P.R. Laws tit. 5, § 1556

2019-02-20 00:00:00+00
§ 1556. Faculties, rights and powers of the Secretary of Agriculture

There are hereby conferred on the Secretary of Agriculture all such faculties, rights and powers as may be necessary to carry out the purposes of this chapter, including, without it being a limitation, the following:

(a) To acquire farm cattle products produced in Puerto Rico for the purposes of avoiding fluctuations in prices at farm level which may result onerous to the farmer and in any other circumstances where the order and stability of the marketing of such products are threatened.

(b) To guarantee reasonable minimum prices for farm cattle products, whether in a general manner, or by regions, zones or groups of farmers. In like manner it may guarantee minimum prices for farm cattle products produced in Puerto Rico when they are manufactured or semimanufactured. In cases where it is feasible and convenient, the guarantee may be conditioned to quotas of production, by seasons and quantities.

(c) To enter into contracts or agreements with natural or [juridical] persons, public or private, within or outside Puerto Rico, for the distribution and manufacturing or marketing of foodstuff it may acquire; Provided, That the function of marketing shall be made preferably by cooperatives or associations of farmers established or to be established.

(d) To grant special incentives as to the nature and amount thereof, when it encourages the organization of farmers to jointly perform activities that they could not carry out by themselves, and which may suit the public interest that they be carried out jointly or that they can only be carried out jointly.

(e) To distinguish, for the granting of the benefits of this chapter, among the following type of farmers in the manner as pointed out in the Statement of Motives of this chapter:

The programming to be established shall be, in the first place, directed toward the farmers of a family-type business who live on the farm and from the fruits therein produced, working said farm with or without additional aid.

In second place, it should be directed toward the group of farmers who operate their farms exclusively or mainly based on the employment of workers.

In third place, it should be directed toward the farm workers and toward those farmers known as subsistence farmers, who derive some income from their farms, but who complement same by mainly working as farm workers.

Such distinction shall be made provided it results in benefit of the respective types of farmers pursuant to the policy as reported by this legislation.

(f) To determine the nature of the incentives or subsidies, the manner in which they shall be granted, amount of same, and any other determination related thereto. In no case shall the amount of the incentive, subsidy or aid exceed ⅔ of the cost of the corresponding work or practice, except that the Governor may dispense with such limitation in special cases. The services to be rendered may be totally defrayed by the Government.

(g) To acquire in any legal form and use, own, administer, grant or take in lease, encumber, sell or otherwise dispose of any properties or any interest thereon, as he may deem necessary to carry out his purposes. He may in like manner sell at cost or at less than cost the products he may acquire.

(h) To accept services, donations and funds from federal, commonwealth and municipal government entities, and from private persons and entities to carry out his purposes; and to enter into agreements with such government entities or persons and private entities for the use of such donations or funds.

(i) To promote and contribute by any means to the consumption of farm cattle products produced in Puerto Rico.

(j) To adopt, amend and repeal norms, rules and regulations that he may consider necessary to discharge the powers granted and duties imposed by this chapter.

(k) To transfer funds and resources, with the approval of the Governor or of the officer whom he may delegate, to agencies or instrumentalities of the Commonwealth of Puerto Rico to carry out specific phases or activities of the programs that may be established by virtue of this chapter, when in his judgment, such function facilitates or accelerates the attainment of the goals pursued.

He may also and in like manner transfer funds to the Farm Credit Corporation so that it may grant short, intermediate or long terms loans, at low interest rate, to farmers to carry out specific phases or activities of any program that may be established by virtue of this chapter, when in his judgment such action facilitates or accelerates the attainment of the objectives pursued. In the measure that said loans are paid their amount shall be refunded to the Fund for the Promotion of Agricultural Development of Puerto Rico created by this chapter, the Farm Credit Corporation withholding the interest paid thereon to cover the administrative expenses incurred.

He may also transfer funds in like manner to the Hydrographic Watershed Fund created by § 253 of Title 12, for the ends and purposes established in the said resolution which constitute the best example of improving the infrastructure for the farm cattle production.

(l) To carry out by himself or to contract with others the rendering of any service related to any aspect of the production, manufacturing or marketing of farm cattle products.

(m) To defray the cost in whole or in part of such constructions, facilities, installations, improvements or equipment which may expedite the production or the marketing of farm cattle products.

(n) To defray totally or partially technical, managerial or economic studies for the use of the proper department in benefit of any natural or juridical person engaged in agricultural operations related with any aspect of the production, manufacturing, or marketing of farm cattle products.

(o) To establish pilot farms or demonstration farms where there are used or tried out the most advanced techniques in farm cattle developments which may serve as models to the farmers.

(p) To prepare for marketing, classify or pack farm cattle products with or without pay.

(q) To make supplementary payments to farmers per unit produced of those farm cattle products the production of which is desired to be encouraged.

(r) To enter by himself or through his representatives, agents or employees, at reasonable hours, upon previous notice, into lands or places where any natural or juridical person covered by any program established under this chapter may have his business or enterprise for the production, marketing or manufacturing of farm cattle products for the purpose of verifying that the provisions of the regulations and norms regulating the program involved are complied with or have been complied with.

(s) To carry out all those other acts necessary, incidental or convenient for the attainment of the purposes of this chapter.

History —June 21, 1971, No. 53, p. 164, § 6, eff. July 1, 1971.