1. Profile
    1. Basic legislation
    2. Legal definition
    3. Guidelines and codes of conduct
    4. International arrangements
  2. Planning
    1. Authorization system
    2. Access to land and water
    3. EIA
  3. Operation
    1. Water and wastewater
    2. Fish movement
    3. Disease control
    4. Drugs
    5. Feed
  4. Food safety
    1. Miscellaneous
      1. References
        1. Legislation
        2. Related resources
      2. Related links
        Basic legislation
        In Colombia aquaculture is mainly conducted at the rural level as activity complementary to agriculture. Law No.13 of 1990 (Law Nº 13 of 1990 - General Fisheries Statute) and its implementing Decree No. 2.256 of 1991 (Decree Nº 1840 of 1994 – Regulating article 65 of Law 101 of 1993), constitute the basic legal framework for aquaculture in Colombia. Under this framework the central authority for the general administration and management of fisheries is the Ministry of Agriculture and Rural Development (MADR) (Ministerio de Agricultura y Desarrollo Rural) (as confirmed by Decree Nº 1985 of 2013, Article 1, second paragraph).

        Law Nº 13 of 1990 also constitutes the General Statute of Fisheries (Estatuto General de Pesca) and outlines, together with its regulatory Decree Nº 2256 of 1991, the functions of the entity in charge of its implementation. Initially, the National Institute of Fisheries and Aquaculture (INPA) (Instituto Nacional de Pesca y Acuicultura) was created as the entity annexed to the MADR and in charge of implementation. However, this entity was liquidated in 2003. Currently, the National Authority of Aquaculture and Fisheries (AUNAP) (Autoridad Nacional de Acuicultura y Pesca), created by Decree Nº 4181 of 2011, is in charge of all functions originally vested on the INPA.

        Besides these two essential legal instruments there is a wide variety of laws, agreements and resolutions. Among them, the most relevant are Law No.99 of 1993 (Law Nº 99 of 1993 – Creating the Ministry of Environment, reorganizing the Public Sector in charge of management, and other provisions), Law No.101 of 1993 (Law Nº 101 of 1993 – General Law of Agriculture and Fisheries Development), and Law Nº 811 of 2003 (Law Nº 811 of 2003 – Creating the organizations of chains in the agricultural, fisheries, forest, aquaculture sectors, and other provisions).

        Other legislative instruments include i. Law Nº 1731 of 2014, by which measures for financing and re-activating the agricultural sector were adopted, ii. Decree Nº 1071 of 2015 which is the Single Regulatory Decree (Decreto Único Reglamentario) in the agriculture, fisheries and rural development administrative sectors, iii. Decree Nº 1780 of 2015 which added to Decree Nº 1071 of 2015 regulations about the adoption of measures for administering, fostering, and controlling aquaculture activities, and iv. Decree Nº 440 of 2016 which modifies Decree Nº 1071 of 2015 in aspects related to the management of abandoned land for its restitution within the framework of transitional justice in civil and agricultural spheres.

        The administration of the fisheries and aquaculture sectors is led by MADR and its affiliated entities. The most relevant affiliated entities, with legal personality and jurisdiction over subject matters relating to aquaculture, are the Colombia Agricultural Institute (ICA) (Instituto Colombiano Agropecuario) and the National Authority of Aquaculture and Fisheries (AUNAP) (Autoridad Nacional de Acuicultura y Pesca).

        As indicated in Law Nº 13 of 1990, the central authority in charge of the administration and execution of public policies formulated by the Government through the MADR, was the National Institute of Fisheries and Aquaculture (INPA) (Instituto Nacional de Pesca y Acuicultura). Nevertheless, the INPA was liquidated and replaced by the Colombian Institute of Rural Development (INCODER) (Instituto Colombiano de Desarrollo Rural) by the Decree Nº 1293 of 2003. More recently, INPA’s former functions were fully transferred to the AUNAP by Decree Nº 4181 of 2011.

        The AUNAP was created in 2011 as an Administrative Special Unit annexed to the MADR. Under Decree Nº 4181 of 2011, the objectives of the AUNAP are “acting as the authority for fisheries and aquaculture in Colombia, advancing processes of planning, research, development, regulation, registration, information, inspection and control of fisheries and aquaculture activities, and applying sanctions. These objectives are to be developed within a policy framework that encourages the sustainable development of fisheries”. Hence, the AUNAP is the entity operating at the national level under the mandate of the MADR, in charge of the general administration and execution of fisheries policies formulated by the MADR. Further, the AUNAP grants authorizations, permits, licences and concessions for fisheries and aquaculture.

        In addition to the AUNAP, there are two relevant agencies regulating activities related to aquaculture. As a result of the formulation of new decrees created in 2015 to work towards an institutional reform, the INCODER was liquidated by the Decree-Law Nº 2365 of 2015, and its exclusive functions transferred to two new agencies. The new agencies are the National Agency of Land (Agencia Nacional de Tierras) and the Rural Development Agency (Agencia de Desarrollo Rural), created by the Decree-Laws Nº 2363 of 2015 and Nº 2364 of 2015, accordingly.

        Public policy for fisheries and aquaculture in Colombia is developed by the National Government through the MADR. The Bureau of Fisheries and Aquaculture (Dirección de Pesca y Acuicultura) is the division of the MADR in charge of aquaculture. The division’s main function is to coordinate the execution of policies for fisheries and aquaculture in Colombia. In general, the Bureau is in charge of the formulation of policies and strategic guidelines for the activity of aquaculture, as well as addressing other related aspects. Lastly, the Bureau is responsible for monitoring and providing support to the activities of the AUNAP.
        Legal definition
        Decree Nº 2811 of 1974 and Law Nº 13 of 1990 define aquaculture as “the cultivation of living aquatic species with appropriate techniques in a natural or artificial environment and, generally, under control” (el cultivo de organismos hidrobiológicos con técnicas apropiadas, en ambientes naturales o artificiales, y generalmente bajo control).
        Guidelines and codes of conduct
        There are no guidelines or codes of conduct on aquaculture.
        International arrangements
        Colombia is party to:

        A. Organizations of Global Membership
        • World Trade Organization (WTO). The WTO is a multilateral organization whose main goal is the promotion of free trade.
        • The Food and Agriculture Organization of the United Nations (FAO).
        The FAO has developed a variety of relevant instruments for the development of aquaculture in Colombia. Among them the Code of Conduct for Responsible Fisheries.
        • World Organization for Animal Health (OIE). The OIE is responsible for the development of norms contained under voluntary instruments such as the Aquatic Animal Health Code and the Manual of Diagnostic Tests for Aquatic Animals.
        • The Codex Alimentarius.
        The Codex Alimentarius was jointly established by FAO and the World Health Organization (WHO) in 1963. By means of its international food standards, guidelines and voluntary codes of practice, the Codex contributes to food safety in connection with international trade. The Codex produces instruments containing standards in diverse food-related fields. In relation to aquaculture, the “Code of Practice for Fish and Fishery Products” is of special relevance.

        B. Regional Fisheries Management Organizations
        • Permanent Commission for the South Pacific (CPPS)
        • Inter-American Tropical Tuna Commission (IATTC)
        • Western Central Atlantic Fishery Commission (WECAFC)
        • South Pacific Regional Fisheries Management Organisation (SPRFMO)
        • Centre for Marketing Information and Advisory Services for Fishery Products in Latin America and the Caribbean (INFOPESCA)
        C. Environmental agreements
        • Convention on International Trade and Endangered Species of Wild Fauna and Flora (CITES)
        • Convention on Biological Diversity (CBD)
        • Cartagena Protocolo on Biosafety
        • Rio Declaration on Environment and Development
        D. Conventions of the law of the sea
        • Convention on Fishing and Conservation of the Living Resources of the High Seas (CFCLR)
        • United Nations Convention on the Law of the Sea
        Authorization system
        Law Nº 13 of 1990 and its Decree Nº 2256 of 1991 determine that having a permit for aquaculture, known as culture permit (permiso de cultivo), is required to conduct aquaculture related activities. Starting in 2011 and according to Decree Nº 4181 of 2011, the AUNAP issues these permits by an Administrative Act. A permit for aquaculture is non-transferable.

        The AUNAP established in Resolution Nº 601 of 2012 that a permit and patents requests related to aquaculture must be submitted to the AUNAP, in any of its national offices. Specific requirements and the necessary documents are listed in the resolution. To conduct a commercial aquaculture activity a permit must be obtained and its maximum duration is ten years. The AUNAP is the authority in charge of its processing, issuing and examination. Article 92 of Decree Nº 2256 of 1991 provides that the content of the culture permit includes:
        1. Identification of the permit holder.
        2. Location of the activity and area of the project.
        3. Name of the watercourse or waterbody that will be used for aquaculture and identification of the required use permit or concession for public areas.
        4. Authorized species for cultivation and production volumes estimates.
        5. Authorized activities: incubation, breeding, fattening, reproduction, processing and trade.
        6. Authorization to capture parental stocks, when required.
        7. Permit expiry date.
        8. Grounds for revocation and sanctions for non-compliance.
        9. Production purpose.
        10. Requirements for extension.
        11. Obligation to present reports on a regular basis, as established.
        In addition to the permit, Article 92 of Decree Nº 2256 of 1991 estates that the permit holder shall request before the pertinent authority the rights to use land, waters, coasts, beaches or river beds, or sea beds necessary for the development of the activity. These other requirements are explained in the following section.
        Access to land and water
        According to Article 44 of the Decree Nº 2256 of 1991, the Areas Intended for Aquaculture Purposes (Zonas con vocación para la acuicultura) are those that fulling the scientific, ecologic, and technic conditions for the culture of aquatic species. Accordingly, in addition to holding a permit for the conduct of aquaculture activities, a permit depending on the geographic area where the activity takes place is required.

        Currently, the AUNAP is the entity responsible for the identification of areas intended for aquaculture purposes in coordination with the Farming Rural Planning Unit (UPRA) (Unidad de Planeación Rural Agropecuaria). This identification must be done taking into consideration the need of national development of aquaculture in the national territory. After the identification, the AUNAP suggests to the MADR potential areas for their incorporation within the land development plans of the National Government.

        Colombia possesses three suitable areas for aquaculture. These are the Pacific Ocean, the Caribbean and the continental areas. Given that each area is under the jurisdiction of different entities, it is the responsibility of the permit holder to obtain the additional permits to access land and water. The required permits include the right to use the land, water, coasts, beaches and river beds or sea beds seas, accordingly.

        a. Maritine Acuaculture

        Under the terms of Decree Nº 2324 of 1984 Decree No.2324 of 1984, in the case of maritime aquaculture, a concession must be obtained before the General Maritime Bureau of the National Defence Ministry (DIMAR) (Dirección General Marítima del Ministerio de Defensa Nacional), which is the authority regulating, authorizing and monitoring concessions and permits in waters, tide lands, beaches and other goods of public use in areas of jurisdiction

        b. Continental aquaculture

        Under Decree Nº 1541 of 1978 for the regulation of non-maritime waters, it was established that the conduct of aquaculture in continental waters requires a Waters Concession for each natural or legal person, either private or public.

        The administration of public and private non-maritime waters is under the Ministry of Environment and Sustainable Development (Ministerio de Ambiente y Desarrollo Sostenible). A concession permit of surface waters must be requested before this Ministry and it can be issued by a resolution for a maximum duration of ten years. Concessions are issued for the use of public waters. Areas of public use are:
        • Rivers and other waters flowing on natural streams.
        • Waters from natural streams flowing on artificial streams.
        • Lakes, lagoons, swamps and marshes.
        • Private waters not in use for at least three years.
        • Other waters as long as they do not spring or end inside the same premises.
        The request presented before the Ministry of Environment and Sustainable Development must contain information relating to:
        1. Information of the requestor: names and last names of the requestor, identity document, domicile, and nationality. If the requestor is a legal person, either public or private, company name, domicile, name and address of legal representative.
        2. Name of the stream from which the water is expected to be taken, or where the water will be used.
        3. Name of the premises, municipalities or communities benefiting from the activity, and its jurisdiction.
        4. Information about the use that will be given to the water.
        5. Quantity of water that will be used in litters per second.
        6. Information about the systems that would be adapted for capacity-building, distribution and drainage, about investments, and the terms of development.
        7. Information if the establishment of a servitude is requires, either for the use of water or the construction of append civil works.
        8. Term for which the concession is requested.
        9. Extension and type of culture that would be used.
        10. Other information requested by the Ministry of Environment and Sustainable Development.
        c. Archipelago Department of San Andres, Providencia and Santa Catalina

        The Decree Nº 2668 of 2012 regulated Law Nº 915 of 2004, which issued the Borders Statute for the Social and Economic Development of the Archipelago Department of San Andres, Providencia and Santa Catalina (Estatuto Fronterizo para el Desarrollo Económico y Social del Departamento Archipiélago de San Andrés, Providencia y Santa Catalina). According to this decree, the Department Board of Fisheries in the Archipelago of San Andres, Providencia and Santa Catalina (Junta Departamental de Pesca del Archipiélago de San Andrés, Providencia y Santa Catalina), is the organ in charge of granting concessions, authorizations and permits required for conducting aquaculture activities. Specially, the Board must consider the following minimum criteria at the moment of evaluating applications:
        1. Aquaculture activities shall be conducted in areas where they do not disturb touristic activities, such as beaches, bathing areas, areas for nautical sports and similar sports, and sailing. In all cases, the Board shall evaluate the areas subject of the request for aquaculture projects while taken into account all other activities also conducted in the area.
        2. The Board shall not approve under any circumstances aquaculture projects that concern invasive species or non-native species.
        3. Aquaculture projects shall guarantee the creation of new employment opportunities through the recruitment of local labour, who comply with their migration requirements duly defined by the entity in charge of control, movement and residence of people in the Archipelago.
        4. 4. The Board will give priority to aquaculture projects on behalf of the Raizal Community, associations, NGOs and enterprises with registered office in the Archipelago Department. As well as to those presented on behalf of vulnerable population such as single mothers.
        Under Law Nº 99 of 1993, the introduction of exotic species of flora and fauna that could negatively affect natural ecosystems and wild life is subject to a licence that the Ministry of Environment and Sustainable Development issues. Under Article 2 of Law Nº 99 of 1993 and in line with Decree-Law Nº 3570 of 2011, the Ministry of Environment and Sustainable Development is the entity responsible for granting environmental licenses for aquaculture. It is important to mention that environmental licenses must be obtained before starting any activity. The term of the license is equal to the term of the activity as determined by the permit for aquaculture and the concession permit (for a maximum period of ten years).

        Relevant authorities granting licenses are the Ministry of Environment and Sustainable Development, Autonomous Regional Corporations (Corporaciones Autónomas Regionales), corporations for sustainable development, municipalities, districts and metropolitan areas.

        The procedure to obtain an environmental license starts with a request before the competent authority to establish whether it is necessary to perform an Environmental Assessment of Alternatives (Diagnóstico Ambiental de Alternativas). When the assessment is necessary, it must contain:
        • Information about the location and characteristics of the geographic, environmental and social context of the alternatives to the project.
        • A comparative risk analysis of the effects and risks of the project.
        • Potential solutions, control and mitigation measures for each alternative.
        After, the authority may require an Environmental Impact Assessment (Estudio de Impacto Ambiental) considering one or more of the alternatives to the project. The evaluation of each of the alternatives shall contain the following information:
        • Location of the project.
        • Abiotic, biotic elements and socio-economic that may be negatively affected by the project.
        • Impact assessment.
        • Description of the prevention, mitigation, correction and compensation plans.
        • Environmental management plan for the project.
        Environmental Impact Assessments must be jointly presented with the environmental permit request. Lastly, the authority issues a resolution either granting or refusing the license.
        Water and wastewater
        Decree Nº 3930 of 2010 recognizes aquaculture as one of the activities intended for the use of water. Article 9 specifies, “use of water in fishing entails mariculture and aquaculture for activities of reproduction, surviving, harvesting, extraction and use of hydrobiological species in any form, without causing any alterations to the ecosystems where the activities take place”.

        According to this Decree Nº 3920, all natural and legal person whose activity or service generate water discharges into surface waters, maritime waters, or soil, may request and process before the competent authority the required discharge of wastewater permit. The applicant who requests such permit must submit an application containing the following:
        1. Name, address, identification of the requestor, or business name if the requestor is a legal person.
        2. Duly authorized power attorney, when applicable.
        3. Authorization by the owner when the requestor wants to be holder of a permit without holding ownership of the business.
        4. Updated certificate of the public and private instruments concerning ownership of the premises, or proof of possession.
        5. Name and location of the premises, project, work or activity.
        6. Cost of the project, work or activity.
        7. Information about the source of water supply, indicating the water basin to which it belongs.
        8. Characteristics of the activities that generate the discharge of wastewater.
        9. Plan indicating origin, quantity and geo-reference location of the wastewater discharges to any water basin or soil.
        10. Name of the water receiver force, indicating the water basin to which it belongs.
        11. Discharge stream expressed in litters per second.
        12. Frequency of discharges expressed in days per month. Duration of the discharge expressed in hours per day.
        13. Kind of discharge flow indication whether it is continuing or intermittent.
        14. Current characterization of the discharge or final state as projected in line with the relevant water discharge norms in force.
        15. Location, description of the system operation, technical records, concept and basic engineering designs, detailed plans of the treatment system and efficiency conditions for the treatment system to be adopted.
        16. Land use certificate issued by the relevant municipal authority.
        17. Environmental assessment of the water discharge.
        18. Risk management plan for the water discharge.
        19. Proof of payment for the delivery of the water discharge permit assessment.
        20. All other aspects considered necessary by the relevant environmental authority in charge of issuing the permit.
        Fish movement
        Introduction of non-native species

        Article 1 of Decree Nº 1780 of 2015 establishes that it is possible to culture all native and foreign species introduced, or those introduced under agreement with the Ministry of Environment and Sustainable Development and the AUNAP.

        Decree Nº 1780 of 2015 establishes that once the Ministry of Environment and Sustainable Development has rendered its opinion about environmental risks and management related to the introduction of species into the national territory for aquaculture, the AUNAP can declare these species as domesticated. This declaration is to be made through an administrative act based on technical considerations and without prejudice to legal norms in force in Colombia relating to biosafety, public health and animal health. According to the decree, species declared as domesticated are not to be considered invasive.

        Nevertheless, Decree Nº 1780 of 2015 prohibits release activities and/or repopulation with species declared as domesticated by the AUNAP. Accordingly, aquaculture with domesticated species can only be conducted in confined areas.

        Imports and exports

        In line with Colombia’s obligations under the SPS Agreement of the WTO, an animal health certificate is required to import or export living fish, shellfish and/or crustaceans in all facets of development and products. This includes gametes and fertilized fish eggs, crustaceans and shell fish. This document is also necessary for animal feed containing raw materials of animal origin, as well as for organic products and microorganisms.

        The AUNAP is in charge of the authorization of imports or exports related to aquaculture before any further actions for customs authorities. For instance, the AUNAP periodically evaluates the need to import fertilized eggs, larvae, post-larvae, alevinos, and breeding of aquatic species for aquaculture purposes.

        The Colombian Agricultural Institute (ICA) (Instituto Colombiano Agropecuario), annexed to the MADR, is the main authority for sanitary control and certification of imports and exports of animals and their products. The purpose of ICA’s monitoring and control is preventing illnesses that may affect animal health from entering the national territory. Resolutions Nº 3336 of 2004 and 1418 of 2006 establish the requirement of an Animal Health Certificate for imports and exports of some aquatic animals’ products, as well as the exceptions to the requirement.

        The Animal Health Certificate of Import issued by the ICA is valid only for one shipment and has a duration of 90 calendar days starting from its issuing date. Similarly, an Animal Health Certificate of Export is issued by the ICA once the conditions demanded by the country of destination have been fulfilled. Given that the conditions vary from country to country, the validity of the certificates for export depends on regulations of the country of destination.

        Lastly, Resolution Nº 1418 of 2006 establishes that as a result of the negligible risks presented by imports of processed, refrigerated and frozen aquaculture products, Colombia does not require any Animal Health Certificate for imports of these products for human consumption. Examples of these products are canned food and dried fish.
        Disease control
        Decree Nº 3518 of 2006 creates and regulates the Public Health Monitoring System (Sistema de Vigilancia en Salud Pública). The entities responsible for the implementation are jointly the Ministry of Health and Social Security (Ministerio de Salud y Protección Social), the National Institute of Health (Instituto Nacional de Salud) the National Institute of Drugs and Food Control (INVIMA) (Instituto Nacional de Vigilancia de Medicamentos y Alimentos), Departmental Authorities, District and Municipal Authorities, Administrative Entities of Health Benefits Plans, Reporting Units and Primary Information Generating Units. Article 39 of this Decree Nº 3518 of 2006 lists the following preventive sanitary measures with the objective of preventing and controlling the occurrence of an event threatening general public health:
        1. Isolation of sick people and/or animals.
        2. Quarantine of healthy people and/or animals.
        3. Vaccination and other preventing measures for people and animals.
        4. Control of disease and toxic agents.
        5. Vacating or evicting from establishments or houses.
        6. Temporary or full closing of establishments.
        7. Partial or full suspension of works or services.
        8. Confiscation of objects or products.
        9. Destruction or de-naturalization of items if necessary.
        10. Freezing or temporal suspension of sale or use of products and objects.
        The main authority managing animal health is the ICA, which collaborates with the Ministry of Health and Social Protection. Animal disease control is specifically covered by Decree Nº 1840 of 1994 for the management of animal health, plant health and agricultural raw materials. This decree also regulates animal genetic material, harvesting seeds, and disease control and management.

        The measures listed under this decree for disease control and prevention are:
        1. Prevention, control and eradication campaigns, and controls of diseases, plagues and other harmful organisms for plants, animals and their products.
        2. Animal and plant sanitary and epidemiological diagnosis and monitoring.
        3. Quarantine sanitary and phytosanitary measures.
        4. Sanitary quality, safety and efficiency control of biologic and chemical products. When these products are used or applied in plants, animals, their products or soil.
        5. Technical control of production, commercialization and use of agricultural raw materials.
        6. Technical quality control of seeds for harvesting and of animal genetic material.
        7. Registry, control and testing to guarantee plant variety protection.
        8. Certification of public or private legal persons, through contracts or agreements to perform activities related to agricultural safety and technical control of agricultural row materials.
        9. Any other relatad measure.
        While the ICA is the relevant authority for production, technical and scientific control, and commercialization of veterinary drugs, the INVIMA is in charge of sanitary monitoring and quality control of drugs. The ICA also regulates the use of veterinary drugs and chemicals and controls the entrance, commercialization and exit from and to the country of aquaculture products which exceed the maximum levels of chemical residues accepted in Colombia and internationally. Two resolutions of the ICA are of especial relevance: Resolution Nº 3826 of 2003 and Resolution Nº 3759 of 2003.

        Resolution Nº 3826 of 2003 establishes Good Manufacturing Practices for productive enterprises working by contract and producing veterinary drugs. The ICA verifies the implementation and compliance with these practices, directly and via the Technical Units registered for these purposes with the ICA.

        Resolution Nº 3759 of 2003 of the ICA regulates the registry and control of chemical pesticides for agriculture. According to this resolution, only natural and legal persons holding a registry with the ANC-ICA and according to the specific requirements, can manufacture, import, export, pack and distribute chemical pesticides for agriculture.

        In regards to the functions of the INVIMA, Law Nº 1122 of 2001 gives exclusive jurisdiction to INVIMA to evaluate risk factors and formulate sanitary measures related to food and food raw materials. Other functions delegated to this entity are inspection, monitoring and control of food safety in imports and exports of food and food raw materials entering or exiting the country. The acceptable reference levels for residues of veterinary drugs and other chemical substances, which are present in living animals and other aquaculture products, follow the EU Council Directive 96/23/CE (including modifications and annexes), when they are for export to the European Union.

        The Maximum Residue Level (MRL) of veterinary drugs and other chemical substances used in aquaculture, is determined in Colombia by recommendations contained in the Codex Alimentarius and regulation CEE 2377/90.
        With the purpose of guaranteeing the safety of the end product of aquaculture, the ICA is the entity that controls production, commercialization and use of food, additives and mineralized salt used for animal feed. For such purpose the ICA registers and monitors the activities and procedures of quality control laboratories and laboratories importing raw materials.

        Resolution Nº 1056 of 1996 of the ICA contains norms for technical control of agricultural raw materials. Among the measures indicated in this resolution there are Good Manufacturing Practices, registration of contract producers and importing laboratories, technical direction by a veterinary doctor, and registry of products for commercialization.
        Food safety
        Law No.9 of 1979 establishes general norms with the objective of maintaining, restoring and improving sanitary conditions related to human health. This law also contains general norms related to the procedures and measures regulating and monitoring residues and other discharges that may affect the environment and its sanitary conditions. Additionally, more recent resolutions and decrees have modified and regulated this law to adapt it to specific conditions. Two of these more specific instruments will be explain next.

        Firstly, Decree Nº 561 of 1985 regulates Title V (Food) of Law Nº 9 of 1979 that contains sanitary measures concerning captures, processing, transport and sale of fish products. They apply to fish and aquaculture products captured, processed, transported, commercialized or consumed in Colombia. In particular, Decree Nº 561 specified the quality standards for each type of living, fresh or processed fish product. The decree also regulates the processing of fishing products on board of a fishing vessel and inside fish processing plants.

        Second, Resolution Nº 604 of 1993 of the Ministry of Health also regulates Title V (Food) of the Law Nº 9 of 1979, in regard to the sanitary conditions for the sale of products in public spaces. This resolution applies to all national territory and natural or legal persons who prepare and/or sell food for human consumption in public spaces. Some conditions included in the resolution are personal hygiene protocols, dress code protocols, conditions of working stations and preparations of the tools used. The resolution also determines the requirement to hold a sanitary permit to conduct related activities.

        Resolution Nº 2505 of 2004 of the Ministry of Transportation regulates the conditions that the vehicles transporting fish must fulfil. The resolution applies to fresh fish and other fish products. It also determines the minimum requirement such as thermic isolation for the vehicle, design and content.

        Additionally, Resolution Nº 2652 of 2004 of the Ministry of Social Protection establishes labelling and technical requirements for all packed food and food raw materials for human consumption. This resolution was notified to the WTO by document G/TBT/N/COL/31 of 2003 and applied to all food for human consumption and food raw materials, national and imported, and commercialized in Colombia.

        The ICA is in charge of the formulation, preparation and development of plans, programmes, projects, measures and procedures to issue sanitary and phytosanitary measures. It also makes sure that the SPS measures follow international standards and/or are maintained under the correspondent risk assessment.

        INVIMA verifies compliance with current sanitary measures applicable to exports and imports. Decree Nº 539 of 2014 issued the technical guidelines for sanitary and phytosanitary requirements for food destined to human consumption, as applicable to both exporters and importers. In this decree Colombia refers to her obligations under the SPS and the TBT Agreements as member of the WTO. Also, Law Nº 1480 of 2011 establishes that “all producers must ensure the food safety of all goods introduced to the market, as well as the quality offered, avoiding to offer lower standards than those indicated in technical guidelines and relevant sanitary and phytosanitary measures”.
        Aquaculture investment 
        No specific provisions.
        Law No.101 - General Law on the Development of Agriculture and Fisheries (Ley No.101 - Ley General de Desarrollo Agropecuario y Pesquero) (1993)
        Legislative Decree No.2.811 establishing the National Code on Renewable Natural Resources and Environmental Protection (Decreto Legislativo No.2.811 - Código Nacional de Recursos Naturales Renovables y de Protección del Medio Ambiente) (1974, as amended)
        Decree No.561 regulating Title V (Food Products) of Law No.9 of 1979 establishing Health Measures, concerning Capture, Processing, Transport and Sale of Fishery Products (Decreto No.561 - Reglamenta el Título V (Alimentos) de la Ley No.9 de 1979 que dicta Medidas Sanitarias, en cuanto a Captura, Procesamiento, Transporte y Expendio de los Productos de la Pesca) (1984)
        Decree No.1.293 abolishing the National Institute for Fisheries and Aquaculture (Decreto No.1.293 - Suprime el Instituto Nacional de Pesca y Acuicultura - INPA) (2003)
        Resolución Nº 811 - Establece lugares y puntos de muestreo para el control y la vigilancia de la calidad del agua para consumo humano en la red de distribución.
        Decreto Nº 3.570 - Modifica los objetivos y la estructura del Ministerio de Ambiente y Desarrollo Sostenible e integra el Sector Administrativo de Ambiente y Desarrollo Sostenible.
        Decreto Nº 539 - Reglamento técnico sobre los requisitos sanitarios que deben cumplir los importadores y exportadores de alimentos para el consumo humano, materias primas e insumos para alimentos destinados al consumo humano. Resolución Nº 1.056 - Disposiciones sobre el control técnico de los insumos pecuarios.
        Resolución Nº 3.759 - Registro y control de los plaguicidas químicos de uso agrícola.
        Resolución Nº 2.652 - Reglamento sobre requisitos de etiquetado para los alimentos envasados y materias primas de alimentos para consumo humano.
        Related resources

        faolexSearch parameters: country=COL, Keywords=aquaculture;mariculture
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        Title of textDate of textConsolidated dateEntry into forceCountries
        Presidency of the Republic (Presidencia de la República)
        Ministry of Agriculture and Rural Development (Ministerio de Agricultura y Desarrollo Rural)
        Colombian Institute for Rural Development (Instituto Colombiano de Desarrollo Rural - INCODER)
        Colombian Institute for Agriculture and Livestock (Instituto Colombiano Agropecuario - ICA)
        Ministry of Environment, Housing and Land Development (Ministerio de Ambiente, Vivienda y Desarrollo Territorial)
        Institute of Hydrology, Meteorology and Environmental Studies (Instituto de Hidrología, Meteorología y Estudios Ambientales - IDEAM)
        Ministry of Commerce, Industry and Tourism (Ministerio de Comercio, Industria y Turismo)
        Maritime Portal of Colombia – Directorate-General of Maritime Affairs, DIRMAR (Portal Maritimo Colombiano - Dirección General Marítima)
        Special Administrative Unit Directorate of National Taxation and Customs (Unidad Administrativa Especial Dirección de Impuestos y Aduanas Nacionales – DIAN)
        Fisheries Country Profile: Republic of Colombia (Resumen Informativo sobre la Pesca por Paises: la República de Colombia)
        Colombian Association of Aquaculture Farmers - ACUANAL (Asociación Nacional de Acuicultores de Colombia)
        Related links
        Country profiles: Colombia
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