Controversial Law on Phytosanitary Controls Endorsed

The Nicaraguan Assembly approved a bill empowering the Institute of Protection and Health to impose economic sanctions on any agricultural producer who fails to comply with phytosanitary requirements at the time of an inspection.

Thursday, March 12, 2020

The business sector considers that the law known as the "Plant Protection Act" has excessive discretion, since the Institute of Protection and Health (IPSA) cannot become judge and party in relation to complaints to the competent authority, because of the probable existence of a crime.

See "Phytosanitary Controls: Discretion and Abuse"

According to article 78 of the bill, when plants or regulated articles that are infected with any pest are marketed, fail to comply with phytosanitary requirements, or fail to declare the entry into the national territory of products of health risk, "... They will be sanctioned with fines of $5,001 to $7,000 ... or with the definitive suspension of the registration or definitive closure of the establishment."

From the National Assembly's statement:

March 11, 2020. The National Assembly approved today the Plant Protection Law Initiative of Nicaragua, a new modern legal framework that will allow the protection and increase of plant health in the country, preventing the introduction and spread of pests and contributing to the sustainable development of agricultural production activity.

The new Act, which consists of 95 articles, ensures the phytosanitary conditions required for the production and international trade of national agricultural products and will also enable Nicaragua to comply with its commitments under the international agreements signed on the subject of phytosanitary issues.

During the period of discussion on the initiative, deputies of the Sandinista party assessed the need to update and harmonize the phytosanitary laws and standards to ensure food security and meet the requirements of international agricultural trade.

Deputy Walmaro Gutierrez, president of the Production, Economy and Budget Commission, stressed that this law will ensure that plant based products reach the Nicaraguan people as consumers in a clean way to guarantee health and life.

At the same time, he highlighted the dynamism of the new legislation, since the previous law is about 22 years old, while over time there have been changes in international standards on sanitary and phytosanitary measures, leaving the Nicaraguan legislation behind.

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The business sector in Nicaragua believes that the bill under discussion in the Assembly, which empowers the government to fine agricultural producers if they fail to comply with approved phytosanitary standards, has excessive discretion.

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