Esta ley enmienda la "Plant Quarantine Act of Puerto Rico" para permitir al Departamento de Agricultura fijar y cobrar tarifas por servicios de inspección y análisis relacionados con la importación y exportación de material vegetal. También establece sanciones administrativas y penales por violaciones a la ley, incluyendo multas y la posible revocación de licencias y permisos.
(Approved February 15, 2002)
To amend Sections 4 and 15 of Act No. 93 of June 5, 1973, as amended, known as the "Plant Quarantine Act of Puerto Rico."
Act No. 93 of June 5, 1973, as amended, has the main purpose of preventing from being introduced and propagated in Puerto Rico, any pests that could harm our plants, which would cause great losses in our agriculture.
Furthermore, said Act provides for the monitoring of the introduction of plants and vegetative material by means of transportation, luggage and freight that might contain any such article or material. Said Act also allows for inspection works to be conducted in airports and ports, nurseries and other facilities.
Most of the activities we have mentioned before are completed with the issue of certificates or permits. At present, inspections and the issue of documents are free of charge because Act No. 93 does not provide for the power to charge for these services. The U.S. Department of Agriculture and the states of the Union already have legislative measures similar to the one we intend to adopt.
By conservative estimates, charging for the services to be rendered by the Department could generate approximately two hundred fifty thousand
dollars $($ 250,000)$ a year, which shall be destined to the improvement of the infrastructure and to hiring personnel. This measure shall indubitably result in a better and more efficient service to the citizenry.
Section 1.- Section 4 of Act No. 93, approved on June 5, 1973, as amended, is hereby amended to include a subsection
(i) , to read as follows: "(i) Fix and charge fees for the inspection of nurseries, farms which produce seeds for export, vegetable material, and maritime facilities; for taking samples and making the analysis of all matter related to the export and import of any of the vegetable materials contemplated in this Act, as well as any other service provided by the Department of Agriculture as established through regulations to that effect."
Section 2.- Section 15 of said Act No. 93 is hereby amended to read as follows: "Section 15.- Any person who violates any provision of this Act or of any quarantine or regulation promulgated by the Secretary hereunder, or who obstructs or may attempt to obstruct the implementation of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than one hundred (100) and not greater than five hundred (500) dollars or by imprisonment in jail for a term of not less than one (1) month and not greater than (6) months, or both penalties in the discretion of the court.
Aside and independent from the criminal penalties stated above, any natural or juridical person who violates any provisions of this Act shall be
subject to administrative penalties, in the discretion of the Secretary, pursuant to the following provisions:
a) For the first infraction, there shall be imposed an administrative fine of not less than five thousand dollars $($ 5,000.00)$ and not greater than twenty-five thousand dollars $($ 25,000.00)$. b) For the second infraction, there shall be imposed an administrative fine of not less than twenty-five thousand dollars $($ 25,000.00)$ and not greater than fifty thousand dollars $($ 50,000.00)$. c) For the third infraction, there shall be imposed an administrative fine of not less than fifty thousand dollars $($ 50,000.00)$ and not greater than seventy-five thousand dollars $($ 75,000.00)$, provided that any natural or juridical person who violates the provisions of this Act for a third time, shall be subject to the revocation of any right, license, permit, privilege or concession of any kind granted pursuant to the provisions of this Act and shall be declared ineligible for the exercise of any of the activities contemplated in this Act or any regulation promulgated thereunder. The Secretary shall establish, through regulations, a registry of natural or juridical persons to whom said rights and privileges have been revoked and see that these persons are kept in their ineligibility status pursuant to the stated above. d) Any person who has been declared ineligible to engage in any of the activities contemplated in this Act or any regulation promulgated thereunder, who violates any provision of this Act, shall be subject to an administrative fine of not less than seventy-five thousand dollars $($ 75,000.00)$ and not greater than one hundred thousand dollars $($ 100,000.00)$ for each violation
incurred subsequently, without prejudice to the criminal penalties stated before."
Section 3.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 35 (S.B. 1087) of the $3^{ ext {nd }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 4 and 15 of Act No. 93 of June 5, 1973, as amended, known as the "Plant Quarantine Act of Puerto Rico.", has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $29^{ ext {th }}$ of December of 2003.
Elba Rosa Rodríguez-Fuentes Director