Decree 37-2016 Reform to the Law for Protection of Coffee Growing Activity

Reform Articles 1, 2, 3, 4, 5, 6, 7, and 8 of Decree No. 199-95 containing the LAW OF PROTECTION TO COFFEE GROWING ACTIVITY, which shall henceforth be called the "LAW OF PROTECTION TO COFFEE GROWING AND CACAO GROWING ACTIVITY", which shall read as follows:

Lands on national property, ejidal lands, and privately owned lands dedicated to the cultivation of coffee or cacao shall be declared exempt for purposes of agrarian reform, in any region of the country and regardless of their intended use".

Coffee or cacao producing crops located on national or ejidal lands have the right to request and obtain full title of domain through the National Agrarian Institute (INA) by meeting the requirements established in this Law".

All individual or collective coffee growing or cacao growing enterprises, whether Honduran by birth or corporations constituted entirely by persons Honduran by birth, shall enjoy the rights established in this Law".

Properties dedicated to the cultivation of coffee or cacao are not subject to expropriation regardless of their location, size, intended use, and condition, whether on national lands, ejidal lands, or private property. With respect to coffee or cacao cultivation, no maximum or minimum limit shall be imposed on the productive unit that would allow it to be classified as a latifundio or minifundio in accordance with Articles 25 of the Agrarian Reform Law and 34 of the Law for Modernization and Development of the Agricultural Sector".

For the purposes of this Law, it shall be considered that coffee or cacao crops exist when it is proven that work activities aimed at cultivation and production have been initiated, whether on a small or large scale".

Possessors or occupants of national, ejidal, urban or rural properties cultivated with coffee or cacao may request from the National Agrarian Institute (INA) that they be granted full title of domain, demonstrating their status as coffee growers or cacao growers. The area of cultivated coffee or cacao lands whose full title of domain allocation is requested may be less than one (1) hectare but not greater than two hundred (200) hectares and shall be regulated in accordance with the provisions of the reformed Article 15 of the Law for Modernization and Development of the Agricultural Sector".

The natural or legal person requesting the allocation in full title of domain of a coffee or cacao cultivated property that they possess or occupy shall present a request to the National Agrarian Institute (INA), meeting the following requirements:

• a)

  Name, corporate name or company denomination …;

• b)

  Description of the property …;

• c)

  Date on which they began …;

• ch)

  Declaration that the property …;

• d)

  Area used in the cultivation or exploitation of coffee or cacao, as well as the ancillary area for other crops necessary for the coffee or cacao producing unit;

• e)

  Areas that temporarily …;

• f)

  Exact address of the applicant …; and,

• g)

  Payment term requested, … The request may be made …

The request referred to in the preceding Article must be accompanied by the applicant's birth certificate or identity card, or a copy of the articles of incorporation of the corporation, cooperative, or associative enterprise, or any other document that may justify the associative possession of the land. If they lack documents, the testimony of three (3) witnesses, honorable residents of the place where the coffee or cacao cultivated properties are located, shall be required".