Law on Milk Glass for the Strengthening of School Snacks

Declare as a matter of national interest and convenience the appropriate nutrition of children attending public educational centers, who shall receive within the School Snack Program a dietary intake of two hundred (200) milliliters of milk with the necessary vitamin and energy supplements and derivatives, once per day for five (5) days, two hundred (200) school days, whose priority purpose is the well-being of our children; combating malnutrition.

For the implementation of this Law, a Coordinating Commission is hereby created which shall establish the bases of participation in the bidding for the purchase of milk for the school snack program, which shall be comprised of:

• 1)

  The head or representative of the State Secretariat in the Office of Social Development, who shall preside over it;

• 2)

  The head or representative of the State Secretariat in the Offices of Agriculture and Livestock (SAG), who shall act as Executive Secretary;

• 3)

  The head or representative of the State Secretariat in the Offices of Industry and Commerce.

• 4)

  The head or representative of the State Secretariat in the Office of Education;

• 5)

  The head or representative of the State Secretariat in the Office of Health;

• 6)

  A representative of the Office of the First Lady;

• 7)

  A representative of the Association of Ranchers and Farmers of Honduras;

• 8)

  A representative of Milk Producers, in the capacity of Observer; and,

• 9)

  A representative of Civil Society, in the capacity of Observer.

The State Secretariat in the Office of Finance is hereby authorized to establish the allocation of funds, preferably from international cooperation, as well as the reorientation of loans with multilateral organizations, in such a manner as to permit the State of Honduras to acquire cow's milk of fluid national production not reconstituted and its derivatives, beginning with an annual amount of ONE HUNDRED FIFTY MILLION LEMPIRAS (L.150,000,000.00) and under the conditions determined by this Law.

The milk shall be packaged by the awarded bidder, subjecting it to a Pasteurization or Ultra-Pasteurization treatment that guarantees the safety of the milk, with a volume of no less than two hundred (200) milliliters duly fortified and vitaminized, complying with the sanitary and administrative requirements determined by the Health Code, the Consumer Protection Law, the General Environmental Law and other applicable provisions, with a fat percentage of three percent (3%). Institutional labeling and the requirements for product additives shall be determined by the State Secretariat in the Office of Social Development, in co-participation with the State Secretariat in the Office of Health.

Purchases shall be made through regional public bidding in accordance with what is established in the Country Plan and may participate artisanal processors, organized and independent producers, cooperatives, milk collection centers and national and international industries with investment in the country. In order to participate, they must present certification from SENASA and from the State Secretariat in the Office of Health.

The milk to be distributed in the School Snack Program shall be strictly from cattle, and one hundred percent (100%) of Honduran production. Reconstituted powdered milk may not be used for such purpose, nor shall imitations of milk or similar beverages be permitted, and it shall be the Consumer's Attorney and the regulatory organism that shall conduct the respective inspections to guarantee what is established in this Article.

The State Secretariat in the Office of Social Development shall be responsible for identifying beneficiaries, through coverage and gradual process in accordance with the availability of resources. And jointly with the State Secretariat in the Office of Education through its departmental directorates and district directorates, and the Association of Parents of Families, shall supervise the delivery and coordinate the distribution of milk for use in the school snack program.

In those regions where there is no installed capacity, where there are no milk collection centers and in order to guarantee the participation of small producers in the School Snack Program, this Program, from the approved budget line, shall designate a percentage for the purchase of milk derivatives through private bidding by means of a mechanism it shall implement for this purpose. This without prejudice to the support that the Executive Branch may provide for training and technology acquisition.

The companies supplying milk for the School Snack Program shall establish effective mechanisms for the collection of used packaging of the product consumed, in order to avoid environmental contamination.

Once this Law is enacted, its General Regulations shall be drafted and published by the Executive Branch through the State Secretariat in the Office of Social Development, within a period not exceeding fifteen (15) days.

This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the seventh day of the month of June of the year two thousand ten. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT GLADIS AURORA LÓPEZ CALDERÓN SECRETARY ELISEO NOEL MEJÍA CASTILLO SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., June 11, 2010. PORFIRIO LOBO SOSA PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Social Development. HILDA ROSARIO HERNÁNDEZ ALVARADO