P.R. Laws tit. 5, § 420d

2019-02-20 00:00:00+00
§ 420d. Regulations

The Secretary of Agriculture is hereby vested with the powers and faculties to promulgate the standards and regulations which he might deem necessary to establish the terms and conditions for the granting of benefits in the different phases of the program, which shall have force of law in compliance with the requirements established in §§ 2101 et seq. of Title 3. On doing so, the following general standards must prevail:

(1) The Land Authority of Puerto Rico and the Sugar Centrals shall only participate in the benefits provided in subsection (a) of § 420a of this title when, in the judgment of the Secretary of Agriculture, any portion has not been used of the amount appropriated therein.

(2) The incentive for renewal of plantings or for new plantings of cane shall be greater according to the increase of the percent of the area to be renewed or planted in relation with the total area of cane of each farmer.

(3) The renewal of plantings or new plantings of cane shall be done in accordance with acknowledged methods of acceptance.

(4) The Secretary of Agriculture may experiment with a limited number of farmers any other additional incentive or in substitution to that granted for renewal or new plantings of cane, provided that its aim will be a greater production of sugar as a result of having followed on the part of the farmer an established combination of farming practices.

(5) The resources for the adaptation of machinery and equipment provided in subsection (c) of § 420a of this title shall be used to act through agreements with public or private entities, taking into consideration the points of view of the labor organizations where they exist or directly, in the acquisition and/or adaptation of cane cutting machines with a good adaptability potentiality to one or more sugarcane zones in Puerto Rico.

(6) The studies referred to in subsection (f) of § 420a of this title shall include among other aspects the following: facilities for receiving the cane in the centrals; systems of samples and laboratory analysis of the sugarcane juices; cane washing systems; determination of foreign matter; efficiency of the sugar processing methods, commercial value of the bagasse; and other studies.

(7) Among the improvements referred to in subsection (g) of § 420a of this title the following among others may be included: improvements of the system for the receiving of cane at the central, establishments and improvements of cane washing conveyors, installations or improvements of the machinery and equipment for the extraction and crystallization of cane juices. The Secretary of Agriculture before binding himself to any contribution, shall impart his approval to the installation or improvement to be made. The contribution of the Government shall not be greater than half of the cost of the installation or improvement. Within the limits of the said contributions it shall be seen to that the contribution be granted so that the central of least economic capacity shall have a greater contribution, considering the continuity perspective in the operation.

(8) The Secretary of Agriculture shall annually establish the maximum contributions for the carrying out of each one of the practices eligible under this program. In no case shall the contribution or incentive exceed two-thirds of its cost, except on special cases and upon the previous approval of the Governor, or of the officer in whom he may delegate, shall a greater contribution or incentive be made or paid. In those cases in which one year prior to the taking of effect of this act, improvements have been begun or have been made, which may effectively attain the objectives sought in subsections (c), (d) and (g) of § 420a of this title, the Secretary shall have the authority and discretion, if the case or cases, in his judgment, so deserve, to consider such improvements with the right to receive the incentives herein provided. Provided, That in those cases in which the Secretary took into consideration and compensated for investments made prior to the date of the taking effect of this act, the Secretary is hereby relieved from granting additional incentives.

History —Dec. 6, 1966, No. 1, p. 3, § 5; Apr. 26, 1968, No. 27, p. 44; June 24, 1971, No. 109, p. 350.