Summary.
Article 2 proposes adding Chapter XII, entitled Offenses Against Food Security, to Title IX on Offenses Against Collective Security in Law 14 of April 26, 2007, which adopts the Criminal Code (Código Penal) of the Republic of Panama (República de Panamá). The addition would place proposed Articles 337-A and 337-B within the provisions on offenses against collective security. The first article describes conduct involving the introduction of food products into the national territory; the second extends the penalty to other persons connected with that conduct.
Under proposed Article 337-A, the offense would apply to anyone who introduces food products of plant or animal origin intended for human consumption, whether direct or processed, for sale, distribution or marketing within the national territory without phytosanitary and food safety permits issued by the competent authorities. The provision also requires that the conduct threaten national food sovereignty or national agricultural production. For a person who engages in the described conduct, the draft bill establishes imprisonment for six to eight years. The provision covers food intended for direct consumption and food intended for consumption after processing, in each case in the context of its sale, distribution or marketing.
Proposed Article 337-B provides that the same penalty would apply to a public servant or public official who, through an act, omission or negligence, allows, facilitates, assists or participates in the commission of the offense described in the preceding article, or benefits from it. It would also reach a natural or legal person who stores, repackages, relabels, combines or processes food products introduced through that conduct with domestically produced food products. The provision further includes a natural or legal person who transports food products introduced into the national territory under the conduct described in proposed Article 337-A. In each of these cases, Article 337-B refers back to the penalty established for introducing those products.
Article 3 provides that the proposed law would take effect upon its promulgation. The proposed amendment consists of incorporating the new chapter and its criminal provisions into the Criminal Code adopted by Law 14 of April 26, 2007. Its subject matter concerns the authorities responsible for issuing phytosanitary and food safety permits and public servants who engage in the described conduct. It could also interest or affect those who import, sell, distribute, market, store, repackage, relabel, combine, process or transport food products, as well as the agricultural sector in the Republic of Panama.
What it proposes.
- Offenses against food security.
- Introduction of food products without phytosanitary and food safety permits.
- Criminal liability for involvement with, handling or transporting those products.
Who it would affect.
- Persons who introduce the described food products into the national territory.
- Public servants or officials connected with the commission of the offense.
- Natural or legal persons who handle or transport those products.
Key points.
- Adds Chapter XII on Offenses Against Food Security to Title IX of Law 14 of April 26, 2007.Art. 2
- Defines an offense involving the introduction, for sale, distribution or marketing, of plant or animal food products intended for human consumption without the required permits, where the conduct threatens national food sovereignty or agricultural production.Art. 2
- Sets imprisonment for six to eight years for the conduct described in proposed Article 337-A.Art. 2
- Extends that penalty to a public servant or official whose act, omission or negligence connects them with the commission of the offense, or who benefits from it.Art. 2
- Extends the penalty to anyone who stores, repackages, relabels, combines or processes products introduced through that conduct with domestically produced food.Art. 2
- Applies the same penalty to a natural or legal person who transports products introduced through the described conduct.Art. 2
- Provides that the proposed law would take effect upon promulgation.Art. 3