificates are established plant protection products or any other legally recognised document which protects the mobilisation of plants, their products or by-products, inputs, transport vehicles, materials, machinery and equipment which may spread pests when are mobilised from one zone to another;

Plant Health Risk: It is the assessment of the phytosanitary or agro-ecological impact that is determined in view of the introduction or establishment of an organism in a place that is not native or is not set;

Health Plant: Acts that are the responsibility of the Secretariat, aimed at the prevention, control and eradication of pests affecting plants, their products or by-products;

Secretariat: The Secretariat of Agriculture, Livestock, Rural Development, Fisheries and Food;

Services Phytosanitary: The certification and verification of official standards by the Secretariat or approved natural or moral persons;

Systems for the reduction of pollution risks in the primary production of plants: Measures and procedures established by the Secretariat in official standards (a) Mexican and other applicable legal provisions to ensure that, during the primary production process, the plants obtain optimum health conditions by reducing physical, chemical and microbiological contamination through the application of Good Agricultural Practices;

By-product Plant: The one derived from a plant product and which may pose a plant health risk;

Treatment: Procedure of a chemical, physical or other nature, to remove, remove or induce sterility to pests affecting plants;

Third specialist: Professional authorized by the Secretariat to assist in the assessment of conformity, through verifications, in the application of Regulations on Plant Health and on Systems for the Reduction of Pollution Risks in Primary Plant Production;

Unit of Verification: A physical or moral person accredited by an Accreditation Entity and approved by the Secretariat to provide, at the request of a party, verification services of Mexican Official Standards and other applicable legal provisions regarding Plant health and risk reduction of plant contamination;

Plants: Individuals who belong to the plant kingdom, considering the agricultural species, their products or by-products; who retain their original qualities and not have undergone any transformation;

Verification: Eye finding or checking by sampling, measurement, laboratory testing, or examination of documents that are carried out for the evaluation of the compliance;

Verification in Origin: The Secretariat, by means of official personnel or certification bodies accredited and approved to verify in the country of origin, prior to its importation, compliance with the Mexican official rules and other provisions Legal provisions applicable in the field of Plant Health;

Area Under Plant Health Control: A given agro-ecological area in which plant health measures are applied to control, combat, eradicate or reduce the incidence or presence of a pest, in a period and for a specific plant species;

Low Zone Protection: Agroecological area where a pest is not present, however, all requirements for recognition as a free zone have not been completed;

Low Zone Prevalence: A given geographic area that presents infestations of non-detectable pest species that, based on the corresponding risk analysis, do not cause economic impact;

Free zone: A given geographical area in which positive cases of a specific plant pest have been eliminated or have not been reported for a period of time determined in accordance with the applicable phytosanitary measures laid down by the Secretariat.

CHAPTER III

OF THE COMPETENT AUTHORITY

Article 6o.- The application of this law corresponds to the Federal Executive through the Secretariat.

Article 7o.- They are the responsibilities of the Secretariat in the field of plant health:

I. Promote, coordinate and monitor, where appropriate, the activities and plant health services in which the various agencies and entities of the federal public administration, state and municipal governments, auxiliary agencies and (a) special ties with the

;

II. Promote and guide research in plant health, the development of resistant varieties against pests and the multiplication and conservation of biological control agents or alternative methods for pest control;

III. Promote international harmonisation and equivalence of applicable legal provisions;

IV. Propose to the head of the Federal Executive the formulation or adherence to international treaties that in the field of plant health are of interest to the country, and to sign the interinstitutional agreements that are necessary to achieve the international harmonisation of plant health measures;

V. To conclude agreements and agreements on plant health with the agencies or entities of the federal public administration and governments of the federal entities and municipalities.

The agreements and agreements signed by the Secretariat with the state governments in order to assist in the performance of their duties for the execution and operation of works and provision of public services, should be published in the Official Journal of the Federation;

VI. To coordinate actions with the auxiliary and private bodies linked to the plant health field;

VII. To celebrate and promote the subscription of agreements and agreements with academic and scientific institutions, national or foreign, aimed at developing joint projects of scientific research, training and exchange of technology in Plant health material;

VIII. Regular specifications under which field studies should be developed for the establishment of maximum pesticide residue limits to be established by the competent authority in the field;

IX. Develop and apply permanently, training and technical upgrading programs in the field of plant health;

X. Develop, collect and disseminate regularly, information and statistics on plant health;

XI. Organize, integrate and coordinate the National Phytosanitary Advisory Council and integrate state advisory councils;

XII. Establish, implement, organize and coordinate the National Phytosanitary Protection Standards Advisory Committee;

XIII. formulate, implement and, within the scope of its competence, issue the necessary phytosanitary provisions and measures, certifying, verifying and inspecting their compliance;

XIV. Propose the modification or cancellation of official Mexican plant health rules, when the assumptions that regulate or do not justify the continuation of its validity have been scientifically varied;

XV. Norsea the characteristics or specifications to be collected by equipment, materials, devices and installations used in the prevention and combat of pests or in areas under control of plant protection, by verifying their operation;

XVI. It is repealed.

XVII. Develop, update, and disseminate the Plant Health Directory;

XVIII. Prevent the introduction to the country of pests affecting plants, their products or by-products, and to exercise plant health control in the national mobilization, import and export of plants, their products or by-products and agents cause of plant health problems;

XIX. Control plant health aspects of the production, industrialization, marketing and mobilization of plants, their products or by-products, transport vehicles, materials, machinery and agricultural or forestry equipment when involving a plant protection risk;

XX. Establish and apply plant quarantines, their products or by-products;

XXI. Order the retention, disposal or destruction of plants, their products or by-products, nurseries, crops, crops, crops, plantations, packaging, packaging and seeds, in the terms and assumptions indicated in this Law, their regulations, Mexican official rules and other applicable legal provisions;

XXII. Declare free, low-prevalence, or low-protection zones;

XXIII. Dictate the biological effectiveness of plant nutrition pesticides and inputs and regulate their authorized plant health use;

XXIV. It is repealed.

XXV. Instrumentation and coordinate the National Plant Health Emergency Device;

XXVI. Approve certification bodies, verification units and accredited testing laboratories in the field of plant health;

XXVII. Organize, verify, inspect and normalize the operation of certification bodies, verification units, approved test laboratories, and third-party specialists;

XXVIII. Organise, operate and monitor air, sea and land ports, the verification and inspection of plants, products or by-products that may pose a phytosanitary risk;

XXIX. Establish, coordinate, verify and inspect the quarantine stations and internal verification points;

XXX. Grant the National Plant Health Award;

XXXI. Address popular complaints, impose sanctions, resolve review resources, and file complaints with the competent authority for the probable existence of a crime, in terms of this Act;

XXXII. Evaluate the levels of plant health risk of a pest of quarantine interest for the purpose of determining whether it should be regulated, as well as the phytosanitary measures to be taken;

XXXIII. Determine the characteristics and specifications to be met by the phytosanitary diagnosis of pests and the procedure for obtaining them by individuals;

XXXIV. authorise and regulate the use, mobilisation, import and reproduction of live biological control agents used in the control of pests affecting plants, their products or by-products;

XXXV. Develop and participate in promotion and training programs on the good use and plant health management of inputs;

XXXVI. Monitor, inspect and normalize the technical operation of approved and licensed laboratories;

XXXVII. Normar, authorize, verify and certify inter-state internal verification points;

XXXVIII. Organize, operate and monitor phytosanitary cords;

XXXIX. Implement institutional quality management systems and in the co-adjuvant bodies;

XL. Validate, generate and disseminate plant health technology in plant health and train official and private personnel; and

XLI. The others who point out this Law, other Federal Laws and International Treaties in which the United Mexican States are a part.

Article 7o-A.- They are the responsibility of the Secretariat for the reduction of the risk of contamination in the primary production of plants:

I. Apply and monitor compliance with Mexican official standards and other applicable legal provisions, as well as perform appropriate authority acts;

II. Promote and train in the application of pollution risk reduction systems in primary plant production, as well as promote and guide research in the field;

III. Recognize and certify the integral areas of application of pollution risk reduction systems in primary plant production;

IV. Promote the international harmonization and equivalence of the provisions in this field;

V. To conclude agreements for effective coordination of actions with the governments of the federal entities and auxiliary agencies, in which the exercise of operational functions and other aspects considered to be considered required.

The agreements and agreements signed by the Secretariat with the state governments and the auxiliary agencies will have as their objective, which they contribute to the implementation of privileges in this field;

VI. To conclude coordination agreements with other federal government authorities, to conduct control and regulatory activities in this area;

VII. Promote the subscription of agreements and agreements with academic and scientific institutions, national or foreign, aimed at developing joint projects of scientific research, training and exchange of technology;

VIII. To issue official Mexican standards and other applicable legal provisions related to the systems for reducing the risk of contamination in the primary production of plants.

The Secretariat shall issue the technical documents, which shall serve as a basis for the implementation of the Good Agricultural and Management Practices;

IX. Organize and operate the certification, inspection and monitoring of the primary production processes of the plants, where the BPA's; are applied.

X. Recognize professionals as authorized third parties to assist with the Secretariat in the implementation and monitoring of compliance with the BPA's, which are carried out in the primary production units;

XI. Provide to the competent authority responsible for granting the registration, information on the levels of residues obtained in field studies contributing to the establishment of maximum pesticide residue limits by this last;

XII. Issue the applicable legal provisions to regulate the systems of minimisation of pollution risks in the primary production of plants; and

XIII. The others that correspond to you according to other orders.

The privileges referred to in Articles 7 and 7-A shall be established in Mexican official rules, agreements, guidelines or other applicable legal provisions, which shall be publish in the Official Journal of the Federation.

Article 8o.- The Secretariat shall coordinate with the agencies and entities of the federal public administration, when they have a relationship in the field of health plants and systems for reducing the risk of contamination in the primary production of plants.

Article 9o.- The Secretariat of Finance and Public Credit will contribute to the Secretariat so that in the field of its powers, it will monitor compliance with the applicable legal provisions on plant health in the import and export of plants, their products or by-products where they represent a plant health risk.

Article 10.- The Secretariat, in the field of its powers, will contribute to Health and Social Development, to monitor compliance with the official rules applicable to pesticides and plant nutrition inputs.

Article 11.- At the request of the Secretariat, the Foreign Relations Department, through its diplomatic and consular representatives, will inform you of the existence of plants abroad, the regions concerned, the phytosanitary measures applied to combat them and the results obtained.

Article 12.- The National Phytosanitary Protection Standardization Advisory Committee will be integrated and perform the functions indicated in the respective regulations and will be subject to the general guidelines of the National Committee for Standardisation.

Article 13.- The activities and services of certification, audits and verification in the field of Plant Health and systems reduction of risks Contamination in the primary production of plants may be carried out by individuals, subject to accreditation and approval in the terms of the Federal Law on Metrology and Standardisation.

Article 14.- The Secretariat shall organize and coordinate in the territorial area deemed necessary, the integration, operation, supervision and evaluation of State Committees and Local Boards of Plant Health for the implementation of plant health measures and campaigns and for the reduction of the risks of contamination in the primary production of plants, which will be regulated in the terms of this regulation. Law and other applicable legal provisions.

The Secretariat will promote the professionalization of the State Committees and Local Plant Health Boards, as well as the standardization of their operation and monitor that the human, material and financial resources which, where appropriate, are provided by the Federation, States and Municipalities, and which are provided by the producers or derivatives of the provision of health services in accordance with the applicable regulations and principles of fairness, transparency and rationality.

The Local Board may temporarily adopt the regional character when the phytosanitary problem so requires.

Article 15.- The Secretariat shall be empowered to request and receive the support of other authorities, including the aid of the public force, with the object to comply with the privileges conferred upon it by this Law.

CHAPTER IV

THE NATIONAL PHYTOSANITARY ADVISORY COUNCIL

Article 16.- The National Phytosanitary Advisory Council shall be the national plant health consultation body, which shall support the Secretariat in the formulation, development and evaluation of plant health measures, in terms of the regulation of this Law.

Article 17.- The National Advisory Committee on Plant Health will be integrated with representatives of the Secretariat and the agencies and agencies of the federal public administration. The Secretariat shall also invite the Secretariat to be part of the plant health subject to:

I. Representatives of producer organisations and rural, agricultural and forestry owners;

II. Representatives of academic, scientific and trade union organisations of national representation linked to the field of plant health; and

III. People of the social or private sector of recognized prestige in plant health.

Article 18.- The National Advisory Committee on Plant Health will be supported by state advisory councils which, if appropriate, will be constituted in each federal entity in the same way. the national, also inviting representatives of the governments of the states and municipalities, as well as of the auxiliary agencies.

The organisation, structure and functions of the National Phytosanitary Advisory Council and the State Advisory Councils will be carried out in the terms of the respective regulations of the this Act.

The Secretariat will provide the technical advice required by the producers, through the advisory councils.

TITLE SECOND

PHYTOSANITARY PROTECTION

CHAPTER I

OF PHYTOSANITARY MEASURES

Article 19.- Plant health measures are intended to prevent, confine, exclude, combat or eradicate pests affecting plants, their products or by-products, where they may represent a plant health risk.

Phytosanitary measures shall be determined in Mexican official rules, agreements, decrees, guidelines and other applicable legal provisions in the field of health plant, published in the Official Journal of the Federation and which will have as their purpose, inter alia, to establish:

I.     Plant health requirements and specifications, criteria and procedures for:

a).   Make diagnostics and pest identification of the plants;

b).   Design and develop programs for integrated pest management, sampling and forecasting in plant health;

c) Develop biological effectiveness studies on inputs;

d) Determine the plant health condition of plants and inputs Phytosanitary;

e) Control the mobilization, import and export of vegetables, their products or by-products, transport vehicles, machinery, materials and equipment capable of carrying pests, as well as pathogenic agents which may pose a phytosanitary risk;

f) Install and operate plant health laboratories, greenhouses, agro-industries, (a) clearing, nurseries, facilities for the production of propagating material, orchards, packers, warehouses, plantations and yards of concentration which may constitute a plant health risk, as well as treatment and point-of-care undertakings internal verification;

g).   Transport and packaging of plants, their products or by-products involving a plant health risk;

h).   Handle propagation material and seeds;

i) Plant crops or crops; specific plantations and cultural tasks; as well as post-harvest field jobs;

j).    Approve national standards bodies, certification bodies, testing units and testing laboratories;

k) Certificate, verify and inspect the official rules applicable to the plant protection activities or services that are developed or provided by individuals;

l) Hold, dispose or destroy vegetables, their products or by-products, nurseries, crops, crops, crops, plantations, packaging, packaging and seeds, where they are carriers or may spread pests affecting them;

m) The start of operation notice to be presented by natural persons or moral, developing or providing plant protection activities or services that are subject to certification and verification in accordance with Mexican official standards; and

n) The mobilization of vegetables, their products or byproducts that do not require phytosanitary certificate.

II.   Plant health campaigns of a preventive, combat and eradication nature;

III. Quarantines and mechanisms to monitor compliance;

IV.   The determination of minimum phytosanitary requirements and conditions to be met by the importation of plants, their products or by-products, where the plant health risk or the specific situation to be prevented is not covered by a standard specific official;

V.    The characteristics of treatments for the sanitation, disinfection and desinfestation of plants, their products or by-products, facilities, transport vehicles, machinery, materials, equipment, packaging, containers and containers may represent a plant health risk;

VI.   The requirements to be met by the natural or moral persons responsible for producing biological input effectiveness studies;

VII.             The plant health conditions to be observed in facilities where plant health activities or services are developed or provided for the purpose of preventing, controlling and eradicating pests affecting plants; products and by-products; and

VIII.           The others that are regulated in this Law as well as those that, according to the scientific technique and advances, are appropriate for each case.

The requirements and specifications outlined in the regulation of this Law and other applicable legal provisions in the field of plant health and reduction systems (a) the risk of contamination during the primary production of plants, resulting in the provision of formalities and services by the Secretariat, shall be governed by the terms of the Federal Law of Administrative Procedure.

The Secretariat may request and receive support from federal, state, and local authorities to ensure compliance with the provisions outlined in this document. Article.

Article 20.- The Mexican official rules and other applicable legal provisions on Plant Health and Risk Reduction Systems contamination during the primary production of plants, to be published in the Official Journal of the Federation, in addition to being founded and motivated in terms of this Law, its regulation and other phytosanitary provisions, shall:

I. Sustained in scientific evidence and principles, taking into account, where appropriate, the different geographical conditions and other relevant factors;

II. Be based on a cost-benefit assessment, including risk analysis;

III. Take into account relevant international standards, guidelines or recommendations; and

IV. Cancel when there is no longer any scientific basis to support them.

(Last paragraph is repealed).

Article 21.- The Secretariat shall prepare, update and disseminate the Plant Health Directory in order to regulate the development and delivery of activities and services by private individuals, in the terms set out in this Law.

This directory shall consist of a catalogue of data which shall include the basic information of the professional and legal persons accredited and approved or which develop activities, which comply with Mexican official standards and other applicable legal provisions in the field of plant health.

CHAPTER II

OF MOBILIZATION, IMPORT AND EXPORT IN THE FIELD OF PLANT HEALTH

Article 22.- The mobilisation within the national territory of the goods referred to in the following Article shall be subject to the issue of the certificate plant protection when they come and move:

I.     From areas under plant health control to free or low-prevalence zones;

II.   Between two or more zones under phytosanitary control, transiting through free zones, under protection or low prevalence; and low-prevalence or low-protection zones, into free zones; and

III.   Between two or more free or low-prevalence zones, transiting through zones under phytosanitary control.

regulated products that are mobilised in areas under the same plant protection status must comply with the traceability elements to determine the origin and the plant health condition of the product. The regulation of this Law will determine the applicable assumptions for this case.

The mobilisation of resources and raw materials coming from plants, their products or by-products, affected by pests, shall be subject to the provisions laid down in this Act.

Article 23.- The import of the following goods shall be subject to control by the issuing of the phytosanitary certificate when they are susceptible to be pest carriers:

I. Plants, their products or by-products, pathogenic agents and any type of inputs, materials and equipment that may pose a phytosanitary risk;

II. Transport vehicles or packaging and containers in which the goods referred to in the previous fraction are mobilised or contain a risk of spreading pests affecting plants, their products or by-products; and

III. Used agricultural machinery, or parts thereof.

The Secretariat shall apply the phytosanitary provisions and issue official Mexican standards and other applicable legal provisions establishing the and plant health specifications to be subject to such importation, as well as the goods which, where appropriate, are exempted from the phytosanitary certificate.

It will also contribute, in the field of its competence, to the Health Secretariat, verifying that the official rules and other applicable legal provisions are complied with. on the importation of plants which may constitute a risk.

Article 24.- The amount of any of the goods listed in the preceding article shall be checked at the point of entry for plant health inspection, which comply with the official Mexican standard and other applicable legal provisions on plant health, which provides for the specific situation applicable to the subject matter of the import.

Where the plant health risk or the specific situation to be prevented is not covered by a specific official standard, the persons concerned shall comply with the requirements Minimum requirements laid down in the import requirements sheet, provided for in the official Mexican rules and other applicable legal provisions for general situations.

Article 25.- The Secretariat shall issue the official Mexican rules and other applicable legal provisions, establishing the specifications, criteria and procedures for the verification of the origin of the goods to be imported from the Secretariat, the certification bodies or accredited verification units, the verification of the goods to be imported.

Article 26.- When the import or hospitalization of the goods covered by this Chapter involves a plant health risk, it may only be carried out by the customs and seaports, air and land, to be determined in the agreements to be jointly issued by the Secretaries of Finance and Public Credit and Agriculture, Livestock, Rural Development, Fisheries and Food, must be published in the Official Journal of the Federation.

Article 27.- The Secretariat shall issue the international phytosanitary certificate for the export of the goods described in Article 23 of this Law. time to check compliance with Mexican official standards and the current legislation of the country that imports the goods.

The Secretariat shall determine the procedure to be applied for obtaining the international phytosanitary certificate.

Article 27-A.- For the import of plants, their products or by-products which are covered by the agreement of tariff fractions, regulated by the The Secretariat and the Secretariat of Economy shall comply with the phytosanitary requirements laid down in Mexican official standards, plant health requirements sheets or binational work plans. The Secretariat shall determine by means of the Regulation of this Law, the assumptions on which such requirements shall be established.

The person concerned must obtain in advance the leaves of plant protection requirements for the plants, their products and by-products intended to enter the country and check their compliance.

Article 28.- Information that will contain the phytosanitary certificates and the assumptions to which their issue will be subject, will be specified in the regulations of this Law, in Mexican official rules and other applicable legal provisions.

Where the mobilisation or import of plants, their products or by-products do not require a phytosanitary certificate, they shall be clearly mentioned during their marketing, the applicable legal provisions which comply or, in their absence, the Mexican standards or plant health specifications of the manufacturer, producer, country of origin or international.

Article 29.- Customs agents, as well as those who import or mobilize one or more of the goods listed in Article 23, shall be responsible for monitor compliance with the applicable legal provisions on plant health or plant risk reduction systems, and where appropriate, that the relevant certificates exist.

Article 29-A.- Imports that meet the requirements laid down in the specific Mexican Official Standard or in the plant health requirements sheets, the plant protection certificate shall be issued to them at the points of entry into the country.

The official staff shall carry out a documentary and physical verification of the imports to verify compliance with this certificate.

Article 30.- When it is established that the goods referred to in this Chapter do not comply with the applicable general observance provisions, the importer or his representative may:

I. Return the merchandise to the country of origin or send it to another country that accepts it;

II. Opt for its destruction with charge and acceptance of the importer when the facilities are available for it;

III. Refurbish the merchandise when that measure is scientifically proven; or

IV. To request the Secretariat itself to evaluate the plant health risk and to obtain authorization for its entry, under the post-entry quarantine procedure. The goods shall be kept in a quarantine station or installation approved by the Secretariat, as long as the laboratory test is issued.

Not to choose any of the options mentioned in the previous fractions, after ten working days after the date of retention of the goods, the The Secretariat shall either destroy them or subject them to a sanitary process for their treatment and give them the destination to be determined by the Secretary.

In any case, the costs incurred in the plant health management of the goods shall be covered by the importer or his representative.

The authorization of the facilities to carry out post-entry quarantines shall be carried out in accordance with the procedure established by the Secretariat.

Post-entry quarantines shall be subject to the authorization of the Secretariat and the facilities to be determined by the Secretariat.

CHAPTER III

OF CAMPAIGNS AND QUARANTINES

Article 31.- The Secretariat shall issue official rules establishing the necessary phytosanitary campaigns and quarantines.

Article 32.- Mexican official rules and other applicable legal provisions establishing phytosanitary campaigns must fix:

I. The geographic area of application;

II. The pest to prevent, combat or eradicate;

III. The plant species concerned;

IV. The applicable phytosanitary measures;

V. The requirements and prohibitions to be observed;

VI. The verification and inspection mechanisms;

VII. The methods of sampling and diagnostic procedures;

VIII. The delimitation of the zones under phytosanitary control;

IX. The termination of the campaign; and

X. The criteria for evaluating and measuring the impact of campaigns actions.

Article 33.- The Secretariat will be responsible for the organization and coordination of phytosanitary campaigns and, for its development, will promote the conclusion of agreements and agreements. with the governments of the states and municipalities, auxiliary or private bodies concerned, who will participate in the development of, among others, the following measures:

I. Localization of the infestation or infection and formulation of the cost-benefit analysis of the potential damage it may cause;

II. Delimitation of the infested areas so that the Secretariat is able to proceed, where appropriate, in accordance with the provisions of Article 34 of this Law;

III. Elaboration of work programs describing the coordinated and concerted actions they will take to develop the campaign that has been established, proposing the support that each of the parties commit to contribute;

IV. Immediate application of existing combat methods, preferably through their integrated use; and

V. Detailed assessment of the results and benefits obtained annually.

Article 34.- Mexican official rules establishing quarantines, in addition to establishing the phytosanitary measures to be applied, shall determine, when less:

I. The goal of the quarantine;

II. The quarantine plague that justifies its establishment; and

III. The territorial scope of application and the plants, their products or by-products, transport vehicles, machinery, materials or equipment subject to quarantine which may pose a phytosanitary risk.

Article 35.- The Secretariat by means of Mexican official rules and applicable legal provisions on plant health shall determine the requirements and plant health measures to mobilise free zones, under protection and/or low prevalence, plants, their products or by-products in quarantine, as well as transport vehicles, machinery, materials or equipment which have been in contact with them.

Where it is established that the mobilisation of the goods referred to in the preceding paragraph implies a phytosanitary risk, the Secretariat shall revoke the certificates issued and shall apply the necessary phytosanitary measures.

Article 36.- The Secretariat shall issue the Mexican official rules and other applicable legal provisions on plant health characteristics and specifications to be met by the quarantine stations and post-entry quarantine facilities, as well as the regions where their establishment is justified.

In such facilities, the plants, their products or by-products subject to the control of the quarantine shall be kept under observation, intended to be introduced or mobilised on the national territory.

Article 37.- Based on the results of the sampling in specific geographical areas and the proven certainty of the non-presence or low prevalence of a pest, the Secretariat may declare free zones or low prevalence of pests affecting plants.

Article 37a.- Natural or moral persons who develop or provide plant protection activities or services, which conform to official standards relevant or other applicable legal provisions, must be subject to phytosanitary certification and verification, shall submit to the Secretariat, directly or through approved certification bodies or verification units, the Start of operation warning, where the data will be entered the data subject complies with the specifications, criteria and procedures laid down in the applicable official rules.

Once the accuracy of the information provided is verified and certified, as well as compliance with the provisions laid down in the regulations The Secretariat shall, on the basis of the notice referred to in the preceding paragraph, register it in the Plant Health Directory.

The updating and dissemination of information that is entered in the Plant Health Directory will be made in the terms of the regulation of this Law.

CHAPTER IV

INPUT CONTROL, ACTIVITIES, AND SERVICES

Article 38.- The Secretariat shall establish through Mexican official rules and other applicable legal provisions:

I. The procedures for certifying, ruling, and evaluating biological effectiveness;

II. The procedures for application, use, and handling in the field;

III. The specifications for conducting field studies for the establishment of maximum residue limits; and

IV. The plant health and good use specifications to be observed in accordance with the technical opinion of biological effectiveness.

Article 39.- The interested parties shall submit to their opinion the studies of biological effectiveness that the Secretariat shall determine, which shall be transmitted to the which is responsible for recording the input of the input, as well as the crops, pests, doses, methods of application, safety interval recommended for pre-harvest application.

Article 39a.- Natural or moral persons who develop or provide plant health activities shall observe the specifications laid down in the the biological effectiveness of plant and plant nutrition inputs.

Article 40.- The natural or moral persons recognized by the Secretariat to formulate the biological effectiveness studies indicated in the previous article, subject to the specifications, criteria and procedures laid down in applicable Mexican official standards and other applicable legal provisions.

Article 41.- The Secretariat may request the natural or moral person who has obtained the registration of the plant health or plant nutrition before the competent authority to re-evaluate its biological effectiveness, application, use and management in accordance with the applicable Mexican official standard.

Article 41a.- Natural or moral persons who develop or provide phytosanitary activities related to plant protection or plant nutrition they must have training and promotion programs on the good use of inputs, as well as participate in the programs that the Secretariat determines in this field.

Article 41b.- The Secretariat may ask the owners of the records for plant protection or plant nutrition, information on the use of the plant plant protection related to application volumes, crops, regions, pests for each registered product.

Article 42.- The Secretariat shall provide the competent authority with the responsibility for granting the registration, the information on the levels of residues obtained in the field studies contributing to the establishment of maximum residue levels of pesticides.

Article 42a.- The Secretariat will establish and develop the National Pesticide Residue Monitoring Program on vegetables to determine which inputs plant protection, are used in accordance with the established biological effectiveness technical opinions.

Article 43.- Repeals.

Article 44.- Repeals.

Article 45.- Repeals.

CHAPTER V

FROM THE NATIONAL PLANT HEALTH EMERGENCY DEVICE

Article 46.- When the presence of pests that place one or more plant species in a plant health emergency is detected, in whole or in part of the national territory, the Secretariat shall implement the National Health Emergency Device Plant, which shall consist of the urgent and coordinated application of the necessary phytosanitary measures.

For the implementation of the National Emergency Device, the Secretariat shall determine the phytosanitary inputs that are suitable for the control of the pest to fight or eradicate.

Article 47.- The Secretariat may agree and agree with the governments of the states, auxiliary and private bodies concerned, the creation of one or more funds of contingency to immediately deal with phytosanitary emergencies arising from the presence of exotic or existing pests in the national territory, which endanger the country's agricultural or forestry heritage.

TITLE SECOND BIS

OF CONTAMINATION RISK REDUCTION SYSTEMS IN PRIMARY PLANT PRODUCTION

ONLY CHAPTER

GENERAL PROVISIONS

Article 47-A.- The Secretariat shall determine by means of Mexican official rules and other applicable legal provisions on the reduction of risks pollution, the measures to be applied in the primary production of plants, without prejudice to the powers of the health authorities in the field of general health.

The provisions provided for in this Article shall be intended for inter alia:

I. Normar, verify and certify the systems for the reduction of risks of physical, chemical and microbiological contamination during the primary production of plants;

II. To verify and certify the compliance of BPA's;

III. Set the pollution risk reduction standards during primary production of the plants; and

IV. Regular as regards the reduction of pollution risks in the primary production of plants.

Article 47-B.- It shall be applicable in the reduction of the risks of contamination in the primary production of the plants, as provided for in Articles 20 and 21 of this Regulation. Law.

Article 47-C.- Plants and places or establishments and facilities related to their primary production may be subject, in any time, to assessment, audits, verification and certification of the compliance of BPA's that establish the Mexican official standards and other applicable legal provisions in the matter or the authorities of other countries, for the case of products of export.

Such assessments or audits may be carried out at the initiative of the Secretariat or at the request of a party.

Assessments, verifications, audits and certifications may be carried out by the Secretariat directly or through approved third parties, certification bodies or testing laboratories, and the result shall be recorded in a report, opinion or certificate, as appropriate.

Article 47-D.- The certificates issued by the Secretariat shall have the characteristics, validity, requirements and formalities to be established by the derived from this Law, its regulations, Mexican official rules, other applicable legal provisions and international treaties in the field;

Article 47-E.- Only individuals whose primary production processes of plants have a BPA's certificate of compliance may hold the pollution risk reduction system flag issued by the Secretariat.

Article 47-F.- The periodicity with which the BPA's compliance certification must be renewed shall be specified in the rules Mexican officials or other applicable legal provisions in this field.

Article 47-G.- Individuals who have a BPA's certificate of compliance and detect a possible source of contamination in primary production plants, they must establish the necessary control measures to correct it.

Article 47-H.- The Secretariat may require individuals intending to enter plants into the country to present a certificate or official documentation of the country of origin that guarantees the application of risk reduction systems during its primary production.

Article 47-I.- The Secretariat will monitor and recognize, the implementation of systems for minimizing contamination risks during production Plant primary to be applied in other countries.

Article 47-J.- The Secretariat may coordinate with the Secretariat of Health for the control of the import plants which may constitute a risk to the human health.

THIRD TITLE

OF APPROVAL, CERTIFICATION, AND VERIFICATION AND INSPECTION

CHAPTER I

OF APPROVAL

Article 48.- Corresponds to the Secretariat, grant approval, upon accreditation and on specific subjects, to natural and moral persons to operate as:

I.     It is repealed.

II.   Certification bodies;

III. Verification units; and

IV.   Testing labs.

The Secretariat may authorise plant protection professionals as interveners in the application of health measures and third-party specialists as interveners in the assessment in accordance with the terms of this Law and its regulations.

(The third paragraph is repealed).

In no case will the approved persons be able to certify or verify compliance with Mexican official standards or when they have a direct interest.

Article 49.- To grant the approval referred to in the previous article, the Secretariat may form and request opinion from the evaluation committees plant and plant health risk reduction systems during primary production, which shall be integrated by qualified and experienced technicians in the fields of the specific branches.

The specifications, criteria and procedures to be met by those interested in obtaining the approval that is regulated in this Chapter, as well as the materials on which plant protection services may be provided, shall be laid down in the regulation of this Law and the applicable legal provisions.

The accreditation of certification bodies, verification units and testing laboratories approved by the Secretariat shall be carried out in accordance with the terms laid down in the Federal Law on Metrology and Standardisation.

Article 50.- It is the responsibility of the natural or moral persons referred to in Article 48 of this Law:

I. Provide services and develop activities that are indicated in the Mexican official standards that are issued on the particular subject;

II. To inform the Secretariat when they are aware of the presence of a disease or pest of plants, their products or by-products that may pose a plant health risk and that in accordance with Mexican official standards and other provisions applicable legal, be of mandatory notification;

III. Submit to the Secretariat reports on phytosanitary certificates and systems for reducing the risk of contamination in the primary production of plants or other documentation in these areas, as authorised by the Secretariat, in the form and deadlines to be determined by the regulation of this Law and other applicable provisions;

IV. Report regularly to the Secretariat on plant protection services and the reduction of pollution risks in primary plant production, which they provide;

V. Assist the Secretariat in cases of phytosanitary emergency or risk of contamination in the primary production of plants;

VI. Address the requirements of the Secretariat as co-adjuvant bodies in the implementation of policies, strategies, operational programmes and coordination mechanisms with the auxiliary organisms in the field of Plant Health;

VII. Issue phytosanitary certificates in accordance with the regulations issued by the Secretariat; and

VIII. Comply with the other obligations of your office.

The Secretariat may withdraw the approval granted to natural or moral persons when they fail to comply with any of the obligations set out in this Article and other applicable legal provisions.

Article 50-bis.- To conduct BPA's compliance audit activities in primary plant production units, the Secretariat will issue, through of applicable legal provisions, the criteria under which third parties shall be recognised as carrying out such activities.

CHAPTER II

CERTIFICATION

Article 51.- The Secretariat is empowered to certify that plants, their products or by-products, as well as processes, methods, facilities, services or activities related to plant health and pollution risk reduction systems in the primary production of plants, comply with the provisions, specifications, criteria and procedures provided for in this Law, Regulations, Mexican and other official rules applicable legal provisions.

Article 52.- The certification of official standards shall be performed by the Secretariat or by approved or accredited certification bodies or verification units.

The Secretariat will recognize or approve, through agreements to be published in the Official Journal of the Federation, regulatory bodies and certification bodies foreign nationals, whose certificates of compliance with official standards shall be recognised for the purpose of importation, in accordance with the principle of reciprocity agreed in international treaties or interinstitutional agreements.

Article 53.- The certification that the natural or moral persons accredited by an Accreditation Entity and approved by the Secretariat, will be only in those matters for which they were specifically accredited and approved, in the terms of the applicable legal provisions.

CHAPTER III

OF VERIFICATION AND INSPECTION

Article 54.- The Secretariat may verify and inspect at any time and place compliance with the applicable legal provisions in the field of health plant and risk reduction of contamination in the primary production of plants by:

I. Verification of the places where plants are produced, packaged, manufactured, stored or marketed, their products or by-products that represent plant health risk, or are applied, used or handled in plant and nutrition inputs plant;

II. Verification of establishments where phytosanitary activities or services are developed or provided or activities related to pollution risk reduction systems during their primary production; and

III. Inspection of transport vehicles and packaging in which they are moved, imported or exported and contain plants, their products or by-products and agricultural machinery or parts thereof which may constitute a plant health risk.

The verifications and inspections carried out by the Secretariat in order to verify compliance with the pollution risk reduction systems in the plants shall be carried out in the primary production units or in the facilities where these products exist; in the case of imports, they shall be carried out in agreement with the Health Secretariat.

The results of the verifications or inspection acts carried out by the Secretariat shall be based on opinions or minutes, respectively.

The procedure and criteria to be subject to verification and the acts of inspection will be determined in the regulation of this Law, in the official Mexican norm and other applicable legal provisions.

Article 55.- The Secretariat randomly, may verify or inspect plants, their products or by-products; establishments, facilities, vehicles transport, packaging, machinery, equipment and the use of plant protection and plant nutrition in plant protection to verify that they have phytosanitary certificates in order to verify compliance with official standards Mexico and other applicable legal provisions, being empowered to suspend or revoke, at any time and place and without any liability, the phytosanitary certificates which have been issued, and to apply the necessary measures, where the existence of any plant health risk is detected superveniente.

Article 56.- The approved or accredited verification units may only perform verifications at the request of part and on the subjects in which they were approved in terms of the regulation of this law; the verification opinions to be issued shall be recognised by the Secretariat and accredited certification bodies.

Article 57.- When the opinion of a verification determines the existence of phytosanitary, physical, chemical or microbiological risks, during production (a) the primary plant of its products or by-products, or if the provisions of this Law are likely to be infringed, the person responsible for the opinion shall submit it to the Secretariat who shall carry out the respective inspection.

If the result of the inspection is determined the commission of any infringement to the applicable legal provisions in the field of plant health or the systems of reduction of the risks of contamination in the primary production of plants, or the plant health status of plants, the Secretariat shall order the imposition of administrative penalties and the application of plant health or reduction measures (s) required.

When the verification opinion or the inspection report determines the probable commission of a crime, the corresponding complaint must be made to the competent authority.

Article 58.- The Secretariat will have international inspection points in the area of plant health needed to ensure the appropriate level of protection in the subject matter referred to above.

For the purposes of the preceding paragraph, the following international phytosanitary inspection points are:

I.     Those installed in sea, air, rail and land ports and terminals;

II.   Those who are located in foreign territory, in accordance with international treaties and interinstitutional agreements that are signed; and

III. Other than, by way of derogation, the Secretariat on the basis of the plant health risk analysis, as well as the plant health status of plants, their products or by-products.

The establishment and operation of the inspection points indicated in this article shall be subject to the terms determined by the Regulation of this Law.

Article 59.- The Secretariat may install and operate directly on the national territory internal verification points, or agree or permit its installation and operation to the governments of the states or individuals who so request in accordance with the regulations of this Law, Mexican official rules and other applicable legal provisions.

The installation and operation of the verification points indicated in the preceding paragraph shall be subject to the rules of this Law and to the specifications, criteria and procedures laid down in the official Mexican rules and other applicable legal provisions.

The establishment and operation of the inspection points indicated in this article shall be authorized by the Secretariat when they are intended to maintain contained a pest or protect, free zones, under protection or low prevalence.

Article 60.- In view of the risk of spreading a pest or suspected contamination during the primary production of the plants, the Secretariat shall be subject to As provided for in the Regulations of this Law, the Mexican official rules and other applicable legal provisions, will be empowered to take the necessary samples.

The agricultural field, orchard, nursery, plantation, sawmill, concentration yard, enclosure, lot or transport vehicle from which the sample was taken, shall be kept under the custody and responsibility of its owner or holder in the same place or in the place designated by it or, failing that, in which the Secretariat determines, its mobilization or marketing shall be prohibited until such time as its optimal phytosanitary condition.

If the presence of a pest or any pollutant affecting the health of the plants, their products or by-products is checked, the Secretariat shall proceed in the following terms: of the first paragraph of Article 30.

TITLE FOURTH

OF INCENTIVES, CITIZEN DENUNCIATION, SANCTIONS, REVIEW AND CRIME RESOURCES

CHAPTER I

OF INCENTIVES

Article 61.- The National Plant Health Award is instituted, in order to recognize and award annually the effort of those who stand out in prevention, control and eradication of plant diseases and pests.

Article 62.- The procedure for the selection of the creditors to the prize referred to in the previous article, as well as any other necessary precautions, shall be established in the regulation of this law.

CHAPTER II

CITIZEN COMPLAINT

Article 63.- Every citizen may report directly to the Secretariat, the facts, acts or omissions that threaten the plant health or contamination in the primary production of plants and plant health conditions.

Article 64.- The complaint may be filed by any citizen, sufficient to give it a course, to indicate the necessary data to locate the source or the name and Address of the complainant.

Once the complaint has been received, the Secretariat will make it known to the person or persons to whom the reported facts are imputed and will, if necessary, carry out the necessary measures for the verification of the facts as well as for the relevant assessment.

The authority which received the complaint, at the latest within thirty working days following the filing of a complaint, shall make the knowledge of the (a) the Commission shall, in accordance with the procedure referred to in point (a) of this Annex, submit to the Commission the following information and, where appropriate, the following information: the results of the inspection of the facts and the phytosanitary measures or of the reduction of pollution or plant health conditions; adopted.

CHAPTER III

SANTIONS

Article 65.- Violations of the provisions of this law and other provisions emanating from it shall be administratively sanctioned by the Secretariat, without prejudice to the penalties that correspond to them when they constitute a crime.

Article 66.- These are administrative violations:

I.       Failure to comply with the Mexican official rules and other applicable legal provisions arising from this Law; in which case a fine of 50 to 20,000 salaries shall be imposed;

II.      Mobilize, import or export plants, their products or by-products and inputs subject to plant health control without, where required, the phytosanitary certificate; in which case a fine of 2,000 to 20,000 wages shall be imposed;

III.    Failure to comply with the obligation laid down in Article 29 of this Law; in which case a fine of 2,000 to 15,000 wages shall be imposed;

IV.     Failure to comply with the applicable legal provisions on plant health referred to in Article 30 of this Law; in which case a fine of 200 to 20,000 salaries shall be imposed;

V.       Failure to comply with Article 39 of this law; in which case a fine of 200 to 20,000 salaries shall be imposed;

VI.     Do not provide the Secretariat with the information referred to in Article 41 of this Law; in which case a fine of 300 to 3,000 salaries shall be imposed;

VII.    It is repealed.

VIII. Do not give the notice of initiation of operation referred to in the first paragraph of Article 37a of this Law; in which case a fine of 200 to 2,000 wages shall be imposed;

IX.     It is repealed.

X.       Failure to comply with the emergency phytosanitary measures provided for in Article 46 of this Law; in which case a fine of 300 to 30,000 salaries shall be imposed;

XI.     Certify or verify compliance with official rules regarding activities in which direct interest is held; contravening the final paragraph of Article 48 of this law; in which case a fine of 2,000 to 20,000 salaries shall be imposed;

XII.    Refuse to provide, without justified cause, the requested plant health service to an approved or accredited certification body or verification unit; in which case a fine of 20 to 2,000 wages shall be imposed;

XIII. Contravenir any of the responsibilities set forth in Article 50 of this Law; in which case a fine of 100 to 10,000 wages shall be imposed;

XIV.   Failure to comply with Articles 53 and 56 of this Law; in which case a fine of 300 to 3,000 salaries shall be imposed;

XV.     Failure to observe the provisions of Article 57; in which case a fine of 500 to 10,000 salaries shall be imposed;

XVI.   Failure to comply with the obligation of custody and custody provided for in the second paragraph of Article 60 of the law; in which case a fine of 200 to 20,000 salaries shall be imposed; and

XVII. Produce, import, export or market plants without the certificate and the flag of pollution risk reduction systems during primary production, where applicable legal provisions are determined; a fine of 2,000 to 20,000 salaries will be imposed;

XVIII.         Produce, export or market plants without the BPA's certificate in the terms of the official rules and other applicable legal provisions; in which case a fine of 4,000 to 40,000 wages shall be imposed;

XIX.   Refuse to support the implementation of the Emergency Device or other requirement, which the Secretariat will make to the approved or accredited agencies, in which case a fine of 500 to 5,000 salaries will be imposed and the cancellation of approval;

XX.     The Secretariat shall suspend in a precautionary manner the authorizations, permits or approvals granted to those natural or moral persons, in terms of this Law, who have committed any of the above. It shall also request the competent authority to suspend the relevant accreditation;

XXI.   To hold that an agricultural product or activity referred to in Title Segundo Bis of this Law is certified or distinctive of systems for reducing the risk of contamination during the primary production of plants, when such the situation is not true or where the result of the conformity assessment expresses non-compliance or inadequacies of the conditions for the corresponding certification of the plant; in which case a fine of 200 to 20,000 salaries shall be imposed; and

XXII. Other violations of the provisions of this Law; in which case a fine of 50 to 15,000 salaries shall be imposed.

The Secretariat shall suspend in a precautionary manner the authorizations, permits, certifications or approvals granted to those natural or moral persons, in terms of of this Law, which would have committed any of the above. It shall also request the precautionary suspension of the accreditation of such persons.

For the purposes of this article, for salary is understood, the general minimum wage in force in the Federal District, at the time of committing the offence.

Article 67.- The Secretariat will close for up to 15 days, nurseries, orchards, packers, enclosures, warehouses, sawmills, plantations, patios concentration and any other establishment where plant protection activities or services are carried out or carried out, where the provisions of Articles 19, fractions I, points (f) to (i), (II) to (V) and (VII), (38), (39) and (60) of the second subparagraph of this Article are infringed; Law.

The Secretariat shall order that, with the charge of the infringer, be immobilized and, where appropriate, destroy the plants, their products or by-products, inputs, seeds, material of spread or any other susceptible of spreading pests, which are located in any of the establishments mentioned in the preceding paragraph.

The Secretariat shall also temporarily or permanently close down the premises dedicated to the production of plants, their products or by-products, where the provisions of Title Segundo Bis of this Law and the applicable Mexican law and other applicable legal provisions are infringed.

Article 68.- The Secretariat shall sanction the temporary suspension of approval, recognition of third parties, or permission to:

I. The approved natural or moral persons who do not comply with the provisions of Articles 40, 48, final, 50, 53, 56 and 57 of this law; and

II. Individuals who have obtained the permission provided for in Article 59 of this law when they are in breach of the applicable official rules.

III. Third authorised third parties who do not comply with the provisions of Articles 47-A, 47-B, 47-C, 47-D, 47-E, 47-F, 47-G, 47-H, 47-I and 47-J of this Law.

Article 69.- In the event of a recidivism, a fine may be applied up to twice the quantities referred to in Article 66 and, in the case of the infringements referred to in the Articles 67 and 68 shall be permanently closed to the establishment and revocation of the approval or permission granted.

The Secretariat will publish in the Official Journal of the Federation, the resolution to suspend or revoke any approval or permission, in order for the registration to be made in the registration.

Article 70.- For the imposition of sanctions the Secretariat shall take into account the seriousness of the infringement, the damages caused, as well as the antecedents, personal circumstances and socio-economic status of the offender, and must have previously granted an audience to the person concerned, in the terms laid down in the regulation of this law.

CHAPTER IV

OF THE REVIEW FACILITY

Article 71.- Against the resolutions passed by the Secretariat on the basis of this law, the review facility may be brought within 15 working days. following the date of their notification.

The terms and conditions relating to the review appeal must be in accordance with the Federal Administrative Procedure Act.

Article 72.- The interposition of the appeal shall be made in writing addressed to the Secretariat, in which the name and address of the appellant shall be expressed, the resolution being uses and grievances, accompanying the document with the test elements deemed necessary and with the constances that accredit the personality of the person.

The resource's interposition will suspend the execution of the contested resolution, so it makes the payment of fines.

The regulations of this law shall establish the terms and conditions for the processing and substantiation of the appeal.

CHAPTER V

OF THE DELITES

Article 73.- To which you enter the national territory or move within it, plants, products or by-products, transport vehicles, machinery, materials, equipment, pathogenic agents, when the same cause or cause damage to the national agriculture, without having the phytosanitary documentation, will be imposed the penalty of four to ten years of imprisonment and fine of up to a thousand days of minimum wage.

Article 74.- To which an Internal or International Verification Point has been evaded, having the obligation to be inspected in the same, when entering or mobilizing in the national territory, plants, their products or by-products, transport vehicles, machinery, materials, equipment, pathogenic agents, shall be imposed for two to seven years imprisonment and fine up to a thousand days minimum wage.

Article 75.- Penalty of two to seven years imprisonment and fine of up to a thousand days minimum wage shall be punished, without prejudice to the penalties the administrative authorities to which the creditor was made:

I. When issuing, issuing or subscribing to plant health certificates and systems for the reduction of pollution risks during the primary production of plants and plant health conditions, without verifying that the plants, their products or by-products, transport vehicles, machinery, materials, equipment, pathogenic agents, comply with the requirements required by the relevant standard; and

II. To permit or authorize by any means, the entry or mobilization within the national territory of plants, their products or by-products vehicles of transport, machinery, materials, equipment, pathogenic agents, that do not comply with the requirements required by the respective regulations.

Article 76.- To which without having the authorization or certification of the competent authority, order or execute any activity in plant health, Impose the penalty of two to seven years imprisonment and fine of up to a thousand days fine.

Article 77. To which you have a plant, its products or by-products or activity related to pollution risk reduction systems during the Primary production of vegetables, has the certification of the competent authority, without checking it, will be imposed a penalty of two to seven years of imprisonment and fine of up to a thousand five hundred days fine.

TRANSIENT

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

SECOND.- The Mexican Fitopecuaria Health Law and the Wine Law, published in the Official Journal of the Federation on December 13, 1974 and March 25, 1943, respectively, are opened.

As long as the corresponding provisions are not issued, they will continue to apply, in so far as this law does not apply, the regulatory and administrative provisions in force to the date of entry into force of this order.

THIRD.- Full validity is recognized for the records, permits, authorizations, certificates and guides issued prior to the date of entry into force of this law, when they are fully in compliance with the provisions of the legislation that is repealed.

FOURTH.- As long as the National Phytosanitary Advisory Council is constituted, it will continue to apply, in what is not opposed, the Agreement establishing the Mexican Phytosanitary Advisory Council, published in the Official Journal of the Federation on May twenty-seven thousand nine hundred and ninety-two.

QUINTO.- The Patronates for Research, Development and Plant Health, as well as Regional Committees and Local Plant Health Boards will be considered as agencies. auxiliary, so your activities will be regulated in the terms of this law.

Mexico, D. F., at December 20, 1993.-Sen. Eduardo Robledo Rincon.-President.-Dip. Cuauhtemoc López Sánchez.-President.-Sen. Antonio Melgar Aranda.-Secretary.-Dip. Sergio González Santa Cruz.-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 residence of the Federal Executive Branch, in Mexico City, Federal District, at the twenty-three days of the month of December of a thousand nine hundred and ninety-three.- Carlos Salinas de Gortari.-Heading.-The Secretary of Government, Jose Sponsorship Gonzalez Blanco Garrido.-Heading.


TRANSIENT ITEMS OF REFORM DECREES

DECREE by which various provisions of the Federal Plant Health Law are reformed, added and repealed.

Published in the Official Journal of the Federation on July 26, 2007

Single Article.- Reforming articles 1o.; 2o.; 3o.; 4o.; 5o.; 7o, fractions II, III, VIII, XII, XIV, XVIII, XXI, XXII, XXIII, XXVI, XXVII, XXVIII, and XXXI; 8o.; 9o.; 13; 14; 15; 19, first and second paragraphs, fractions I, points (c), (d), (e), (f), (i) and (l), V, VI and VII; 20, first subparagraph, fractions I and IV; 21; the name of Chapter II ' Of Mobilisation, Import and Export in the field of Plant Health "; 22, fraction II and current second paragraph; 23; 24; 25; 26; 27; 28; 29; 30; 32; 33, fraction V; 34, first paragraph and fraction III; 35, first paragraph; 36; 38; 39; 40; 41; 42; 46; 48, first and last paragraphs; 49; 50; 51; 53; 54; 55; 57, first and second paragraphs; 58, first and last paragraphs and fraction III; 59; 60; the name of Title IV "Of the Incentives, Citizen's Reporting, Sanctions, Resource of Review and Offences"; 63; 64, third paragraph; 66, fractions I, IV, VI and VIII; 67; 68, first paragraph; 71, second paragraph. The articles are Added a second paragraph to Article 2o.; 7o, with the fractions XXXII, XXXIII, XXXIV, XXXV, XXXVI, XXXVII, XXXXVIII, XXXIX and XL, passing the current XXXII to be XLI; 7o. -A; 19, fraction I, with the incissos m) and n) and two last paragraphs; 22, with a second paragraph; 27-A; 29-A; 37 bis; 39 bis; 41 bis; 41 b; 42a; the Second Bis Title "of the Risk Reduction and Pollution Systems in the Primary Production of Plants", with the 47-A, 47-B, 47-C, 47-D, 47-E, 47-F, 47-G, 47-H, 47-I and 47-J; 48, with a second paragraph; 50 bis; 66, with fractions XVII, XVIII, XIX, XX and XXI, passing the current XVII to be XXII and a penultimate paragraph; 68, with the fraction III; a Chapter V " Offences " to Title IV, comprising Articles 73, 74, 75, 76 and 77. Derogan is and XXIV of the article 7o.; the last paragraph of Article 20; 43; 44; 45; fraction I and the current second and third paragraphs of Article 48; fractions VII and IX of Article 66; all of the Federal Plant Health Law, to remain as follows:

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TRANSIENT

Article First. This decree shall enter into force on the day following its publication in the Official Journal of the Federation.

Article Second. Full validity is recognized for the records, permits, authorizations, certificates and guides issued prior to the date of entry into force of this decree, provided that they are in accordance with the provisions that have no effect.

Article Third. As long as the corresponding provisions are not issued, they shall continue to apply, in so far as they do not object to this decree, the provisions regulations and administrative provisions in force on the date of entry into force of this order.

Mexico, D.F., on April 26, 2007.-Dip. Jorge Zermeno Infante, President.-Sen. Manlio Fabio Beltrones Rivera, President.-Dip. José Gildardo Guerrero Torres, Secretary.-Sen. Renan Cleominio Zoreda Novelo, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, on the thirteen days of July of two thousand seven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of Government, Francisco Javier Ramirez Acuna.-Heading.


SENTENCE given in the Action of Unconstitutionality 157/2007, promoted by the Attorney General of the Republic, against the Congress of the Union and other authorities.

Published in the Official Journal of the Federation on 18 November 2008

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Supreme Court of Justice of the Nation.-Secre taria General de Agreements.

UNCONSTITUTIONALITY ACTION 157/2007.

PROMOTE: ATTORNEY GENERAL OF THE REPUBLIC.

MINISTER RAPPORTEUR: GENARO DAVID GONGORA PIMENTEL.

SECRETARIES: MAKAWI STAINES DIAZ.

FABIANA ESTRADA TENA.

MARAT WALLS MONTIEL.

Mexico, Federal District. Agreement of the Full Court of the Supreme Court of Justice of the Nation, corresponding to the twentieth of October of two thousand eight.

SEEN; and, RESULTING:

FIRST TO Eighth.- ..........

CONSIDERING:

FIRST TO fifth.- ..........

SIXTH.-Effects. In accordance with Article 105, penultimate paragraph of the Federal Constitution, the invalidity decreed in respect of Article 77 of the Federal Law on Plant Health, in the normative portion mentioned above, as it is a standard in criminal matters, shall have retroactive effect to the twenty-sixth of July of two thousand seven, the date on which it was published in the Official Journal of the Federation.

For the above and well-founded, it resolves:

FIRST.- The present action of unconstitutionality is derived and founded.

SECOND.- The invalidity of Article 77 of the Federal Law on Plant Health, published in the Official Journal of the Federation, is hereby declared on 23 July Two thousand seven, only in the normative portion that says: "... and fine of a thousand five hundred days fine", in the terms specified in the fifth recital of this resolution.

THIRD.- The invalidity declaratory of the contested rule will have effects in terms of the last recital of this execution.

FOURTH.- Publish this statement in the Official Journal of the Federation and the Judicial Weekly of the Federation and its Gazette.

Notify; by means of trade to the parties and, in your opportunity, file the case as a closed matter.

This was resolved by the Supreme Court of the Supreme Court of Justice of the Nation by a unanimous vote of eight votes of the ministers Aguirre Anguiano, Cossio Diaz, Luna Ramos, Franco Gonzalez Salas, Valls Hernandez, Sanchez Cordero de Garcia Villegas, Silva Meza and acting President Gongora Pimentel. President Guillermo I. Ortiz Mayagoitia did not attend, for being in compliance with an official commission; Jose de Jesus Gudino Pelayo, for being on vacation for having integrated the Committee on the Recess of the Second Period of Sessions of two thousand seven, and Mariano Azuela Guitron, by license granted, respectively.

The President-in-Office of the President-in-Office and the Rapporteur with the Secretary-General of Agreements, who authorizes and gives faith.

The acting President and Rapporteur: Minister Genaro David Gongora Pimentel.-Heading.-The Secretary General of Agreements: José Javier Aguilar Domínguez.- Heading.

CITIZEN LICENSED JOSÉ JAVIER AGUILAR DOMÍNGUEZ, SECRETARY GENERAL OF AGREEMENTS OF THE SUPREME COURT OF JUSTICE OF THE NATION, CERTIFIES: That this photocopy The constant of fifteen useful fojas, it agrees faithfully and exactly with its original corresponding to the sentence of twenty of October last dictated in the action of unconstitutionality 157/2007, promoted by the Attorney General of the Republic, against of the Congress of the Union and other authorities. It is certified for publication in the Official Journal of the Federation, in compliance with what was ordered by the Full Court in the Fourth Resolutive in the resolution of merit.-Mexico, Federal District, to four November of two thousand eight.-Heading.


DECREE amending Article 77 of the Federal Plant Health Law.

Published in the Official Journal of the Federation on 16 November 2011

ONLY ARTICLE. -Article 77 of the Federal Plant Health Law is reformed to remain as follows:

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TRANSIENT

Article Unique.- This Decree shall enter into force on the day following that of its publication in the Official Journal of the Federation.

Mexico, D.F., 4 October 2011.-Dip. Emilio Chuayffet Chemor, President.-Sen. José González Morfin, President.-Dip. Laura Arizmendi Campos, Secretary.-Sen. Adrian Rivera Perez, Secretary.-Rubicas."

In compliance with the provisions of Section 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree in the Federal Executive Branch, in Mexico City, Federal District, to ten November of two thousand eleven.- Felipe de Jesús Calderón Hinojosa.-Heading.-The Secretary of the Interior, José Francisco Blake Mora.-Heading.