Summary.
The bill proposes adding Section 1 to Chapter IV of Title IX of the Criminal Code (Código Penal), under the heading Food Smuggling Offenses. The section would contain Articles 311-A, 311-B, 311-C and 311-D. The text places these provisions in the chapter on offenses against public health, within the title governing offenses against collective security. The additions concern the consolidated text of the Criminal Code, adopted through Law 14 of 2007 (Ley 14 de 2007).
Proposed Article 311-A would punish anyone who brings into or takes out of the country food of animal or plant origin intended for human consumption, whether consumed directly or processed, while evading phytosanitary or animal health permits and food safety permits issued by the competent authorities. The proposed penalty is four to six years of imprisonment. The provision covers both entry and exit of the food and ties the offense to evasion of the applicable permits.
Proposed Article 311-B addresses transactions within the national territory. It would punish anyone who sells, distributes or markets food of animal or plant origin intended for human consumption, whether consumed directly or processed, without the phytosanitary or animal health permits and food safety permits issued by the competent authorities. Selling, distributing or marketing the food under those conditions would carry a penalty of five to eight years of imprisonment.
Proposed Article 311-C sets a penalty of five to eight years of imprisonment for a person shown to have knowingly transported, stored, repackaged, broken the traceability of, relabeled, combined or processed food of animal or plant origin intended for human consumption, whether consumed directly or processed, within the national territory. The provision lists these acts involving the food and requires proof that the person acted knowingly.
Proposed Article 311-D applies to public servants. It would impose six to eight years of imprisonment on a public servant who, through action, omission or negligence, permits, facilitates, assists with, participates in or benefits from the entry, sale, distribution, marketing, transport, storage, repackaging, relabeling, combining or processing, within the national territory, of food of animal or plant origin for human consumption that does not meet the applicable permit requirements.
The bill provides that the proposed law would take effect on the day following its promulgation. Its provisions concern the competent authorities that issue phytosanitary, animal health and food safety permits. They could also affect public servants and those engaged in importing, exporting, transporting, storing, processing, distributing or trading food.
What it proposes.
- Food smuggling offenses involving food intended for human consumption.
- Phytosanitary, animal health and food safety permits.
- Prison terms for the specified acts involving such food.
Who it would affect.
- Persons who bring food of animal or plant origin into or out of the country.
- Persons who sell, distribute or market such food within the national territory.
- Persons who knowingly perform the listed acts involving such food.
- Public servants involved in the acts covered by the bill.
Key points.
- The bill would create a Criminal Code section entitled Food Smuggling Offenses.Art. 1
- Bringing the food into or out of the country while evading the required permits would carry four to six years of imprisonment.Art. 2
- Selling, distributing or marketing such food within the national territory without the required permits would carry five to eight years of imprisonment.Art. 3
- Knowingly transporting, storing, repackaging, breaking the traceability of, relabeling, combining or processing such food would carry five to eight years of imprisonment.Art. 4
- A public servant's involvement through action, omission or negligence in the specified acts concerning food without the required permits would carry six to eight years of imprisonment.Art. 5
- The new articles would form part of the chapter on offenses against public health in the consolidated text of the Criminal Code.Art. 6