reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981r - General tax exemptions

Exempt from the payment of all kinds of commonwealth and municipal taxes or imposts shall be:
(1) The property belonging to or held by the Company or its subsidiaries.
(2) The activities thereof in the operation or maintenance of any of their undertakings.
History —June 21, 1966, No. 90, p. 288, § 19.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981s - Bonds or obligations; income

The Puerto Rico Commonwealth Government does hereby pledge to and agree with, any person, federal or commonwealth agency, subscribing to or acquiring bonds or other obligations of the Company, that it will not alienate, limit or restrict the property, income, rentals, rights or powers hereby vested in the Company until all such bonds or other obligations at any time issued, together with the interest thereon, are fully met and discharged.
History —June 21, 1966, No. 90, p. 288, § 20.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981t - Injunction

No injunction shall be issued to prevent the application of this chapter or any part hereof.
History —June 21, 1966, No. 90, p. 288, § 21.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981u - Reports

The Company shall submit to the Legislature and to the Governor of the Commonwealth of Puerto Rico, after the close of each fiscal year:
(1) A financial statement.
(2) A report on the transactions of the Company during the preceding fiscal year.
(3) A report on the status and progress of all its undertakings and activities since the creation of the Company or since the date of the last of these reports.
History —June 21, 1966, No. 90, p. 288, § 22.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981v - Construction with other laws

Where the provisions of any other act of the Legislature are in conflict herewith, the provisions of this chapter shall be controlling. No law governing the administration of the Commonwealth or its instrumentalities or political subdivisions shall be applicable to the Company unless so specifically provided.
History —June 21, 1966, No. 90, p. 288, § 23.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981w - Transfers—Funds by acts and resolutions

There are hereby transferred to the Company the funds and obligations held by the Cooperative Development Administration under Joint Resolution No. 83 of June 15, 1962, Joint Resolution No. 88 of June 19, 1964, Act No. 44 of June 5, 1963, Joint Resolution No. 40 of April 22, 1964, Joint Resolution No. 102 of June 26, 1963, Joint Resolution No. 58 of May 21, 1964, and Joint Resolution No. 22 of May 13, 1965. The funds so transferred shall be used in the development of the Company’s programs and the amounts recovered shall be covered into the general funds of the Company for use in the general development of its programs.
The contracts executed by the Administration and the cooperatives, involving funds appropriated by the aforesaid laws, shall continue in force with the Company created by this chapter. The powers vested by said laws in the Administration are hereby fully transferred to the Company. The Administrator is hereby empowered to transfer to the Company the sums, personnel, operating funds, equipment, vehicles, machinery, inventory, and other facilities assigned by said laws to the Administration for use as provided by the standards and the first paragraph of this section. The funds for incentives provided in Act No. 44 of June of 1963, Joint Resolution No. 40 of April of 1964 and Joint Resolution No. 22 of May of 1965, shall be withheld by the Administration in its Education, Promotion and Research Revolving Fund.
The personnel transferred to the Company under this section shall continue to have all rights, privileges, duties and status with respect to any pension, retirement, insurance or savings and loan fund system with which they may be affiliated at the time of the transfer.
History —June 21, 1966, No. 90, p. 288, § 24.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981x - Transfers—Assets, liabilities and reserves of Cooperatives Bank

(a) There are hereby transferred and turned over to the Company all the resources, assets, liabilities and reserves of the Cooperatives Bank on the date this act takes effect.
(b) All assets of the Cooperatives Bank shall pass to be property of the Company. All obligations of the Bank shall be assumed by the Company.
(c) The Company shall be the successor of the Cooperatives Bank for all purposes, including collection and payment of debts and obligations according to the terms thereof.
(d) The Cooperatives Bank shall transfer to the Company the capital contributed by the Commonwealth through legislative appropriations.
The Company may convey to the Administration all office equipment and rolling stock transferred to the Company from the Cooperatives Bank and which is not needed by the former.
History —June 21, 1966, No. 90, p. 288, § 25.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 36 - Cooperative Development Company (§§ 981 — 981y) › § 981y - Assistance from Cooperative Development Administrator

The Cooperative Development Administrator is hereby authorized to provide to the Company equipment, office quarters, technical and professional personnel, and any help or service deemed necessary for the efficient operation of the Company.
History —June 21, 1966, No. 90, p. 288, § 28.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1001 - Short title

This chapter may be cited as the “Pesticide Act of Puerto Rico”.
History —June 10, 1953, No. 49, p. 120, § 1; Oct. 30, 1975, No. 16, p. 804, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1003 - Prohibitions

The following acts are hereby prohibited:
(a) The introduction, use, storage, distribution, sale or offer to send, receive, deliver or offer to deliver or transport any pesticide or device:
(1) That is not registered in the Department of Agriculture of Puerto Rico.
(2) That is adulterated or mislabeled.
(3) Whose label differs from the label under which it was registered in the Department of Agriculture of Puerto Rico.
(4) Whose container has lost its effectiveness to prevent the escape of the product, or whose container fails to meet the requirements of this chapter or the regulations promulgated thereunder, or the federal laws and regulations.
(b) The use or application of any pesticide or device in ways that do not comply with the instructions for its use which appear on its label.
(c) The introduction, distribution, sale and use of any pesticide that lacks federal registration, that does not meet the requirements for exemption established in this chapter or its regulations or the corresponding federal law on pesticides or its regulations.
History —June 10, 1953, No. 49, p. 120, § 3; July 20, 1979, No. 138, p. 326, § 2; Aug. 21, 1999, No. 278, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1004 - Promulgation of regulations

The Secretary is hereby empowered to draft, promulgate, amend and annul regulations, orders, rules, and directives of a general or specific nature needed to achieve the purposes of this chapter, as well as to prohibit, condition and control the sale, purchase, import, transportation, storage, manufacture, use and application of pesticides that might cause noxious effects on man or the environment in Puerto Rico.
Whenever any regulation or amendment to a regulation promulgated by the Secretary requires that persons already engaged in the regulated activities provide themselves with additional equipment or facilities, the Secretary shall grant a term of ninety days from and after the effective date of such regulation or amendment for such persons to comply with the provisions of said regulation.
History —June 10, 1953, No. 49, p. 120, § 4; June 26, 1965, No. 100, p. 246, § 3; Aug. 21, 1999, No. 278, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1005a - Plan of certification of appliers

The Department of Agriculture is hereby authorized to administer and enforce compliance in Puerto Rico with the plan to certify pesticide appliers that it adopts by virtue of the provisions of this chapter and of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended.
To adopt said plan, the Secretary is empowered to:
(a) Establish standards for the certification of pesticide appliers by type of certificate, categories and subcategories.
(b) Require that the persons who apply to operate as pesticide appliers pass written and/or practical oral examinations in the use and handling of pesticides in order to determine their aptitude and capability to operate as such.
(c) Certify pesticide appliers as commercial appliers under a category, or as private appliers, according to the type of activity they perform, and issue the corresponding certification after they have met the requirements established in this chapter and the regulations promulgated by virtue thereof.
(d) Refuse to certify any applicant as a pesticides applier who fails to fulfill, to the satisfaction of the Secretary, the practical requirements on the use and handling of pesticides in order to determine their aptitude or capability to operate as such.
(e) Deny, suspend, or revoke the certification granted to any applier pursuant to the procedure established in § 1005b of this title, when:
(1) The applicator has used a pesticide the registration of which has been denied, revoked or suspended by the Secretary or by the United States Environmental Protection Agency.
(2) The applier is operating under a type of certification, category or subcategory [for] which he/she has not been certified by the Secretary.
(3) The applier has been convicted of any violation of this chapter or of the said Federal Insecticide, Fungicide and Rodenticide Act.
(4) The applicator is using a pesticide for a use not approved or allowed by the Secretary or by the United States Environmental Protection Agency.
(5) The applier does not keep or maintain the records required under this chapter.
(6) The applier has made some false or deceitful statement in the records that he shall keep or maintain under subsection (f) of this section.
(7) The applier has submitted false or fraudulent information in an application to obtain or renew a certification to operate as pesticide applier.
(f) Require that every pesticide applier keep or maintain records regarding, among other things, the classes, amounts, application doses, dates and places where such pesticides are applied.
(g) Conduct programs for training and certifying pesticide appliers.
(h) Require that every pesticide applier immediately report to the Department of Agriculture immediately after any accident that occurs which involves any pesticide under his responsibility.
History —June 10, 1953, No. 49, p. 120, added as § 5-A on Apr. 13, 1955, No. 15, p. 60, § 3; Oct. 30, 1975, No. 16, p. 804, § 4; Apr. 29, 1976, No. 25, p. 61, § 1; Aug. 21, 1999, No. 278, § 5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1005b - Administrative hearings; review of decisions

It shall be the duty of the Secretary to hear at an administrative hearing any party aggrieved by a refusal to have a license, certification or registration issued under this chapter, provided said party so requests within the thirty (30) days following the date on which the notice of such determination is mailed.
It shall also be the duty of the Secretary to hold administrative hearings to give the aggrieved party the opportunity of being heard before suspending or canceling any license, certification or registration.
The validity of any determination of the Secretary may be challenged by any aggrieved party after said administrative hearings have been held. The challenge may be made through a petition for review before the Court of First Instance within the fifteen (15) days following the official notice thereof, said date being understood to be the date the notice was remitted by certified mail to the aggrieved party or his/her attorney. Said review shall be limited to questions of law, and the findings of fact of the Secretary, supported by substantial evidence in the record, shall be conclusive. The party aggrieved by the decision of the Court of First Instance may file a petition for review thereof through a writ of certiorari issued by the Supreme Court of Puerto Rico within twenty (20) days after the decision was notified. The Supreme Court may issue the writ if it deems the petition meritorious, but in no case shall it suspend the effects of the decision of the Court of First Instance until the review is resolved.
History —June 10, 1953, No. 49, p. 120, added as § 5-A [second] on June 26, 1965, No. 100, p. 246, § 4; renumbered as § 5-B and amended on Oct. 30, 1975, No. 16, p. 804, § 5; Aug. 21, 1999, No. 278, § 6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1005c - Experimental uses of pesticides; permits

The Department of Agriculture is hereby authorized to require the notification, and establish requirements for overseeing or monitoring and notification of the permit for the application of pesticides in Puerto Rico under a federal permit for the experimental use of pesticides, as well as to administer and enforce the plan for issuing permits for the experimental uses of pesticides adopted by virtue of the provisions of this chapter and of the Federal Insecticide, Fungicide and Rodenticide Act. To adopt and put said plan into effect, the Secretary is hereby empowered to:
(1) Issue permits for experimental uses of pesticides for the purpose of gathering data and information necessary to register said pesticides under the provisions of this chapter.
(2) Refuse to issue permits for experimental uses of pesticides when it be determined that the applying of said pesticides, under the terms and conditions proposed in the application, may cause adverse effects in the environment.
(3) Prescribe the terms and conditions, as well as the period of effectiveness, of a permit for experimental use that may be issued under this chapter.
(4) Revoke or cancel any permit issued for experimental use of pesticides at any time it is determined that the terms and conditions thereof are being violated or that its terms and conditions are inadequate to avoid adverse effects in the environment.
History —June 10, 1953, No. 49, p. 120, added as § 5-C on Oct. 30, 1975, No. 16, p. 804, § 6; Aug. 21, 1999, No. 278, § 7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1005d - Permissible exemption or dispensation

The Secretary is hereby empowered to petition the Federal Environmental Protection Agency for any exemption or dispensation allowable under the Federal Insecticides, Fungicides and Rodenticides Act (FIFRA) as amended, included under §§ 18 and 24(C) of said federal act.
The Secretary shall determine, through regulations, the requirements for said dispensations and may establish the agreements, working committees, requirements for data and information, etc., and standards that he/she may deem necessary, including the notification and requirements regarding any type of experiment that is performed in Puerto Rico.
The Secretary is hereby empowered to issue emergency exemptions pursuant to the provisions of § 18 of the abovementioned federal law, as well as of this chapter, after obtaining said authorization from the Federal Environmental Protection Agency. The granting of said registries shall comply with the terms and conditions of said authorization and any other rule or regulation promulgated under federal jurisdiction.
History —June 10, 1953, No. 49 p. 120, added as § 5-D on Aug. 21, 1999, No. 278, § 8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1006 - Additional powers of Secretary

The Secretary is hereby empowered to:
(a) Perform all the functions and take any steps needed to regulate and inspect the pesticides and devices manufactured, distributed, sold, transported into, or used in Puerto Rico.
(b) To appoint officials and employees and vest them with such powers, and impose on them such duties as may be necessary for the enforcement of this chapter.
(c) To do all things necessary to achieve the purposes of this chapter.
History —June 10, 1953, No. 49, p. 120, § 6; Aug. 21, 1999, No. 278, § 9.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1007 - Cooperation with other agencies

The Secretary is hereby authorized and empowered to enter into agreements with persons, agencies or instrumentalities of the federal, Commonwealth or municipal government, for the purpose of complying with and enforcing the provisions of this chapter.
History —June 10, 1953, No. 49, p. 120, § 7; Oct. 30, 1975, No. 16, p. 804, § 7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1008 - Effectiveness and regulations

The regulations promulgated by the Secretary under the authority conferred by this chapter, shall have the force of law once the requirements established in §§ 2101 et seq. of Title 3, have been met.
Whenever any regulation or amendment to the regulations promulgated by the Secretary requires that those persons already engaged in the regulated activities acquire additional equipment or facilities, the Secretary shall grant a term of ninety (90) days as of the date of effectiveness of the regulations or the amendment to the corresponding regulation for said persons to comply with the provisions of said regulations.
History —June 10, 1953, No. 49, p. 120, § 8; June 5, 1973, No. 91, p. 386, § 3; Aug. 21, 1999, No. 278, § 10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1009 - Access to establishments and records

In order to put into effect this chapter and the regulations promulgated by virtue thereof, the Secretary or his/her duly identified representatives [are] hereby invested with the power to enter any building, store, warehouse, ship or vehicle where pesticides or devices are manufactured, bottled, packed, repacked, transported, stored, or offered for sale. They may obtain samples for analysis or testing from any lot, container, package, case or receptacle that contains, or is suspected to contain a pesticide. The Secretary or his/her representative may, likewise, have access to and copy all information regarding the deliveries, transactions and movement or retention of pesticides and devices.
Likewise, the Secretary, or his/her representative, is hereby empowered to enter any establishment or place where pesticides are being applied to verify that they are being used according to the provisions of this chapter and the regulations promulgated by virtue thereof.
In order to enforce compliance with the provisions of this chapter and the regulations promulgated by virtue thereof, or when there is reason to believe that its provisions are being violated, the Secretary is hereby empowered to resort to any competent court of justice to obtain search warrants so as to be able to enter any of the establishments or places mentioned herein and perform the inspections authorized in this section, as well as to copy all information related to the deliveries, transactions, and movement or retention of pesticides or devices.
It shall be the obligation of every manufacturer, distributor, vendor, importer, or any other person engaged in the sale or distribution of pesticides in Puerto Rico to allow that samples be taken in their respective establishments by any authorized representative of the Department.
The Secretary shall regulate, among other things, the amount of the product that shall be taken as an official sample and how to identify the same. If the owner, operator, agent or representative in charge of the place at the time it is being inspected, the authorized inspector or authorized official of the Department shall advise him/her of the intention to conduct an inspection and/or take samples, shall inform the latter of the reason for said inspection and shall provide him or her with a written notice of said inspection. Upon being so notified no person shall prevent the authorized representative of the Department to conduct or perform said inspection and/or the taking of samples.
History —June 10, 1953, No. 49, p. 120, § 9; June 5, 1973, No. 91, p. 386, § 4; Oct. 30, 1975, No. 16, p. 804, § 8; Apr. 29, 1976, No. 25, p. 61, § 2; Aug. 21, 1999, No. 278, § 11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1010 - Removal order; penalties

The Secretary may issue a removal order against any pesticide or device that, in his judgment, is being distributed in violation of any of the provisions of this chapter or the regulations promulgated thereunder. It is hereby prohibited to distribute or in any way dispose of a lot of pesticides or devices thus removed from sale without the prior written authorization of the Secretary or of a competent court of justice. Any person who distributes or otherwise disposes of a lot of pesticides thus removed without the prior written authorization of the Secretary or a competent court of justice, shall incur a misdemeanor and upon conviction, shall be punished with the penalty of imprisonment not [to] exceed ninety (90) days, or a maximum fine of five thousand dollars ($5000), or both penalties at the discretion of the court.
The Secretary may suspend the removal order against a lot of pesticides or devices when the violations have been corrected to his satisfaction within a term of forty-five (45) days from the date the removal order was issued. When the violations are not corrected within that period the lot of pesticides or devices shall be remov[ed], subject to destruction, or dispos[ed of] in any manner provided by a competent court of justice at the request of the Secretary. The distributor of the product may appeal the decision of the Secretary within forty-five (45) days of the notice for the destruction or other manner of disposal. Should the Secretary fail to accede to the petition of the distributor, the latter may appeal to a competent court of justice within thirty (30) days from the date the notice of denial of the Secretary was issued.
History —June 10, 1953, No. 49, p. 120, § 10; July 12, 1986, No. 132, p. 415, § 4; Aug. 21, 1999, No. 278, § 12.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1011 - Denial, suspension or cancellation of registration, license or permit

In addition to what has been previously provided in this chapter, the Secretary of Agriculture, subject to the procedure provided by § 1005b of this title, may deny, suspend, or cancel any registration, license, certification or permit granted under the authority of this statute for any of the following reasons:
(1) To have been guilty of any violation of any provision of this chapter or the regulations promulgated under it.
(2) Failure to pay any administrative fine imposed for a violation of any provision of this chapter or the regulations promulgated under it, within the thirty (30) days following the date of imposition.
(3) For not having rendered the biannual sales report of pesticides and devices required under the authority of § 1005(p) of this title, within the term established by this chapter.
(4) For having made any false or misleading statement in any biannual sales report required under authority of this chapter.
(5) Submitting any false or misleading information in any application for registry, license, certification or permit filed under the authority of this chapter.
(6) When the person does not comply with the regulations promulgated by virtue of this chapter, and when said person or his/her employee, by force, holds up, resists, opposes and impedes, interferes, obstructs or disturbs an official while engaged in the performance of his official duties under this chapter.
History —June 10, 1953, No. 49, p. 120, § 11; July 12, 1986, No. 132, p. 415, § 5; Aug. 21, 1999, No. 278, § 13.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1012 - Penalties

Any person who fails to comply with any or all of the provisions of this chapter or of the regulations promulgated by the Secretary hereunder shall be charged with a misdemeanor and shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for the first offense; and for each subsequent offense shall be punished by a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), or by imprisonment in jail for not less than thirty (30) days nor more than six (6) months, or by both penalties, in the discretion of the court.
After holding the proper administrative hearing to give the affected person opportunity to be heard, the Secretary is empowered to impose administrative fines up to an amount of two hundred fifty dollars ($250) for the first time and up to five hundred dollars ($500) for any subsequent violation, when it is found that the provisions of this chapter or of the regulations promulgated hereunder have not been complied with. It shall be discretional on the Secretary to determine whether the offender shall be prosecuted administratively or judicially.
History —June 10, 1953, No. 49, p. 120, § 12; Oct. 30, 1975, No. 16, p. 804, § 9.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 37 - Pesticides (§§ 1001 — 1014) › § 1013 - Penalties for revealing formula

Any natural or juridical person who, with fraudulent intention, uses or reveals the information regarding the formulas of products acquired under the authority of this chapter, shall be guilty of a misdemeanor, and upon conviction, shall be punished with a fine of not less than three hundred dollars ($300), nor of more than seven hundred dollars ($700), for the first infraction; and for every subsequent infraction, shall be punished with a fine of not less than five hundred dollars ($500), nor of more than one thousand dollars ($1,000), or for a term of imprisonment not less than thirty (30) days nor of more than six (6) months, or both penalties at the discretion of the court.
History —June 10, 1953, No. 49, p. 120, added as § 12-A on Apr. 13, 1955, No. 15, p. 60, § 4; Aug. 21, 1999, No. 278, § 15.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1017 - Definitions

As used in this Compact, unless the context clearly requires a different construction:
(a) State. — Means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) Requesting state. — Means a state which invokes the procedures of the Compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.
(c) Responding state. — Means a state requested to undertake or intensify the measures referred in subsection (b) of this section.
(d) Pest. — Means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses, or other plants of substantial value.
(e) Insurance Fund. — Means the Pest Control Insurance Fund established pursuant to this Compact.
(f) Governing Board. — Means the administrators of this Compact representing all of the party states, when such administrators are acting as a body in pursuance of authority vested in them by this Compact.
(g) Executive Committee. — Means the committee established pursuant to § 1020 of this title.
History —Jan. 20, 2010, No. 10, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1018 - Insurance Fund

There is hereby established a Pest Control Insurance Fund for the purpose of financing, other than normal pest control operations, which states may be called upon to engage in pursuant to this Compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this Compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the Insurance Fund shall not accept any donation or grant whose terms are inconsistent with any provision of this Compact.
History —Jan. 20, 2010, No. 10, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1020 - Compact and Insurance Fund administration

(a) In each party state there shall be a Compact Administrator, who shall be selected and serve in such manner as the laws of the state may provide.
The Administrator shall:
(1) Assist in the coordination of activities pursuant to the Compact in the state, and
(2) represent that state on the Governing Board of the Insurance Fund.
(b) If the laws of the United States specifically so provide, or if administrative provision is made therefore within the federal government, the United States may be represented on the Governing Board of the Insurance Fund, by not more than three representatives. Any representative or representatives of the United States shall be appointed and serve in such manner as may be provided by federal law, but may not vote on the Governing Board or the Executive Committee.
(c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the Compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairperson, the Executive Committee, or a majority of the membership of the Governing Board.
(d) At its meetings, the Governing Board shall pass upon applications for assistance from the Insurance Fund and shall authorize disbursements from the fund. When the Governing Board is not in session, the Executive Committee shall act as agent of the Governing Board, and have full authority to act for it in passing upon applications.
(e) The Executive Committee shall be composed of the chairperson of the Governing Board and four additional members of the Governing Board chosen by it, so that one member shall represent each of four geographic groupings of party states. The Governing Board shall make such geographic groupings, if there is representation of the United States on the Governing Board, one representative may meet with the Executive Committee. The chair of the Governing Board shall be the chairperson of the Executive Committee. Action of the Executive Committee is not binding unless taken at a meeting at which at least four members are present and vote in favor of the action. Necessary expenses of each of the five members of the Executive Committee incurred in attending Committee meetings, when not held at the same time and place as a meeting of the Governing Board, shall be charged against the Insurance Fund.
History —Jan. 20, 2010, No. 10, § 5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1022 - Advisory and technical committees

The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it regarding its functions. Any advisory or technical committee may meet with, and participate in its deliberations, upon request of the Governing Board or Executive Committee. An advisory or technical committee may furnish information and recommendations concerning an application for assistance from the Insurance Fund being considered by the Board or Committee. However, a participant in a meeting of the Governing Board or Executive Committee held pursuant to § 1021(d) of this title is entitled to know, at the time of the meeting, the substance of such information and recommendations that are made prior to or as part of the meeting or if made after the meeting, not later than the time at which the Governing Board or Executive Committee makes its disposition of the application.
History —Jan. 20, 2010, No. 10, § 7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1023 - Relations with nonparty jurisdictions

(a) A party state may apply for assistance from the Insurance Fund regarding a pest in a nonparty state. The application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this section.
(b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to § 1021(d) of this title, a nonparty state is entitled to appear, participate, and receive information only to the extent as the Governing Board or Executive Committee provides. A nonparty may not review any determination made by the Executive Committee.
(c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states, as a whole justify the expenditures. The Governing Board or Executive Committee may set any conditions that it deems appropriate regarding the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into any agreements with nonparty states and other jurisdictions or entities as it deems necessary or appropriate to protect the interests of the Insurance Fund, with respect to expenditures and activities outside of party states.
History —Jan. 20, 2010, No. 10, § 8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1025 - Entry into force and withdrawal

(a) This Compact shall enter into force when enacted into law by any five or more states. Thereafter, this Compact shall become effective for any other state upon its enactment by that state.
(b) Any party state may withdraw from this Compact by enacting a statute repealing the Compact, but a withdrawal does not take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. A withdrawal does not affect any liability already incurred by or chargeable to a party state before the time of its withdrawal.
History —Jan. 20, 2010, No. 10, § 10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 38 - Puerto Rico Pest Control Compact (§§ 1017 — 1026) › § 1026 - Construction and severability

This Compact shall be liberally construed so as to effectuate its purposes. The provisions of this Compact are severable and if any phrase, clause, sentence, or provision is declared to be contrary to the Constitution of any state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected. If this Compact is held contrary to the Constitution of any state participating herein, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect, as to the state affected as to all severable matters.
The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions, legally joining in the form substantially as follows:
(1) Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the Insurance Fund established by the Pest Control Compact.
(2) Pursuant to § 1019(h) of this title, copies of bylaws and amendments shall be filed with the Secretary of the Department of Agriculture of Puerto Rico.
(3) The Compact administrator for this state shall be the Secretary of Agriculture.
(4) Within the meaning of § 1021(b) or § 1023(a) of this title, a request or application for assistance from the Insurance Fund may be made by Secretary of the Department of Agriculture of Puerto Rico.
(5) The department, agency, or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the Compact shall have credited to his account, in the State Treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof.
(6) As used in this Compact, with reference to this state, the term “executive head” shall mean the Governor.
History —Jan. 20, 2010, No. 10, § 11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 39 - Farmers’ Institutes and Study Tours (§§ 1041 — 1043) › § 1041 - Authority to organize and carry out institutes and tours

The Secretary of Agriculture is hereby empowered to organize and carry out farmers’ institutes and observation and study tours to the United States and other countries.
History —June 18, 1956, No. 60, p. 180, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 39 - Farmers’ Institutes and Study Tours (§§ 1041 — 1043) › § 1042 - Rules governing institutes and tours; selection of participants

The Secretary of Agriculture is hereby authorized to set up such rules as he may deem necessary for governing said farmers’ institutes and farmers’ tours to the United States and other countries; and he is likewise empowered to select the farmers who are to participate in the institutes and in the tours to the United States and other countries.
History —June 18, 1956, No. 60, p. 180, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 39 - Farmers’ Institutes and Study Tours (§§ 1041 — 1043) › § 1043 - Expenses of participants

The Secretary of Agriculture may pay all or part of the expenses incurred by all or several of the farmers participating in the institutes and in the tours to the United States and other countries; and he is hereby empowered to determine what portion of the travel expenses should, in his discretion, be paid to each farmer.
History —June 18, 1956, No. 60, p. 180, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1092 - Definitions

The following terms have the meaning hereinbelow expressed:
(a) Secretary. — The Secretary of Agriculture.
(b) Administrator. — The Milk Industry Regulation Administrator.
(c) Office. — The Office of the Milk Industry Regulation Administrator.
(d) Person. — Any individual, corporation, association, cooperative, partnership, or any other type of legal organization.
(e) Producer. — Any person who is owner, administrator, or in charge of dairies.
(f) Processor. — Any person who is owner, administrator, or in charge of a milk pasteurizing and homogenizing establishment.
(g) Sterilizer. — Any person who is owner, administrator, or in charge of a milk sterilizing establishment.
(h) Fresh milk. — Milk in its natural state, pasteurized and homogenized, which is sold for direct consumption to the public.
(i) Milk surplus. — Milk produced in excess of fresh milk market requirements, used to manufacture milk byproducts, or for canning condensed, evaporated, powdered, or otherwise.
(j) Distribution level. — Means of distribution; any processor, agent or retailer who sells fresh milk.
(k) Agent. — The natural or juridical person who, after being granted a license by the Administrator, sells fresh milk from a processor to retailers and consumers.
(l) Fluid milk. — Milk in its liquid state whether raw, pasteurized and homogenized, Ultra Pasteurized and Aseptic Milk (UHT Milk, for its English acronym) or processed in such a manner that its by-product maintains a liquid state, that is sold in different types, formulas or categories for direct consumption by the public.
(m) Ultra Pasteurized and Aseptic Milk (UHT Milk, for its English acronym). — Denomination of milk that has been pasteurized through an aseptic chemical process at temperatures of at least two hundred and eighty degrees (280°) Fahrenheit followed by flash cooling. This milk is sold to consumers in containers that do not require refrigeration while they remain unopened.
History —June 11, 1957, No. 34, p. 67, § 1; July 20, 1979, No. 127, p. 306, § 1; Dec. 14, 2007, No. 209, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1093 - Creation of Office and appointment of Administrator

The Secretary is empowered to appoint in his Department, with the approval of the Governor and regardless of the provisions of Act No. 345, approved May 12, 1947, as amended, a Milk Industry Regulation Administrator, who may be removed by the Secretary with the approval of the Governor.
History —June 11, 1957, No. 34, p. 67, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1094 - Investigating powers

(a) In the discharge of the duties imposed by §§ 1092—1118 of this title and in the exercise of the powers hereby conferred upon him, the Administrator may subpoena witnesses and compel the presentation of economic data or information deemed necessary by him for the administration of such sections; he may also adopt the rules of procedure he deems necessary to regulate the procedures to be followed for all petitions or claims filed in the Office, as well as for any administrative hearing that for any reason he may call.
(b) The Administrator or his duly authorized agent may administer oaths and receive testimony, data or information.
(c) If a subpoena issued by the Administrator is not duly obeyed, he may petition the Court of First Instance of Puerto Rico for an order commanding obedience. The Court of First Instance shall give preference to the processing and dispatch of such petition and shall have power to issue orders compelling the appearance of witnesses or the presentment of any data or information previously required by the Administrator. The Court of First Instance shall have power to punish as a contempt disobedience of these orders.
(d) No natural person shall refuse to obey a subpoena from the Administrator or a judicial order so issued under plea that the testimony, data or information sought from him may incriminate him or put him in jeopardy of a penalty, but such person may not be criminally prosecuted with respect to any transaction, matter or thing in connection with which he has given testimony or produced data or information.
(e) Any natural person committing perjury while testifying before the Administrator or his duly authorized agent may be prosecuted and punished according to the laws of Puerto Rico.
History —June 11, 1957, No. 34, p. 67, § 3; July 20, 1979, No. 127, p. 306, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1095 - Duties of Administrator and Government cooperation

(a) It shall be the duty of the Administrator, in addition to other duties assigned to him in §§ 1092—1118 of this title, to study the conditions of the milk industry in Puerto Rico; hold at least one meeting a year with producers, processors and consumers for investigative purposes, to hear their opinions, points of view and ideas with respect to the milk industry; and take adequate measures to regulate said industry in the degree required, with the approval of the Secretary, so that the purposes and aims of said sections are fulfilled.
(b) All departments, agencies, corporations, authorities, offices, and political subdivisions of the Commonwealth shall furnish the Administrator, free of any charge, expense or fee whatsoever, any official information, copy of book, pamphlet or publication, certified copy of documents, statistics, compilation of data and records, requested of them for official use of the Office.
History —June 11, 1957, No. 34, p. 67, § 4; July 20, 1979, No. 127, p. 306, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1098 - Advisory Board

(a) The Secretary shall appoint [an Advisory] Board that will be integrated by two (2) representatives of the public interest, one representative of the producers, one representative of the manufacturers and one representative of the retail sector.
(b) The Advisory Board’s function shall be that of advising the Secretary and the Administrator on the administration of §§ 1092-1118 of this title.
(c) The Chairman of the Advisory Board shall convoke the members of the Advisory Board to meet every three (3) months. Said meetings shall have the material and logistic support of the Milk Industry Regulation Office. Notwithstanding the above, the Secretary, the Administrator, or the Chairman of the Advisory Board may convoke meetings, when in their judgment, the same are necessary to address any situation pertinent to the milk industry.
(d) Each of the members of the Advisory Board shall receive [a] per diem equal to seventy-five dollars ($75) for each day of service up to a maximum of three hundred dollars ($300) each year, for a total of one thousand five hundred dollars ($1,500) a year. Provided, That should it be necessary to hold any special meeting, the payment of per diems shall be made by the Milk Industry Development Fund.
(e) The appointment of the members of the Advisory Board shall be made within fifteen (15) days following the effective date of this act.
History —June 11, 1957, No. 34, p. 67, § 7; June 27, 1993, No. 19, § 1; July 18, 1998, No. 136, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 41 - Regulation of Milk Industry (§§ 1081 — 1125a) › § 1100 - Internal procedure and bylaws of Boards

(a) Except as provided in subsection (e) of § 1099 of this title, the Advisory Board and the Administrative Board of the Milk Industry Development Fund shall have power to approve their own bylaws and establish the necessary internal procedure for their proper functioning.
(b) The Secretary shall appoint the chairman of the Advisory Board mentioned in the previous subdivision from among the members designated to form part thereof.
History —June 11, 1957, No. 34, p. 67, § 9; June 28, 1961, No. 131, p. 380, § 1.