reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43 - Legal Assistance to Low-Income Farmers (§§ 1151 — 1154) › § 1153 - Rules and regulations

The Secretary of Agriculture is hereby empowered to prescribe rules and regulations to carry out the purposes of §§ 1151—1153 of this title, which rules and regulations shall have the force of law once the requirements established in §§ 1041—1059 of Title 3 are complied with.
History —July 13, 1960, No. 123, p. 346, § 3, retroactive to July 1, 1960.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43 - Legal Assistance to Low-Income Farmers (§§ 1151 — 1154) › § 1154 - Costs

The judicial proceedings had under §§ 1151—1154 of this title shall be free of costs.
History —July 13, 1960, No. 123, p. 346, § 4, retroactive to July 1, 1960.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43A - Bill of Rights and Duties of Farmers (§§ 1155 — 1157) › § 1155 - Definitions

The terms used in this chapter shall have the meaning stated below:
(a) Bill. — Means the “Bill of Rights and Duties of Farmers in Puerto Rico”, established in this chapter.
(b) Domestic products. — Means products grown in Puerto Rico.
(c) Department. — Means the Department of Agriculture of Puerto Rico.
(d) Secretary. — Means the Secretary of the Department of Agriculture of Puerto Rico.
(e) Providers. — Any person or entity authorized by the laws of Puerto Rico to render or provide services concerning agriculture and related areas in the Commonwealth of Puerto Rico.
(f) Bona fide farmers. — Any natural or juridical person who legally owns a farm and devotes the same to agriculture in general, including all its modalities such as stockbreeding, aviculture, apiculture, minor fruits, horticulture, aquaculture, fishing, and others; and who holds a certification in effect issued by the Secretary of Agriculture; and who earns fifty percent (50%) or more of his/her gross income from an agricultural business as operator, owner, or lessee.
(g) Agricultural business. — Is the operation or exploitation of one or more of the following businesses:
(1) Farming or tilling the land for the production of fruits and vegetables, seasoning spices, and all kinds of foodstuffs intended for human and animal consumption.
(2) Breeding animals for the production of meat, milk, and eggs.
(3) Breeding thoroughbred race horses and purebred Paso Fino horses of Puerto Rico.
(4) Mariculture, commercial fishing, and aquaculture.
(5) Commercial production of flowers and ornamental plants for the domestic market and export.
(6) Growing vegetables through the hydroponic method.
(7) Any other commercial production deemed by the Secretary as an agricultural business.
History —Jan. 27, 2006, No. 39, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43A - Bill of Rights and Duties of Farmers (§§ 1155 — 1157) › § 1156 - Rights

Farmers in Puerto Rico shall have the following rights:
(a) Be qualified as [a] farmer for the purposes of the Agricultural Tax Incentive Act (ATIA), §§ 10401 et seq. of Title 13, and to receive the benefits established by said act in agreement with his/her farmer classification in effect, while carrying out agricultural, aquacultural, and commercial fishing activities.
(b) Be certified as [a] farmer when engaged in agricultural works as usufructuary, tenant farmer, or lessee.
(c) Receive response from the Department of Agriculture on or before thirty (30) days, when requesting services for seeds, fertilizers, pest control, machinery, fishing equipment, financing, crop insurance and planting, or any other service of this kind as established by the Department of Agriculture.
(d) Receive quality services, according to the needs of the farmer, from the Department of Agriculture of the Commonwealth of Puerto Rico.
(e) Have access to any information required to take the necessary steps to obtain services, incentives, tax credits, licenses, certifications, and any other agricultural benefits that are offered or to be offered by the Department of Agriculture or any other agency, public corporation or instrumentality of the Commonwealth of Puerto Rico and its municipalities.
(f) Choose the agricultural product to exploit profitably.
(g) Choose the place where they shall acquire materials or services.
(h) Organize and form partnerships freely with other farmers to [regulate] their businesses, according to the parameters established by §§ 3051—3061 of this title, known as the “Agriculture and Livestock Industry Regulating Act”.
(i) Receive technical and administrative advice on the businesses, marketing, sales, and services from the Department of Agriculture and the University of Puerto Rico through the Agricultural Extension Service and other agencies.
(j) File claims or complaints with the Department of Agriculture according to the established procedure.
(k) Receive equal and fair treatment from the Department of Agriculture.
(l) For domestic products to have priority in all marketing activities carried out by the Department of Agriculture.
(m) Be compensated according to the fair value of their products when contracting with the government.
History —Jan. 27, 2006, No. 39, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 43A - Bill of Rights and Duties of Farmers (§§ 1155 — 1157) › § 1157 - Duties

Farmers in Puerto Rico shall have the following duties:
(a) Establish appropriate communications and cooperate with the Department of Agriculture and providers to expedite official transactions.
(b) Acquire, subject to applicable provisions, any materials, equipment, and property necessary for the production of top quality food.
(c) Submit on time any applications and reports required by the Department of Agriculture or providers.
(d) Maintain continuous communication with the Department of Agriculture, providers, and municipalities as the case may be, to enable these to make the official transaction[s] that concern farmers.
(e) Report to the Secretary any investigation conducted regarding them.
(f) Keep available for review farm production records and legal and administrative documents.
(g) Implement technical recommendations made by the Department for improving their production.
(h) Participate in training sessions, meetings, workshops, or any other educational activity carried out by the Department of Agriculture, the Agricultural Extension Service, the Agricultural Experimental Station, the Soil Conservation Service, and others to improve agriculture in Puerto Rico.
(i) Receive official visits of personnel authorized by agriculture-related government agencies and allow their entrance to their farms or agricultural businesses.
(j) Use efficiently and in the established time any aid granted by the Department of Agriculture for the maintenance, increase, and development of their agricultural businesses and keep subsidized agricultural activities for the time required by the regulations in effect or otherwise they shall be bound to return the total of the incentive granted.
(k) Give appropriate use, as established by law and regulations, to medications, pesticides, chemicals, and pollutants that are harmful to animal, human, and environmental health.
(l) Comply with the established protection provisions of Plant Protection and Veterinary Services to avoid the introduction of pests and diseases that [harm] our agricultural businesses.
(m) Comply with any laws and regulations established in Puerto Rico or those of the United States of America that apply to Puerto Rico, relative to the agricultural field.
History —Jan. 27, 2006, No. 39, § 4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1301 - Definitions

For the purposes of this chapter the following words shall have the meaning ascribed to them in this section:
(a) Garbage. — Means waste totally or partially derived from animal meat, including fish and poultry and other residues of any other type related thereto, resulting from the handling, preparation, cooking and consumption of food, including carcasses of animals or parts thereof and the spoils of dead cattle and fowl or their viscera or entrails, it being understood, that in no case shall there be used as feed for swine or barnyard fowl, carcasses, parts, spoils or viscera of animals that have died from any infectious, contagious disease.
(b) Person. — Means the Commonwealth of Puerto Rico, or any municipality, political subdivision, institution, public or private corporation, individual, association, partnership, or any other artificial entity.
History —June 14, 1962, No. 46, § 1; June 5, 1986, No. 37, p. 96, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1302 - Permit—Obtention and renewal

No person shall feed or permit the feeding of swine or barnyard fowl with garbage unless he obtains a special written permit from the Secretary of Agriculture of Puerto Rico or his authorized agent. Such permits shall be obtained within thirty (30) days following the effective date of this amendment to this act and shall be renewed on or before the first of July of each year.
History —June 14, 1962, No. 46, § 2; June 5, 1986, No. 37, p. 96, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1303 - Permit—Application

(a) Applications for permit to feed swine or barnyard fowl with garbage shall be filed in writing in the forms provided by the Department of Agriculture of Puerto Rico and shall contain all the information which the Secretary of Agriculture may deem necessary and pertinent.
(b) There will be no charge for the permits issued under this chapter.
History —June 14, 1962, No. 46, § 3, eff. 90 days after June 14, 1962.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1304 - Permit—Revocation or refusal to renew

When it is found that a person holding a permit issued under this chapter, or who has applied for renewal of a permit hereunder, has violated or failed to comply with any provision of this chapter or of the regulations promulgated hereunder, the Secretary of Agriculture of Puerto Rico or his authorized agent may revoke or refuse to renew said permit to the person requesting renewal.
To such end the Secretary of Agriculture of Puerto Rico shall summon the interested party to appear before him or his authorized agent, either in person or represented by counsel, to show cause why the permit issued to him should not be revoked, or the renewal of the permit requested by him should not be denied, in the light of the facts which he shall specify and which constitute a violation or infringement of this chapter or of the regulations promulgated hereunder.
If after considering the reasons and evidence given by said interested party, of which record shall be taken, the decision of the Secretary of Agriculture of Puerto Rico or his authorized agent be adverse to said party, the latter may, within the ten (10) days following the date of notice thereof, request a review before any Part of the Court of First Instance of Puerto Rico. Said review shall be exclusively restricted to issues of law.
The Secretary of Agriculture of Puerto Rico or his authorized agent shall remand to the Court of First Instance the original record of the case within the fifteen (15) days following the date on which notice of the petition for review is served on him. He shall likewise prepare and certify as correct the transcription of the stenographic record of the case, which shall be remanded to the Court of First Instance on petition of interested party, upon payment of the corresponding fees and in the manner and within the term directed by said court. Against the judgment rendered in the case no remedy shall lie other than a petition for certiorari before the Supreme Court, restricted to issues of law.
History —June 14, 1962, No. 46, § 4, eff. 90 days after June 14, 1962.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1305 - Cooking or other treatment of garbage

Irrespective of all previous processing, before it is used for feeding swine or barnyard fowl, all garbage shall be heated at a temperature of at least 212 degrees Fahrenheit for at least thirty (30) minutes, unless it is treated in any other manner approved in writing by the Secretary of Agriculture of Puerto Rico as equally effective for the protection of human and animal health.
History —June 14, 1962, No. 46, § 5, eff. 90 days after June 14, 1962.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1306 - Inspection and investigation

Authorized representatives of the Secretary of Agriculture of Puerto Rico shall have power to enter public or private premises for the purpose of inspecting and investigating the conditions related with the adequate treatment of garbage for feeding swine or barnyard fowl, and the health of the swine or barnyard fowl, where, under the provisions of § 1302 of this title, the special permit of the Secretary of Agriculture is required.
History —June 14, 1962, No. 46, § 6, eff. 90 days after June 14, 1962.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1307 - Rules and regulations

The Secretary of Agriculture of Puerto Rico shall execute and put into effect the provisions of this chapter and is fully empowered to cooperate with the United States Department of Agriculture in the control and eradication of swine and barnyard fowl diseases.
The Secretary of Agriculture of Puerto Rico shall have full power to promulgate and to put into effect rules and regulations specifying the facilities to be required and the sanitation practices to be observed where the feeding of swine or barnyard fowl with garbage is permitted, and including any other provisions necessary to comply with the purposes of this chapter.
History —June 14, 1962, No. 46, § 7, eff. 90 days after June 14, 1962.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1307a - Administrative fines

The Secretary of Agriculture is hereby empowered to impose administrative fines of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) on any person who violates any of the provisions of this chapter or of the regulations adopted hereunder, or any official or inspector who, knowingly, fails to comply with any of the provisions of this chapter or its regulations.
Any person adversely affected by a decision of the Secretary of Agriculture issued pursuant to the authority conferred herein may request a revision before any Court of First Instance Part of the General Court of Justice within ten (10) days following the date of his notice. Any case or controversy arising under this section shall be ruled by the procedures and provisions of § 1304 of this title.
History —June 14, 1962, No. 46, p. 107, added as § 8 on June 5, 1986, No. 37, p. 96, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1308 - Penalties for subsequent violations

Any person who is guilty of a subsequent violation of the provisions of this chapter or of the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for a term of not more than fifteen (15) days, or by both penalties at the discretion of the court.
History —June 14, 1962, No. 46, § 8, renumbered as § 9 and amended on June 5, 1986, No. 37, p. 96, § 4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 47 - Feeding Garbage to Swine and Barnyard Fowl (§§ 1301 — 1309) › § 1309 - Regulations for administrative actions

The Secretary of Agriculture shall adopt the rules and regulations needed for the implementation of this chapter pursuant to the procedures established in § 1304 of this title and subject to the provisions of Act No. 112 of June 30, 1957, known as the “Rules and Regulations Act of 1958”.
History —June 14, 1962, No. 46, p. 101, added as § 10 on June 5, 1986, No. 37, p. 96, § 5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1402 - Creation and faculties to engage in the business of farm insurance

A corporation which shall be known as the Puerto Rico Farm Insurance Corporation is hereby established in the Department of Agriculture of Puerto Rico, to provide farm insurance to farmers against loss or damage to plantations, crops, animals, fowls, tobacco sheds and other structures and equipment for agricultural use in rural farms, caused by natural risks such as hurricanes, abnormal droughts and uncontrollable diseases. In the case of tobacco sheds and other structures, and equipment for agricultural use in rural farms, the Puerto Rico Farm Insurance Corporation is hereby empowered to provide insurance against loss or damage caused by fire. Commercial fishing boats and their equipment shall also be covered against hurricanes, fire and any kind of maritime risks. The Puerto Rico Farm Insurance Corporation is also empowered to provide farm income insurance based on a planting plan that its Board of Directors may determine through regulations and which will allow the farmers to receive the percentage that the Puerto Rico Farm Insurance Corporation may determine of the expenses incurred at the time the loss occurs, or the percentage that the Puerto Rico Farm Insurance Corporation may determine, when the annual income received from the farm operations covered by the Farm Income Insurance under a determined planting plan is lower than the estimated income for said insurance, including the financial risk involved at the time each insured crop is sold or liquidated.
The Puerto Rico Farm Insurance Corporation may also offer farm insurance as authorized by this chapter experimentally, limiting it to a specific agricultural enterprise, sector or area for the period that the Board of Directors may deem advisable and, on the basis of the experience acquired during the experimental period fixed, the Puerto Rico Farm Insurance Corporation shall determine if it should offer such insurance generally, or if it should eliminate it. It may also offer one or any of said insurance on an experimental or permanent basis, whether individually or in a combined way, covering one or more of the risks authorized by this chapter.
History —Dec. 12, 1966, No. 12, p. 62, § 2; June 9, 1969, No. 32, p. 48, § 1; Aug. 11, 1988, No. 166, p. 718, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1402a - Farm insurance, defined

Any insurance authorized hereunder shall be understood as “farm insurance”.
History —Dec. 12, 1966, No. 12, p. 62, added as § 2-A on June 9, 1969, No. 32, p. 48, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1402b - Board of Directors

The Farm Insurance Corporation shall be directed by a Board of Directors composed of the following five (5) members: the Secretary of Agriculture, who shall be its Chair, the Dean of the Faculty of Agricultural Sciences of the Mayagüez Campus of the University of Puerto Rico, a representative of the Government Development Bank duly designated by the President of said agency, and two (2) bona fide farmers who are patrons of the insurance provided by the Corporation, who shall be appointed by the Governor with the advice and consent of the Senate of Puerto Rico, for a term of three (3) years each, and until their successors are appointed and take office.
The initial appointments of the members of the Board of Directors who are farmers shall be, one for a term of three (3) years, and the other for a term of two (2) years.
In the event there is a vacancy before the term of appointment of the members of the Board of Directors that are farmers expires, the Governor, with the advice and consent of the Senate of Puerto Rico, shall extend a new appointment for the remaining term of the member who caused the vacancy. The Governor of Puerto Rico may dismiss any of said members for repeated absences at the meetings of the Board of Directors, negligence in the performance of duties, conviction of a felony or misdemeanor that implies moral turpitude or total and permanent disability to carry out the duties of the office.
The members of the Board of Directors who are not public officials or employees shall receive no remuneration or compensation for carrying out their duties as such, but may receive a per diem of not more than fifty dollars ($50) for each day or part thereof that they devote to the performance of the official duties of the office.
History —Dec. 12, 1966, No. 12, p. 62, added as § 3 on Aug. 11, 1988, No. 166, p. 718, § 4.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1404 - Director, Puerto Rico Farm Insurance

The Secretary of Agriculture is hereby empowered to appoint the Director of the Puerto Rico Farm Insurance Corporation with the consent of the Board of Directors, and to delegate to him such functions and powers as he may deem advisable.
History —Dec. 12, 1966, No. 12, p. 62, § 4, renumbered as § 5 and amended on Aug. 11, 1988, No. 166, p. 718, § 6.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1405 - Suits by and against the Commonwealth

The Puerto Rico Farm Insurance Corporation may sue and be sued on behalf and in representation of the Commonwealth of Puerto Rico, for any claim that may arise in relation to the insurance or reinsurance business authorized by this chapter. In case of suits against the Commonwealth, the latter shall waive its immunity and shall recognize any obligation that may be duly established and adjudicated by the Courts of Justice, after having previously exhausted the proper administrative procedure established in the regulations of the Insurance Plans authorized by this chapter for the settlement of such claims; Provided, That when both parties accept the obligation, and there is conflict only as to some difference, such court action shall rest solely with respect to the difference; Provided, further, That in these claims the procedure for regular civil actions shall be followed, and such judgments as may devolve upon the Commonwealth of Puerto Rico shall, upon becoming final, be paid chargeable to the Farm Insurance Fund. On and after July 1, 1969, any judicial action to recover losses shall prescribe after two (2) years, counted from the date of the disaster that caused the losses. Whenever arbitration is required through the insurance contract or by a regulatory provision to determine the amount of the losses, the written application of the claimant requesting that the matter be submitted to arbitration and appointing his arbitrator shall, if filed on time and under the terms of the insurance contract, stop the prescribed period for the duration of said arbitration. What is provided herein shall in no way affect the provisions of § 1412 of this title.
History —Dec. 12, 1966, No. 12, p. 62, § 5; June 9, 1969, No. 32, p. 48, § 4; renumbered as § 6 and amended on Aug. 11, 1988, No. 166, p. 718, § 7.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1406 - Risks and hazards defined

The Board of Directors shall define the risks and hazards covered by said insurance plans in the regulations that will govern each one of the insurance plans offered by the Puerto Rico Farm Insurance Corporation to the farmers or fishermen.
History —Dec. 12, 1966, No. 12, p. 62, § 6; June 9, 1969, No. 32, p. 48, § 5; renumbered as § 7 and amended on Aug. 11, 1988, No. 166, p. 718, § 8.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1407 - Transfer of funds and other properties of the Office of Puerto Rico Farm Insurance

The personnel and all the funds, investments, reserves, properties, assets of all kinds, accounts, bonds, credits, rights, obligations, files and records currently in the Office of Puerto Rico Farm Insurance, attached to the Farm Service Administration, including the Farm Insurance Funds, which shall remain at the disposal of the Puerto Rico Farm Insurance Corporation under the name of “Farm Insurance Fund”, are hereby transferred to the Puerto Rico Farm Insurance Corporation, and shall be used to carry out of the purposes of this chapter.
History —Dec. 12, 1966, No. 12, p. 62, § 7, renumbered as § 8 and amended on Aug. 11, 1988, No. 166, p. 718, § 9.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1408 - Insurance premiums and reserves

The Puerto Rico Farm Insurance Corporation shall fix premiums for the farm insurance authorized by this chapter at a reasonable rate which is sufficient to cover the possible claims for losses, considering the possible occurrence and severity of the risk or hazard to be insured for a specific number of years. Said premiums shall be paid in the manner and at the time that the Puerto Rico Farm Insurance Corporation may determine in the regulations which are to govern each said farm insurance; Provided, That no insurance contract shall exist until the amount of the premium has been received in the Central Office of the Farm Insurance Corporation, unless the postponement of its payment is permitted in the corresponding regulations. The income from said farm insurance shall be covered into the “Farm Insurance Fund”, but a separate account shall be kept for each type of farm insurance provided.
The Puerto Rico Farm Insurance Corporation shall ensure that a sufficient reserve of such premiums’ income be accumulated in order to operate or to continue operating the different insurance plans that it may establish, taking into account the obligations contracted and the reinsurance placed in each one of said insurance plans, and the possibility of catastrophic losses, as well as other risks not anticipated when structuring the rates. The Insurance Commissioner of Puerto Rico shall have the faculty to evaluate such reserves, from time to time, for the purpose of determining if they are appropriate and to require the Farm Insurance Corporation to adopt a plan to keep said reserves at a level that the Insurance Commissioner may deem adequate.
History —Dec. 12, 1966, No. 12, p. 62, § 8, renumbered as § 9 and amended on Aug. 11, 1988, No. 166, p. 718, § 10.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1409 - Debts and obligations

The Board of Directors shall determine annually, upon the recommendation of the Insurance Commissioner of Puerto Rico and the approval of the Governor, the amount of the obligations that the Puerto Rico Farm Insurance Corporation may contract. The Insurance Commissioner’s recommendation shall be made on the basis of actuarial principles that shall contain the separation of the reserve indicated in § 1408 of this title.
The Secretary of the Treasury shall make available whatever funds are needed to carry out the purposes of this chapter chargeable to any unencumbered funds in the Commonwealth Treasury, for the payment of any claim in excess of the funds and resources of the Puerto Rico Farm Insurance Fund.
History —Dec. 12, 1966, No. 12, p. 62, § 9, renumbered as § 10 and amended on Aug. 11, 1988, No. 166, p. 718, § 11.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1410 - Reinsurance

When it is impossible to obtain reinsurance under reasonable conditions with insurance companies authorized to do business in Puerto Rico, the Puerto Rico Farm Insurance Corporation is hereby authorized to do reinsurance business with the Federal Crop Insurance Corporation of the Department of Agriculture of the United States, with any group of individual underwriters of the Lloyd class, or with any insurance company of the United States or any foreign country. The Puerto Rico Farm Insurance Corporation may make the contracts authorized by this section directly or through intermediaries located in Puerto Rico or abroad. Said intermediaries shall be exempt from compliance with the requirements of the Insurance Code of Puerto Rico, with regard to the transactions authorized herein.
When the magnitude of the risk to be assumed by the Puerto Rico Farm Insurance Corporation in connection with certain insurance in any one year may endanger the stability of its resources, the latter may pay out of its funds the reinsurance costs in excess of the income from said insurance, and/or pay out of its funds such part that the Puerto Rico Farm Insurance Corporation may determine from the cost of the premiums collected from the insured by the direct underwriters, and/or the necessary or pertinent expenses to obtain direct insurance from other underwriters.
History —Dec. 12, 1966, No. 12, p. 62, § 10, renumbered as § 11 and amended on Aug. 11, 1988, No. 166, p. 718, § 12.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1411 - Administrative expenses

The funds to cover administrative expenses corresponding to any farm insurance that the Puerto Rico Farm Insurance Corporation may offer, including inspection expenses, whether they be to ascertain the fulfillment of minimum requirements established or to verify any loss or damage, shall be defrayed from the income derived from each farm insurance offered, for which a separate account of each must be kept; Provided, That if such income is not sufficient to meet said expenses, the Puerto Rico Farm Insurance Corporation is hereby empowered to defray said expenses by using the funds that are available in the Farm Insurance Fund therefor.
History —Dec. 12, 1966, No. 12, p. 62, § 11, renumbered as § 12 and amended on Aug. 11, 1988, No. 166, p. 718, § 13.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1412 - Adjustment and payment of claims

In every insurance contract that it offers, the Puerto Rico Farm Insurance Corporation shall establish the procedure to be followed by insureds when filing claims as well as the adjustment and payment thereof by the Puerto Rico Farm Insurance Corporation; Provided, That the failure on the part of the insured to strictly comply with the terms and conditions stipulated in such insurance contracts shall be deemed as a sufficient basis to relieve the Puerto Rico Farm Insurance Corporation from all liability.
History —Dec. 12, 1966, No. 12, p. 62, § 12, renumbered as § 13 and amended on Aug. 11, 1988, No. 166, p. 718, § 14.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1413 - Deposits and disbursements

All the monies of the Corporation shall be entrusted to known depositaries for the funds of the Commonwealth of Puerto Rico and shall be deposited to the name of the Puerto Rico Farm Insurance Corporation. The disbursements shall be made in accordance with the norms and regulations that the Board of Directors may approve.
History —Dec. 12, 1966, No. 12, p. 62, § 13, renumbered as § 14 and amended on Aug. 11, 1988, No. 166, p. 718, § 15.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1414 - Investments of the Farm Insurance Fund

The Puerto Rico Farm Insurance Corporation is hereby authorized to invest such part of the Farm Insurance Fund and of its future income as it may deem advisable in consultation with the Government Development Bank for Puerto Rico, in securities that the Board of Directors may deem advisable, provided said securities have a constant market and are easy to dispose of. The proceeds from such investment shall be covered into the Farm Insurance Fund. The Puerto Rico Farm Insurance Corporation may also use such part of its funds that it may require to defray its operations.
The Puerto Rico Farm Insurance Corporation, in consultation with the Government Development Bank for Puerto Rico, shall proceed to sell the quantity or quantities of securities of the Puerto Rico Farm Insurance Corporation that it may deem pertinent, to provide it with funds to make all such payments or disbursements that are needed in order to comply with the purposes of this chapter.
History —Dec. 12, 1966, No. 12, p. 62, § 14, renumbered as § 15 and amended on Aug. 11, 1988, No. 166, p. 718, § 16.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1415 - Audits

The Comptroller of Puerto Rico or his authorized representatives must audit the accounts and books of the Puerto Rico Farm Insurance Corporation pursuant to the law, as well as the income and expenditures, contracts, leases, fund amortizations, investments and other matters related to its financial situation over which the Controller is vested with authority, in accordance with the law. Furthermore, the Board of Directors shall annually order an independent audit of the Corporation, that must be done by independent certified public accountants. In said audit the generally-accepted accounting principles for insurance programs shall be observed.
History —Dec. 12, 1966, No. 12, p. 62, § 15, renumbered as § 16 and amended on Aug. 11, 1988, No. 166, p. 718, § 17.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1416 - Administration of oaths

The Board of Directors and the Director of the Puerto Rico Farm Insurance, as well as the officers and agents appointed to carry out the business of the Puerto Rico Farm Insurance Corporation shall be empowered to administer oaths on every document connected with the Farm Insurance business authorized by this chapter in which such oath is necessary or convenient, and this power shall also be vested in the agents or local officers of the Department of Agriculture, and the Agricultural Extension Service, the Farmers Home Administration, the Agricultural Credit Corporation, the Land Authority, the Occupational Development Administration, and any public corporation, or government agency or instrumentality, created in or attached to the Department of Agriculture of Puerto Rico.
History —Dec. 12, 1966, No. 12, p. 62, § 16, renumbered as § 17 and amended on Aug. 11, 1988, No. 166, p. 718, § 18.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1417a - Personnel

With respect to the personnel transferred or to be subsequently transferred to the Puerto Rico Farm Insurance Corporation, they shall maintain the same status they had pursuant to the provisions of Act No. 5 of October 14, 1975 and to the regulations adopted by virtue thereof, as long as they have the same position they had at the time of the transfer. They shall also maintain all rights, privileges, obligations and status with respect to any existing pension, retirement, or savings and loan fund systems to which they were affiliated upon approval of this act.
The personnel recruited on and after the effectiveness of this act shall be governed by the personnel regulations that the Corporation shall approve to such effects, and likewise, provisions may be taken so that the personnel may avail themselves of the benefits of § 761 et seq. of Title 3, known as the “Employees Retirement System of the Government of Puerto Rico and its Instrumentalities Act”.
History —Dec. 12, 1966, No. 12, p. 62, added as § 18 on Aug. 11, 1988, No. 166, p. 718, § 19.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1418 - Reinsurance of Farm Insurance issued by cooperative associations

The Board of Directors is hereby authorized to reinsure up to ninety percent (90%) of the farm insurance underwritten by any cooperative association organized under the Insurance Code of Puerto Rico that has standards and assumes risks similar to those set in this chapter and in the farm insurance plans established by the Puerto Rico Farm Insurance Corporation; and may, in turn, grant in reinsurance the total amount of the reinsurance made, to such cooperative associations.
History —Dec. 12, 1966, No. 12, p. 62, § 18, renumbered as § 19 and amended on Aug. 11, 1988, No. 166, p. 718, § 20.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 49 - Farm Insurance (§§ 1401 — 1420) › § 1420 - Penalties

Any natural or juridical person who offers, gives or sends false information willfully and maliciously in any document, information, application and/or declaration addressed to the Puerto Rico Farm Insurance Corporation, and who defrauds or attempts to defraud the Puerto Rico Farm Insurance Corporation in any way, shall incur a felony and upon conviction thereof, shall be punished by imprisonment for a minimum term of six (6) months and a maximum of five (5) years.
History —Dec. 12, 1966, No. 12, p. 62, § 20; Aug. 11, 1988, No. 166, p. 718, § 21.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1521 - Declaration of public policy

It is hereby stated as a public policy of the Commonwealth of Puerto Rico to promote the development and more adequate use of its fishing resources for the benefit of the country. Fishing and aquaculture shall be promoted as important activities for the economic development and nutrition of the Puerto Rican people. The marine, lacustrine and fluvial resources of the country are hereby declared as the property and wealth of the People of Puerto Rico. The Government of the Commonwealth of Puerto Rico shall protect, administrate and regulate the use and enjoyment of this patrimony in behalf of the People of Puerto Rico.
History —Aug. 23, 1990, No. 61, p. 245, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1522 - Definitions

(1) Program. — Means the Fishing Promotion, Development and Administration Program of the Department of Agriculture.
(2) Fishing resource. — Means every plant or animal life form that lives in the sea, lakes, lagoons, rivers that can be caught by humans for sale and consumption.
(3) Aquaculture. — Means the cultivation of aquatic plants and animals under controlled conditions in fresh, salt or brackish water, using scientific and technical methods.
(4) Mariculture. — Means the cultivation of aquatic plants and animals under controlled conditions in salt or brackish water.
(5) Fishing industry. — Means any activity comprised in the areas of aquaculture, mariculture, fish breeding or fishing by commercial or artisanal fishermen of any sea or lacustrine product, and/or the processing or industrialization of aquatic plants and animals.
(6) Council. — Means the Fishing and Aquaculture Industry Council.
History —Aug. 23, 1990, No. 61, p. 245, § 3.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1523 - Creation of Council

The Fishing and Aquaculture Industry Council is hereby created to be constituted by ten (10) members, five (5) of whom shall be public officials: the Secretary of the Department of Agriculture, the Secretary of the Department of Natural and Environmental Resources, the President of the Economic Development Bank for Puerto Rico, the Director of the Department of Marine Sciences of the Mayagüez campus of the University of Puerto Rico and the Administrator of Economic Development in charge of Puerto Rican Industries.
The Governor of Puerto Rico shall designate the President of the Council, or two (2) co-presidents from the members who are public officials. The Council shall adopt the rules and regulations that are needed for its internal operations, as well as for the faithful compliance of the provisions of this chapter. The decisions of the Council shall be adopted by the majority of the members present with the required quorum of six (6) members. At least three (3) of the members who are public officials must be present for said quorum.
The Council shall adopt the rules and regulations that are needed for its internal operation, as well as for the faithful compliance with the provisions of chapter. The decisions of the Council shall be adopted by the majority of the members present with the required quorum of six (6) members. At least three (3) of the members who are public officials or their authorized representatives must be present for said quorum.
Those government agencies that are part of this Council are hereby authorized to contribute their physical, financial and personnel resources, to the extent of their capabilities, in order to defray and enable the operations of said body. Should it be necessary to contract other resources, such costs may be shared by the public agencies that compose the Council.
History —Aug. 23, 1990, No. 61, p. 245, § 4; Dec. 14, 1997, No. 144, § 1; Aug. 14, 1999, No. 234, § 1.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1524 - Development Plan

The Fishing and Aquaculture Industry Council is hereby empowered to evaluate and elaborate a development and financing plan, an administrative and programmatic redesign in order for Puerto Rico to develop a modern and important fishing and aquaculture industry. Said plan shall analyze and provide concrete recommendations and options for action. The plan shall comply with the following goals and objectives, in addition to any others determined by the Council:
(a) Define the State’s role in the development of the fishing and aquaculture industry.
(b) Define the most adequate and effective administrative structures and government programs to promote the development of the industry, including an analysis of the possible options of transferring any existing programs related to the fishing and aquaculture industry to another agency or entity, as well as an evaluation of the services they provide to the industry.
(c) Analyze the various viable options in terms of the financing sources available for the effective development of the industry.
(d) Design promotional and basic and applied research programs addressed principally to the service of this industry.
(e) Define the industrial activities that can be developed with the products generated by fishing and aquaculture and establish their viability.
(f) Define the necessary activities and establish a schedule thereof directed to provide fishermen with the vessels, appropriate fishing gear, access to financing technology, technical assistance, learning and training, which will propitiate the development of a modern and competitive fishing industry in Puerto Rico.
(g) Recommend public policy, institutional, financial and technological mechanisms that will stimulate the involvement of the private sector in the development of fishing and aquaculture.
The plan established in this section shall be completed in the term of one (1) year from the approval of this act.
The Council shall render a progress report to the Legislature every four (4) months and shall submit a final report containing its conclusions and recommendations within the term indicted above.
History —Aug. 23, 1990, No. 61, p. 245, § 5.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1525 - Creation of Program

The Fishing and Aquaculture Promotion, Development and Administration Program of the Department of Agriculture is hereby created.
The Secretary of Agriculture shall determine the organization needed to establish the Program, by regulations.
History —Aug. 23, 1990, No. 61, p. 245, § 6; Aug. 14, 1999, No. 234, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1526 - Functions and duties of the Program

The Program shall have those functions and duties geared to promote and develop the fishing industry, including, but without being limited to:
(1) Executing or sponsoring programs for the research and development of the island’s fishing resources, which shall include but shall not be limited to the biological, chemical, technological, hydrologic, processing, marketing, financial, economic and promotional research. The Program may carry out such activities or projects in cooperation with other Commonwealth agencies, federal, regional, or local government entities, private institutions or individuals.
(2) Establishing educational programs regarding the use, conservation development and improvement of fishing resources.
(3) Developing strategic plans and alternatives for the overall development of fishing, including the training of fishermen.
(4) Promoting the consumption of local fish products.
(5) Promoting and encouraging formal and informal training activities for fishermen, employees, workers or professionals related to the fishing industry and Program, including the production, marketing and processing aspects of the products, among others.
(6) Carry out the necessary coordination with the Department of Natural and Environmental Resources and with the public and private agencies or entities of the Commonwealth or federal governments, related to the fishing industry and areas related thereto.
(7) Execute the leases, usufructs or transfers of facilities to fishermen whenever it is deemed necessary and convenient for the promotion and development of fishing.
History —Aug. 23, 1990, No. 61, p. 245, § 7; Dec. 14, 1997, No. 144, § 2.
2023 Laws of Puerto Rico › TITLE FIVE - Agriculture (§§ 1 — 4706) › Chapter 52 - Fishing and Aquaculture Industry Council (§§ 1521 — 1530) › § 1527 - Transfer to Department of Agriculture

There are hereby transferred to the Department of Agriculture for the use of the Fishing Promotion, Development and Administration Program, all properties, furnishings, real estate, properties in usufruct, subsidiaries, files, licenses, permits, funds, remainders of funds, assets, liabilities, contracts (except work contracts), as well as the programs and functions of the Corporation for the Development and Administration of the Marine, Lacustrine and Fluvial Resources of Puerto Rico (CODREMAR), except as provided in § 1526 of this title. This includes, but is not limited to:
(1) Fishing port facilities that belong to CODREMAR.
(2) The inventory of facilities, equipment, materials and other assets in the fishing ports that belong to CODREMAR.
(3) The operations of the fishing gear store, with its inventory, located in the Arroyo fishing facilities.
History —Aug. 23, 1990, No. 61, p. 245, § 8.