Summary.
The bill establishes a penalty regime for individuals and legal entities that bring animal or plant foods intended for direct or processed human consumption into the Republic of Panama (República de Panamá) without the required phytosanitary or animal health permits and food safety authorization, for distribution, sale, or other marketing. It would apply throughout the national territory and be administered by health, customs, and agricultural and rural authorities. Its stated purposes cover food sovereignty, agricultural health, fiscal and health controls over food imports, and the protection of domestic agricultural production and employment.
The text defines foods of animal and plant origin, phytosanitary and animal health permits, food safety and food sovereignty, and agricultural production. It also defines customs territory and customs and health controls. Its food safety definition refers to the Ministry of Health (Ministerio de Salud) of the Republic of Panama; its customs control definition assigns responsibility to the National Customs Authority (Autoridad Nacional de Aduanas).
Under the administrative provisions, the Ministry of Health and the Panamanian Food Agency (Agencia Panameña de Alimentos) would jointly assign qualified staff to conduct health controls in border areas and detect irregularities in food entry. The National Customs Authority would provide space for those controls at customs territory checkpoints. Public officials stationed at customs and health checkpoints would be responsible for filing criminal complaints concerning possible food smuggling offenses. Administrative controls at customs checkpoints would be incorporated into the National Development Plan for the Agricultural and Rural Sector (Plan Nacional de Desarrollo de Sector Agropecuario y Rural). The Ministry of Economy and Finance (Ministerio de Economía y Finanzas) would approve the structural changes and budget allocations required by the agencies responsible for border health controls.
The bill adds a Food Smuggling Offenses section to the Criminal Code (Código Penal). It proposes four to six years of imprisonment for bringing into or taking out of customs territory food or goods intended for human consumption while evading food and beverage import permits. It prescribes five to eight years for selling, distributing, or marketing without the relevant health permits under the conditions described in Article 311-B. The same penalty is proposed for the transport, storage, repackaging, disruption of traceability, relabeling, mixing, or processing described in Article 311-C. A public official who permits, facilitates, participates in, or benefits from the conduct specified in Article 311-D would face six to eight years of imprisonment. These additions would form part of the Criminal Code adopted by Law 14 of 2007 (Ley 14 de 2007). The proposed law would take effect the day after its promulgation.
The bill concerns the Ministry of Health, the Panamanian Food Agency, the National Customs Authority, and the Ministry of Economy and Finance. Its provisions could also affect food importers, distributors, traders, carriers, and producers in the agricultural and food sectors.
What it proposes.
- Health and customs controls over foods of animal or plant origin.
- Administrative responsibilities at border checkpoints.
- Offenses and penalties involving food brought in without required permits.
Who it would affect.
- Individuals and legal entities that bring in, take out, or market foods covered by the bill.
- Persons who transport, store, or handle the specified food products.
- Public officials involved in the entry and control of those foods.
- Health, customs, and agricultural and rural authorities.
Key points.
- The proposed regime covers the entry of food for human consumption without required health permits when intended for distribution, sale, or marketing.Arts. 1-2
- The bill states purposes concerning food sovereignty, agricultural health, import controls, and domestic production, and defines its terms.Arts. 3-4
- The Ministry of Health and the Panamanian Food Agency would assign staff for border health controls, while the National Customs Authority would provide space for them.Arts. 5-6
- Checkpoint officials would file complaints concerning possible food smuggling offenses, and administrative controls would be incorporated into the specified sector plan.Arts. 7-8
- The Ministry of Economy and Finance would approve the structural changes and budget allocation required for border health controls.Art. 9
- A food smuggling section would be added to the Criminal Code, with penalties for entry or removal while evading permits and for marketing without the relevant health permits.Arts. 10-12
- Penalties are proposed for specified operations involving products brought in without permits and for public officials involved in or benefiting from the described conduct.Arts. 13-14
- The bill identifies the articles it would add to the Criminal Code and provides for commencement the day after promulgation.Arts. 15-16