Law for the Regulation of Sale of Agricultural Products with Different Degrees of Toxicity
Congreso Nacional
- Decree: 56-2014
- Published: December 26, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,616
- Category: Health
Summary
This law controls the sale of toxic agricultural products (pesticides, insecticides, etc.) in Honduras. Only registered establishments can sell them, with age restrictions based on toxicity level, and must maintain purchase records and identify buyers. It aims to prevent deaths from accidental poisoning or suicide.
Considerations
Whereas the Constitution of the Republic establishes provisions for the protection of life, health, well-being, the security of persons and productive activity, as well as other guarantees that contribute to improving their quality of life in the different regions of the country.
Whereas agricultural and livestock products with contents harmful to human health marked with red, yellow and blue labels, which on a descending scale indicate greater risks according to the international toxicity classification of the WHO/FAO, are currently being sold presuming possibilities of physiological damage and fatality in persons.
Whereas aluminum phosphide tablets used to protect stored grains against insects and rodents, known as "pills for curing beans" and which come marked with a red label to warn of greater toxicity, are more frequently used as a means to commit suicide.
Whereas the Agricultural Health Service (Agricultural-SENASA) dependent on the Secretariat of State in the Offices of Agriculture and Livestock (SAG) maintains a registry of establishments or agricultural or agrochemical houses dedicated specially to the sale of agricultural and livestock products; furthermore it generates technical reports and executes training on applications of this type of products.
Whereas our Constitution of the Republic establishes in Article 7 that the National Symbols are the Flag, the Coat of Arms and the National Anthem.
Whereas the interpretation of the National Anthem must be performed with all proper solemnities, being an act consecrated to the Nation.
Whereas when the National Anthem is sung, citizens must show their respect, patriotic love, civic values and inescapable commitment to defend our Nation and giving the act its solemnity, it is appropriate to make the official salute with the right hand on the chest and other pertinent gestures except when regulated by the norms related to the Armed Forces and National Police.
Articles
The provisions of this Law are intended to regulate the retail sale of agricultural products labeled with color bands red, yellow, or blue indicating degrees of toxicity, according to the classification established by the World Health Organization (WHO) and the Food and Agriculture Organization (FAO), with the purpose of preventing harm to health or fatalities in persons caused by inappropriate application and handling or for uses other than those for which they were manufactured.
The products mentioned in the preceding Article are: pesticides, insecticides, fungicides, fertilizers, herbicides, antiparasitics, or any other agricultural substance with toxic contents, which may only be sold at retail by agricultural and agrochemical houses or establishments duly registered with the National Agricultural Health Service (SENASA), a dependency of the Secretariat of State in the Offices of Agriculture and Livestock (SAG), and furthermore possess a valid operating permit issued by the corresponding Municipality.
The retail establishment at the moment of conducting the sale is obligated to observe the following provisions:
- 1)
Under no circumstance may products with red labeling be sold to persons under twenty-one (21) years of age. Products labeled yellow or blue may be sold to persons over eighteen (18) years of age, with prior proof of their work in the field of some producers' association, affiliation with the municipal corporation of each of the municipalities.
- 2)
Sell the product in factory containers duly labeled with warnings with texts and pictograms on use and handling as well as indications in case of poisoning as indicated in the Health Code and in the Consumer Protection Law. When exceptionally the product is sold outside its container, the vendor is obligated to package it appropriately by adhering at his own cost the warnings on use and handling and other manufacturer indications, as well as the name of the sales establishment.
- 3)
Require identification from the buyer and maintain a record of sales conducted indicating, in addition to the name and identity card, a declaration of the use to be given to the product and the place where it will be used.
- 4)
Exercise greater rigor in the control of sale of aluminum phosphide tablets in their various brand denominations and which are known as tablets for treating beans.
- 5)
Place in visible locations of the establishment the sales regulations indicated by this Law.
- 6)
In establishments where agricultural products are sold, they are obligated to also sell the corresponding antidote for any damage that may be caused by inappropriate use, if it exists.
The municipal corporations within the framework of the competencies granted to them by the Constitution of the Republic and the Law of Municipalities have the responsibility to ensure in their respective municipal districts the strict compliance with the provisions of this law and to apply administrative sanctions in case of non-compliance as determined in the Municipal Ordinances; they shall sanction with greater severity the commercial establishments that are not authorized to sell toxic agricultural products. The proceeds from fines that are applied must be deposited into the municipal treasury, without prejudice to other sanctions that the Law determines. These provisions do not limit the inspection actions that correspond to the National Agricultural Health Service (SENASA). Authorities or the population upon knowledge of irregular facts regarding the provisions of this Law must proceed to submit complaints before the competent administrative or judicial authority.
The Municipalities must proceed within three (3) months following the date this Law becomes effective to issue the Municipal Ordinances and update the other applicable provisions to comply with what is mandated in this Law.
This Decree enters into force as of the day of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Salon of Sessions of the National Congress, on the twenty-first day of the month of July of two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Power. Therefore. Execute. Tegucigalpa, M.D.C., October 13, 2014. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC The Secretary of State in the Offices of Agriculture and Livestock. JACOBO ALBERTO PAZ BODDEN Legislative Power DECREE No. 71-2014 THE NATIONAL CONGRESS CONSIDERING: That our Constitution of the Republic, enshrines in Article 7 that they are National Symbols, The Flag, The Coat of Arms and the National Anthem. CONSIDERING: That the interpretation of the National Anthem must be performed with all proper solemnities, as it is an act consecrated to the Nation. CONSIDERING: That when the National Anthem is sung, citizens must show their respect, patriotic love, civic values and the inescapable commitment to defend our Nation and giving this act its solemnity, it is appropriate to perform the official salute with the right hand on the chest and other pertinent acts except when the regulations related to the Armed Forces and National Police apply. THEREFORE, DECREES:
It is an obligation for Hondurans to render the salute with the right hand on the left side of the chest, with the palm facing downward at the height of the heart, simultaneously singing the sacred notes of the National Anthem of Honduras; Hondurans must be in a firm and upright position, whether in public or private ceremonies or in any other act that warrants it, with the exception of the Armed Forces and National Police who are governed by their own regulations.
Disobedience to what is stipulated in the preceding paragraph is considered a serious lack of respect, subject to moral sanction, and as a clear affront to the values of the Nation, as well as a disrespect to the National Symbols such as The Flag, The Coat of Arms, and the National Anthem of Honduras.
This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Salon of Sessions of the National Congress, on the ninth day of the month of September of the year two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT ROMÁN VILLEDA AGUILAR SECRETARY JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY To the Executive Power. Therefore. Execute. Tegucigalpa, M.D.C., October 13, 2014. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC The Secretary of State in the Office of Education MARLON ESCOTO
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