Agreement-SENASA-001-2020

Object of this Regulation: This Regulation has the purpose of establishing the provisions for the implementation of the National System of Traceability and Agricultural, Aquacultural and Fishery Registry (SINART) issued in Executive Decree Number PCM-032-2018 in compliance with the Phytozoosanitary Law Decree 344–2005 and other related regulations, with the purpose of strengthening the surveillance and implementation of sanitary programs, productive management, planning and organization of the sector, market admissibility and access, as well as the reduction of illegal mobilization, smuggling, and cattle theft.

To comply with the objectives and provisions contained in this Regulation, SENASA shall require the mandatory registration of all persons (natural and legal entities) and establishments dedicated to the activities of production, exhibition, processing and commercialization of animals, products and by-products of agricultural, aquacultural and fishery origin, the control of their mobilization and the identification (individual or group) of origin of animals, products and by-products of agricultural, aquacultural and fishery origin from any stage of the productive process. For the implementation of SINART, SENASA shall have the active participation of the Ministry of Agriculture and Livestock (SAG), Ministry of Economic Development (SDE) and the National Inter-institutional Security Force (FUSINA).

For the purposes of interpretation and application of this Regulation, the following definitions shall be considered: a. CATTLE THEFT: Crime consisting of the theft of animals, especially cattle, for the purpose of commercializing or slaughtering them. b. AQUACULTURE: Designates the breeding of aquatic animals that involves intervening in some way to improve production, for example, through restocking, feeding, protection against predators, etc. c. ANIMAL: Designates any mammal, bird, bee as well as aquatic species. d. COMPETENT NATIONAL AUTHORITY: Ministry of Agriculture and Livestock (SAG) through the National Agricultural Health and Food Safety Service (SENASA). e. ESTABLISHMENT: Physical place where animals, products and by-products derived from the same are raised, fattened, reproduced, distributed, commercialized, concentrated, exhibited, slaughtered and processed. f. FARM: Constitutes an establishment where animals are raised, reproduced and fattened. It may be constituted by areas aggregated or disaggregated into lots or land owned, with right of possession, leased or loaned, as long as it is operated under the same management. g. UNIQUE GUIDE FOR MOBILIZATION AND SANITARY CONTROL (GUIASA): Official document issued by the Competent Sanitary Authority, whose information contained therein has the character of a sworn declaration, for the purpose of mobilizing animals, products and by-products of agricultural, aquacultural and fishery origin to different establishments and identifying the means of transport thereof, from its origin to its destination, regardless of the reason for the movement. h. ENABLEMENT OF TRACEABILITY OPERATORS: Refers to the procedure by which SENASA authorizes natural or legal persons of the private sector to execute activities of SINART that have met the requirements demanded by the Competent National Authority. i. VISUAL IDENTIFIERS: Are official individual identification devices (DIIO) where the number or unique code of an animal appears printed in readable and clear numbers visible to the naked eye, with the form of an earring or tag, flag type or button. j. INMOVI: Inspector of Agricultural, Aquacultural and Fishery Mobilization. k. REGISTRATION: Procedure through which the capture of general information of natural persons, legal entities and establishments engaged in one or more activities stipulated in this Regulation is carried out. l. INSPECTION: Direct visual observation or with the aid of instruments, of animals, plants, raw materials, products and by-products of animal or vegetable origin, means of transport, crops, storage places, equipment and facilities or processing plants, with the purpose of detecting the origin, mobilization and destination of the traceable object, in accordance with SINART standards. m. MEANS OF TRANSPORT: Refers to any terrestrial, aerial or aquatic means used for the transport of animals, products and by-products of animal origin. n. TRACEABLE OBJECT: animal, plant, product or by-product at individual or group level, subject to monitoring within a chain of production, transformation and distribution. o. OFFICIAL TRACEABILITY OPERATORS: SENASA official competent to exercise actions related to the implementation of the National Traceability System. p. PRIVATE TRACEABILITY OPERATORS: Natural or legal person enabled by the competent national authority authorized by SENASA to exercise actions related to the implementation of the National Traceability System. q. PROCESSING PLANT: Is an establishment registered and authorized by SENASA for the slaughter, preparation, transformation, manufacture, packaging, storage, distribution, handling and sale of products and by-products of animal origin. r. PROPERTY: Designates the ownership of an animal or group of animals, establishments and means of transport. s. t. TRACEABILITY: Is the possibility of finding and following the trail, through all stages of life, production, transformation and distribution of a food, a ration, the elaboration of food or a substance intended to be incorporated into food or rations. u. HARMONIZED SYSTEM: Refers to the process of harmonization of regional agricultural traceability standards developed by the International Regional Organization for Agricultural Health and Food Safety and its member countries (Mexico, Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica, Panama and Dominican Republic). v. SYSTEM USERS: Are those users authorized by SENASA to access the SINART computer platform, through an access code for the registration of information of confidential character, strictly related to the activity of the same user.

This regulation has a scope of mandatory application at the national level for all persons (natural and legal entities) and establishments dedicated to the elaboration, production, exhibition, processing, commercialization and mobilization of animals, products and by-products of agricultural, aquacultural and fishery origin of commercial and sanitary interest, which according to law and SENASA directives, require the design and implementation of a traceability system.

SENASA, through the corresponding instances, shall be the competent authority responsible for determining and regulating the activities that may be executed by enabled traceability operators, for which the corresponding Procedures Manual shall be developed.

The Traceability Department is hereby created, dependent on the General Directorate, with the objective of creating a structure that guarantees the sustainability, efficiency and quality of the National System of Agricultural, Aquacultural and Fishery Traceability and Registry (SINART), which shall be responsible for its administration, continuous training of enabled operators and the supervision of their activities in compliance with this Regulation and other corresponding regulations.

It corresponds to the General Directorate of SENASA and the Traceability Department, the management, application and monitoring of the provisions contained in this Regulation.

For the purposes of the preceding article, with the support of the components or links of the Agricultural, Aquacultural and Fishery chains, SENASA shall implement and coordinate SINART, carrying out the following activities and functions: a. Create a System of Individual or Group Identification that allows the traceability of animals, products and by-products of agricultural, aquacultural and fishery origin, according to the conditions, requirements and needs of each sector or species of interest, subject of the system. b. Registration of Persons (Natural and Legal Entities) and establishments dedicated to the activities of production, elaboration, industrialization, storage, commercialization, exhibition and transport of animals, products and by-products of agricultural, aquacultural and fishery origin. c. Develop, maintain and update the computer platform or traceability software applicable to each sector that is implemented in SINART. d. Implement a Control System for Mobilization of animals, products and by-products of agricultural, aquacultural and fishery origin that includes the origin and destination thereof, as well as the means of transport used for their movement. e. Support the management and development of Veterinary Services through the establishment of an Official System of Agricultural, Aquacultural and Fishery Traceability and Registry as a tool intended to improve animal health and food safety. f. Facilitate the standardization of sanitary controls of the agricultural, aquacultural and fishery sectors, their products and by-products at the national, regional and international levels. g. Strengthen the competitiveness of the agricultural, aquacultural and fishery productive sector through the registration of all those activities of production, elaboration, exhibition, commercialization, transport, provision of goods and services to the agricultural, aquacultural and fishery sector. h. Maintain an updated livestock inventory of the animal population and the corresponding agricultural, aquacultural and fishery establishments at the national level. i. Enablement of Traceability or Traceability Operators to develop the implementation of SINART. j. Prepare and execute jointly with the involved sectors an implementation, training, dissemination and monitoring plan of SINART. k. Preparation of technical reports required for the issuance of official documentation or certifications derived from the application of SINART. l. Elaboration, approval and implementation of the Procedures Manual on which the implementation of SINART shall be based. m. Coordinate actions at the national level between other public sector agencies and private sector organizations for the application of current legislation related to the implementation of SINART, as well as its monitoring.

The Components of SINART are: a. Registration of Natural or Legal Persons. b. Registration of Agricultural, Aquacultural and Fishery Establishments. c. Registration and Identification of the Traceable Object (Animals, Products and By-products). d. Registration and Inspection of Lot Composition Conformation in Plant. e. Registration and Control of Mobilization. i. Control of Mobilization of the traceable object: Inspection of means of transport. ii. Inspection of the physical state of the traceable object. iii. Inspection of mobilization documents. iv. Random inspection operations. Each of the activities framed in the components mentioned in this article shall be described in the Procedures Manual and Technical Instructions that shall be developed according to each productive sector. SENASA shall enable natural or legal persons, associations of producers, cooperatives, professional associations or international organizations, legally constituted and linked to the agricultural, aquacultural and fishery sector as Traceability or Traceability Operators for the execution of one or more activities related to the components inherent to SINART.

REGARDING MOBILIZATION CONTROL CHECKPOINTS: The National Agricultural Health and Food Safety Service (SENASA), in coordination with FUSINA, shall establish the points where the Mobilization Control Checkpoints shall be located where the inspection of vehicles mobilizing animals, products and by-products of agricultural, aquacultural and fishery origin shall be conducted, which may be fixed or mobile checkpoints.

Every motor vehicle that transports animals, products and by-products of agricultural, aquacultural and fishery origin shall report to the Mobilization Control Checkpoints of the National Traceability System (SINART).

SENASA shall enable natural or legal persons, associations of producers, cooperatives, professional associations or international organizations, legally constituted and linked to the agricultural, aquacultural and fishery sector as Traceability or Traceability Operators, to participate in the development and implementation of services or activities that are necessary for the operability of SINART provided they meet the requirements requested by the competent authority to provide the Traceability and Mobilization Control service.

Those interested in being enabled to carry out activities framed in the components of SINART shall submit a written request to the Traceability Department in the format designed by SENASA.

The requirements and procedures for authorization of the enablement of Traceability operators shall be defined in the Procedures Manual that SENASA shall prepare for such purpose. Natural or legal persons who so wish may become enabled to provide the traceability service, according to the procedures established in the corresponding Enabled Traceability Operator Manual.

CONFIDENTIALITY: SENASA shall adopt the necessary measures to guarantee the confidentiality of information supplied by system users and shall ensure that its use is exclusively for the purposes of SINART implementation.

Given the confidentiality of the information registered in SINART, producers at the sectoral or individual level, as well as all other members of the agricultural, aquacultural and fishing chains and other interested sectors, must officially request the required information from SENASA.

TERM OF VALIDITY. The term of validity of the authorization of Traceability operators shall be defined in the Procedures Manual that SENASA shall prepare for such purpose.

ELECTRONIC APPROVAL SYSTEM. The authorizations of traceability operators may be approved electronically from their initiation through their Resolution.

RENEWAL. The request for renewal of authorization must be submitted sixty days (60) prior to its expiration, for which the applicant must complete and submit the renewal application form, complying with the requirements established in the Procedures Manual approved for that purpose. CHAPTER III SUSPENSION OR REVOCATION OF AUTHORIZATION

SENASA has the authority to apply measures for non-compliance by authorized operators who fail to comply with the provisions of this Regulation, in accordance with its stipulations. SENASA may, as a general rule, apply the following measures in case of non-compliance by authorized operators: a) Suspension of authorization; and b) Revocation of authorization.

Suspensions of authorization shall last for the period established in the Technical Instructions for each activity, or the time required for the authorized operator to implement the corrective measures that originated the suspension.

In the event that revocation of authorization is established, the person shall lose the status of authorized operator and may request new authorization after one year counted from the revocatory resolution, without prejudice to other periods established in the Technical Instructions of each productive activity, which may not be less than one year.

Authorization may be temporarily suspended for the following causes: a. Failure to provide SENASA with the information, reports and documentation requested within the periods and formats provided or indicated. b. Use of procedures or standards different from those established by SENASA as described in the legislation, its regulations, Procedures Manual and international guidelines of reference organizations, which are in effect in the provision of their services. c. Failure to comply with the obligations established in the Technical Instructions of each productive activity.

Authorization may be revoked for the following causes: a. Falsify or alter information related to the activities for which authorization has been granted, without prejudice to the legal actions that correspond. b. Obstruct the regular and extraordinary supervision and inspection actions or activities of SENASA Officials in the exercise of their functions. c. Failure to comply with the instructions issued by SENASA officials in the exercise or by reason of the exercise of their supervision and control functions. d. Conceal or become complicit in any action or situation that is contrary to the official obligations prescribed by this Regulation and related resolutions. e. Breach of the confidentiality agreement in the handling of sanitary information. f. It is established that the authorized operator continued executing actions within the scope of their authorization while it was suspended. g. Issuance of GUIASA without the corresponding authorization number. h. Others established in the Technical Instructions of each productive activity. CHAPTER IV GENERAL PROVISIONS FOR THE OPERABILITY OF THE SYSTEM

All Natural or Legal Persons responsible for mobilization, as well as transporters and means of transport that participate in this activity must register in SINART. SENASA shall create the necessary mechanisms for the issuance of the Single Mobilization and Sanitary Control Guide (GUIASA) corresponding thereto, which shall be detailed in the procedures manual for mobilization according to each productive sector.

Animals, products and by-products of agricultural, aquacultural and fishing origin whose origin and destination have not been properly identified and registered in SINART may not be mobilized, starting from the periods and zones defined in the corresponding Implementation Plan.

Every person responsible for the mobilization of animals, products and by-products of agricultural, aquacultural and fishing origin must mandatorily carry the Mobilization and Sanitary Control Guide (GUIASA) issued by SENASA, additionally attaching the documents that prove ownership thereof (when applicable) and complying with the authorization and completion periods for the movement that corresponds. The periods and procedures for authorization and completion of a movement of animals, products and by-products of agricultural, aquacultural and fishing origin shall be defined in the Procedures Manual and Technical Instructions developed for each productive activity.

It shall be the responsibility of each Natural or Legal Person to supply and maintain updated information of all records and data required by SINART, being accountable for its accuracy and assuming commitments related to its sustainability. Said information shall have the character of a sworn statement. The failure to supply truthful information shall be sanctioned under the corresponding current legislation.

Producers who wish to access the benefits established by government support programs for the agricultural, aquacultural and fishing sector must be properly registered in SINART, as of the date this regulation enters into force.

Authorized Traceability or Traceability Operators registered in SINART shall request from SENASA the assignment of batches of devices according to the different official identification methods, in order to provide services to natural or legal persons engaged in agricultural, aquacultural and fishing activities located in the different Intervention Zones of the country.

DEADLINES FOR IDENTIFICATION, REGISTRATION AND DEACTIVATION. The deadlines for identification, registration and deactivation of traceable objects shall be defined in the Manual of Procedures and Technical Instructions developed for each productive activity.

In the event that the person responsible for mobilization fails to present any of the documents defined in the Manual of Procedures and Instructions issued by SENASA, proceedings shall be conducted in accordance with the provisions established in the procedure manual developed for each productive chain or sector. CHAPTER V SURVEILLANCE AND VERIFICATION

The National Service for Agricultural Sanitation and Food Safety shall be responsible for supervising and verifying on a permanent basis, in accordance with its competencies, compliance with this Regulation. Non-compliance with this Regulation shall be sanctioned in accordance with the provisions established therein.

If as a result of mobilization control activities and an inspection inconsistencies or non-conformities are found in the product, the product shall be subject to retention or seizure as applicable. a. If the product presents documentary, procedural or sanitary inconsistencies that are correctable, retention shall apply. b. In the event that these inconsistencies are not correctable, seizure shall apply. As a result of retention, the product may be released or seized as appropriate. As a result of product seizure, the product shall be donated or destroyed, in accordance with the procedure described in this Manual, except in those cases where after due process the authorities of the Central Level of the National Service for Agricultural Sanitation and Food Safety, exercising the powers conferred upon them by Law, resolve as appropriate.

In places where there are no agricultural mobilization control posts for the implementation of animal mobilization control measures, agricultural, aquacultural and fishery products and by-products contemplated in SINART, SENASA may enable legal entities so that in conjunction with the National Inter-institutional Security Force (FUSINA), National Police, Armed Forces or other State entities as well as other justice operators, may exercise control activities. Such control measures shall include, among others: a. Random operations in conjunction with the Military Police or elements of the Armed Forces for the verification of GUIASAS. b. Retention and remission of the product to the nearest Mobilization Control Post, in the event of finding inconsistencies defined in the Instruction developed for such purpose. CHAPTER VI SUPERVISION OF ENABLED OPERATORS

Every operator enabled in activities inherent to different productive chains or sectors shall be supervised by SENASA through the Traceability Department, in order to verify that the technical activities of the enabled operators comply with the requirements defined by SENASA in applicable regulations.

Official SENASA personnel shall conduct supervision actions in accordance with the provisions established in the corresponding Manual of Procedures.

This supervision may also be conducted indirectly, through studies and evaluations of documentary records emanating from the actions of the enabled operator, interlaboratory rounds, capacity tests, as appropriate, in order to verify that the activities for which the third party is authorized are being conducted in accordance with the applicable regulations defined by SENASA.

Without prejudice to the powers of the Traceability Department to conduct direct supervision of compliance with this Regulation, the Sub-Directorates shall be responsible for reporting in writing to the Traceability Department when they identify deficiencies or failures in the technical activities executed by the enabled operator. SENASA shall apply the corresponding enforcement measures in accordance with the provisions described in this Regulation and in the Manual of Procedures and Technical Instructions for each productive activity approved for such purpose. CHAPTER VII INFRACTIONS AND SANCTIONS

Violations committed by natural or legal persons responsible for mobilization, as well as transporters and means of transport that participate in this activity, to the provisions of this Regulation, Manual of Procedures, Technical Instructions and Resolutions that originate from it, shall be classified and administratively sanctioned by SENASA, without prejudice to the penalties that correspond when they constitute a crime.

For the purposes of this Regulation, violations are classified as: 1. Minor Violations 2. Less Serious Violations 3. Serious Violations

Minor Violations are considered to be:

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  Failure to provide information requested by SENASA within the framework of SINART.

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  Failure to provide conditions in the registered Establishment to verify the information provided to SINART that is entered into the Trazar-Agro Platform.

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  Failure to implement and update in SINART the health control records applicable to each productive activity.

Less Serious Violations are considered to be:

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  Recurrence of a minor violation.

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  Refusing to receive official SENASA technical personnel properly identified, having been previously notified of the inspection.

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  Failure to heed technical recommendations related to SINART, provided by technical personnel during the inspection.

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  Untimely identification and registration of traceable objects.

Serious Violations are considered to be:

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  Recurrence of a less serious violation.

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  Removal and intentional damage to official individual identification devices with the purpose of mobilizing animals illegally or causing a fraudulent action duly verified by the corresponding investigation by the competent authorities.

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  Failure to register in SINART persons, establishments, transportation, merchants or other records of importance established in this Regulation.

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  Non-compliance with the mandatory requirement of application of official identification and registration devices for animal births, established in this Regulation and its Manual of Procedures.

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  Falsification of devices, labels or other official identification mechanisms.

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  There is no evidence in the system that the GUIASA was prepared for the transported product or failure to present it within the deadlines established in the Manual of Procedures and Technical Instructions for each productive activity.

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  When it is verified that the GUIASA has been falsified, that it contains inconsistencies with respect to the quantity of the inspected product, when the product information does not match the inspected and registered information in the Trazar-Agro platform.

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  Mobilization of animals, agricultural, aquacultural and fishery products and by-products without a Single Guide for Mobilization and Health Control.

The penalties applicable for violations of this Regulation are:

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  For Minor Violations committed, a fine of Ten thousand Lempiras exact (L. 10,000.00) and written reprimand shall be applied.

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  For Less Serious Violations committed, a fine of Twenty-five thousand Lempiras exact (L. 25,000.00) and written reprimand shall be applied.

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  For Serious Violations committed, a fine of Fifty thousand Lempiras exact (L. 50,000.00) and written reprimand shall be applied. The legal application of sanctions shall be the responsibility of SENASA and shall observe the procedure established in the Administrative Procedure Law. Failure to pay the fines on which a final resolution has been rendered shall result in non-issuance of GUIASA by SENASA.

First-time recidivism in the Serious Infractions referred to in Article 44 of this Regulation shall be sanctioned with temporary suspension of the issuance of GUIASAS for a period of one (1) month. Second-time recidivism in the Serious Infractions referred to in Article 41 shall be sanctioned with permanent cancellation of registrations, certifications, accreditations, registries, authorizations, and competency recognitions of SINART. TITLE III OF FINAL PROVISIONS

This Regulation shall enter into force as of the date of its publication in the Official Gazette La Gaceta. Communicate copies of the Law. MAURICIO GUEVARA PINTO SECRETARY OF AGRICULTURE AND LIVESTOCK DAVID ANTONIO ALVARADO HERNÁNDEZ DEPUTY SECRETARY OF STATE FOR ECONOMIC INTEGRATION AND FOREIGN TRADE SECRETARIAT OF STATE IN THE OFFICES OF ECONOMIC DEVELOPMENT CARLOS PINEDA FASQUELLE DEPUTY SECRETARY OF THE ENVIRONMENT JULIO GUSTAVO APARICIO ORTEGA TITULAR MEMBER OF THE BOARD OF DIRECTORS CARLOS MIGUEL LOPEZ TITULAR MEMBER OF THE BOARD OF DIRECTORS JUAN JOSE CRUZ ALTERNATE MEMBER OF THE BOARD OF DIRECTORS VICTOR SAMUEL WILSON CANESSA ALTERNATE MEMBER OF THE BOARD OF DIRECTORS