Dairy Activity. Fund Financing And Sustainable Development. Creation.

Original Language Title: Actividad Lechera. Fondo Financiamiento Y Desarrollo Sustentable. Creacion.

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Read the untranslated law here: https://parlamento.gub.uy/documentosyleyes/leyes/ley/19336

Fund of financing and development sustainable of the activity dairy creation the Senate and the Chamber of representatives of the Republic East of the Uruguay, gathered at General Assembly, Decree: article 1.-replaced the subsection of the article 2 of the law No. 18,100, on February 23, 2007, the first by the following: "the Fund will be directed, managed and represented by a Committee honorary administrator consisting of a representative of the Ministry of livestock Agriculture and fishing which will chair it, a representative of the Ministry of industry, energy and mining, a representative of the Ministry of economy and finance, the President of the Institute national de la Leche, a representative nominated by the dairy industry and two representatives nominated by the milk producers". Article 2.-replaced the subsection of article 4 of the law No. 18,100, on February 23, 2007, the first by the following: "the Commission honorary administrator will be held periodically in ordinary and extraordinary form, when convened it the Chairperson or three of its members. In addition, adopt its rules of organic and operational, where will be regulated the quorum and the majority required for decisions". Article 3.-the unperformed balance of the Fund created through the numeral 3) item 1 ° of the law Nº 18,100, on February 23, 2007, and the members remaining in that balance of the law Nº 17.582, of 2 November 2002, will be used to finance investments to the good management of the effluent and control of contamination of water sources. The national milk Institute (Inale) is the institution in charge of elaborating the technical proposal for the utilization of the Fund mentioned and is responsible for the execution and management of investments. Therefore the Fund's financing and sustainable development of the dairy activity (FFDSAL) will transfer to Institute the entirety of the amount earmarked for these purposes. Article 4.-replace article 7 of the law Nº 18,100, on February 23, 2007, by the following: 'article 7. (Pecuniary benefit).-for the purposes of financing the Fund created by the present law and bound to it, taxed with a pecuniary benefit in favor of the Fund's financing and sustainable development of the dairy activity first alienation to any degree of pint of milk fluid, effected by the producers to milk which is found legally authorised industrialization company or any third party imports of milk products dairy in all its forms and export of any type of milk are carried out directly by the producers.

  Will be levied also for manufacturing use affectation or the disposal of milk flowing from its own production that payers of the tax on the income from economic activities (IRAE) except the cases to the own use for manufacturing making artisanal producers, understanding as such those who manufacture products dairy the milk produced on the farm only.

  The aforementioned provision shall be fixed by the Executive branch up to a maximum equivalent to 3.5% (three with five percent) of the average price of milk producers determined by the Office of scheduling and agricultural policy (OPYPA) of the Ministry of livestock, agriculture and fishing.

  This amount will be reset every six months by the Executive power, depending on the variation between the value of the interbank dollar buyer of the last business day of the month preceding the date of the decree by which establishes new fixation and used in the determination of the current value, and may not exceed the percentage laid down in the preceding paragraph.

  In the case of dairy products that are imported, the pecuniary provision shall be fixed taking into account the nature and composition of the products in conversion tables that establishes the Ministry of livestock, agriculture and fishing". Article 5.-Article 10 of the law No. 18,100, on February 23, 2007, be replaced by the following: 'article 10. (Beneficiaries).-the Executive branch may be determined by rules of procedure and in consultation with the Guild of dairy producers, the minimum amounts of benefit need to pay particular attention to small producers of milk.

  The resources of the Fund derived from the pecuniary provision created by the article 7 of this law and of his assignment or securitization, deducted the amounts intended to constitute the minimum amounts to be for small producers and expenditure on transfers or securitisation, shall be distributed exclusively among dairy farmers and will be freely available to them.

  Dairy farmers will receive the resources of the Fund in accordance with the apportionment carried out taking into account the sale of litres during periods requiring the regulation appropriately, by which producers have paid the tax on the sale of agricultural goods (Imeba).

  The honorary administrator Commission shall establish by resolution founded list of beneficiary producers and the respective amounts to be perceived by them, by which the producers to be beneficiaries must sign a voucher or undertaking to pay which will have validity of enforcement in the event of non-compliance.

  The amounts that dairy farmers receive will be considered as a liability to all tax effects, which will be cancelled with the amounts corresponding to the paid pecuniary benefit or which were retained him to the producer under this Act". Article 6.-Article 18 of law No. 18,100, on February 23, 2007, be replaced by the following: "article 18. (Validity)-the pecuniary provision created by the article 7 of this law shall become effective when so determined by the Executive Branch and will remain in force until cancelled in full all the obligations of the assignment or securitisation of revenues from the Fund to each financial trust created for these purposes.

  The transfer is cancelled or securitisation of revenues of the Fund, the Executive may extend the validity of the pecuniary allowance up to a maximum of twenty-four months, with the aim of correcting potential internal transfers within the sector, because of different growth rates of remission of the producers and in consequence of his contribution to the Fund what may be done through the Fund financing and sustainable development of the dairy activity (FFDSAL) or a trust of management.

  "Fulfilled once expressed above, the Administrative Commission shall settle all accounts and claims within ninety days, and must retain the necessary funds for this purpose". Article 7.-the withholding agents shall inform Fund financing and sustainable development of the dairy activity (FFDSAL) the individual contributions of producers based on your referral to the plants, to the effects that the personal accounts of each beneficiary can be. Even in the case that extends the deadline for the collection of pecuniary benefit for the purposes of correct transfers within the sector, the solidarity of the system will be maintained in all respects so that exist more than received retention — including interests, administrative expenses, unforeseen and uncollectible amounts —, there will be no right to credits on behalf of the beneficiaries. Article 8. (Regulatory).-the Executive power will regulate this law within thirty days of its enactment.     Hall of sessions of the House of representatives, in Montevideo, August 5, 2015. ALEJANDRO SANCHEZ, President.
Virginia Ortiz, Secretary. Ministry of livestock, agriculture and fishing Ministry of economy and Finance Ministry of industry, energy and mining Montevideo, August 14, 2015. Met, acknowledge receipt, communicate, publish, and inserted into the national registry of laws and decrees, the law for amending provisions of the law No. 18,100, of February 23, 2007, that creates the background of finance and sustainable development of the dairy activity. TABARÉ VÁZQUEZ.
TABARE AGUERRE.
DANILO ASTORI.
CAROLINA COSSE.