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December 26, 2014In force

Law for the Regulation of the Sale of Agricultural Products of Different Toxicity

Congreso Nacional

  • Decree: 56-2014
  • Published: December 26, 2014
  • Issuing body: Congreso Nacional
  • Gazette: 33,616
  • Category: Health

Summary

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This law regulates the sale of toxic agricultural chemical products (pesticides, insecticides, herbicides) labeled with red, yellow, or blue bands. Only registered establishments can sell them; red-labeled products cannot be sold to people under 21 years old, and sales require buyer registration and intended use documentation. It aims to prevent accidental poisonings and suicides.

Considerations

Whereas the Constitution of the Republic enshrines 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 in descending scale indicate greater risks according to the international toxicity classification of the WHO/FAO, are frequently sold creating possibilities of physiological damage and fatality to persons.

Whereas aluminum phosphide tablets used to protect stored grains against insects or rodents, known as "bean treatment pills" and which come marked with a red label to warn of the highest toxicity, are more frequently used as a means to commit suicide.

Whereas the Agricultural Health Service (Agricultural/SAG) dependent on the Secretariat of State in the Ministries of Agriculture and Livestock (SAG) maintains a registry of establishments or agricultural or agrochemical houses dedicated especially to the sale of agricultural and livestock products; furthermore it generates technical reports and executes training on applications of this type of products.

Whereas the Municipalities in their respective jurisdictions and as determined by the Law of Municipalities have the authority to oversee the regulation and operation of commercial establishments.

Whereas it is the responsibility of the National Congress the constitutional power established in Article 205 Attribution 1, to create, decree, interpret, reform and repeal laws.

Whereas our Constitution of the Republic, enshrines 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 the solemnities proper to it, being an act consecrated to the Homeland.

Whereas when the National Anthem is sung, citizens must show their respect, patriotic love, civic values and inescapable commitment to defend our Homeland and given the solemnity of the act, it is appropriate to render the official salute with the right hand on the chest and other pertinent gestures excepting the regulations related to the Armed Forces and National Police.

Articles

Article 1.-

The provisions of this Law have as their purpose the regulation of retail sales of agricultural products that are labeled with color bands of red, yellow, or blue to indicate the degree of toxicity, according to the classification established by the World Health Organization (WHO) and the Organization for Agriculture and Agriculture, the foregoing 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 developed.

Article 2.-

The products cited in the preceding Article are: pesticides, insecticides, fungicides, fertilizers, herbicides, antiparasitics, or any other substance for agricultural use with toxic contents, and may only be sold at retail by agricultural and agrochemical establishments or stores duly registered in the National Registry of Agricultural Health (SENASA), a department of the State Secretariat of the Offices of Agriculture and Livestock (SAG), and furthermore must have a current operating permit issued by the corresponding Municipality.

Article 3.-

The retail establishment at the moment of making 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, subject to proof of their work in the agricultural field by some association of producers, or by the municipal corporation of each of the respective properties;

  • 2)

    Sell the product in factory packaging duly labeled with warnings containing text and pictograms on use and handling as well as indications in case of poisoning as indicated in the Health Code and the Consumer Protection Law. When exceptionally the product is sold outside its original container, the seller is obligated to package it appropriately by personally affixing the warnings on use and handling and other indications from the manufacturer, as well as from the retail establishment;

  • 3)

    Require identification from the buyer and keep a record of sales made indicating, in addition to the name and identity card, the declaration of the use to be given to the product and the location where it will be used;

  • 4)

    Apply greater rigor in the control of sale of aluminum phosphide tablets in their different brand denominations and which are known as tablets for curing beans;

  • 5)

    Display in visible places of the establishment the sales regulations indicated by this Law; and 6) In establishments where agricultural products are sold, they are obligated to also sell the corresponding antidote for damages that may result from inappropriate use, if it exists.

Article 4.-

The municipal corporations, within the framework of the competencies granted to them by the Constitution of the Republic and the Municipalities Law, have the responsibility to ensure in their respective municipal territories the strict compliance with the provisions of this law and to apply administrative sanctions in case of non-compliance as determined by Municipal Ordinances; with greater severity they shall sanction commercial establishments that are not authorized to sell toxic agricultural products. The proceeds from the fines applied must be deposited in 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 Service of Agricultural Health (SENASA). The authorities or the population, upon becoming aware of irregular acts regarding the provisions of this Law, must proceed to file complaints before the competent administrative or judicial authority.

Article 5.-

The Municipalities must proceed within three (3) months following the effective date of this Law to issue Municipal Ordinances and update the other applicable provisions to comply with what is mandated in this Law. LIC. MARTHA ALICIA GARCÍA General Director JORGE ALBERTO BICO SALINAS Coordinator and Supervisor Colonia Hiroshima Telephone: 2230-5687 2230-4265 Administration: 2230-5025 Faxes: 2230-5787 GOVERNMENT CIVIC CENTER

Article 6.-

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 Session Hall of the National Congress, on the twenty-fourth day of the month of July, two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch. 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 Branch DECREE No. 71-2014 THE NATIONAL CONGRESS WHEREAS: Our Constitution of the Republic, enshrines 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 carried out with all the solemnities thereof, as it is 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 given the solemnity of the act, it is appropriate to make the official salute with the right hand on the chest and other pertinent gestures, excepting the regulations related to the Armed Forces and National Police. THEREFORE, IT DECREES:

Article 1.-

It is an obligation for Hondurans to render the salute with the right hand over the left side of the chest, with the palm facing downward at the height of the heart, while solemnly singing the sacred notes of the National Anthem of Honduras; Hondurans must be in a firm and upright position, whether in public ceremonies, private ceremonies, or in any other act that warrants it, with the exception of the Armed Forces and National Police who shall be governed by their own regulations.

Article 2.-

Disobedience to what is stipulated in the preceding paragraph is considered a grave lack of respect, of moral sanction, and as a clear offense against the values of the Nation, in addition to an insult to the National Symbols such as The Flag, The Coat of Arms, and the National Anthem of Honduras.

Article 3.-

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 Session Hall 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 Branch. 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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Notes

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