"Article 1º-The minimum price of first quality banana fruit for export, FOB Costa Rican port, shall be US $ 7.59 per box of 18.14 kilograms net weight.
When the weight of the boxes is less than the 18.14 kilograms net weight or greater than 21 kilograms net weight, the set minimum price shall be calculated proportionally.
Regarding other modalities of sale or supply of bananas for export that may or may not be denominated with other Incoterms established by the International Chamber of Commerce, or that are carried out under any other modality not contemplated therein, the prices that must prevail shall be those indicated in this Decree, after the adjustments for additional or not incurred costs, originated by the change of Incoterm.
Those companies that in certain periods pay differentiated prices may not pay an average price per box lower than the one indicated above. For these purposes the period to be considered in calculating the average shall be from January 1 to December 31, 2009.
The prices established in the preceding paragraphs include: a) US $ 0.05, on each of the boxes exported, the equivalent of which in colones at the exchange rate of the day of settlement, in accordance with article 23 of Law N º 4895 and its reforms, must be withheld and transferred to CORBANA by the buyer or marketer companies of the fruit; b) The cost of the control of Black or Yellow Sigatoka; c) Partial cost of crop renovation intended to favor the increase in productivity.
The minimum price does not include: a) Contingent costs, considered as those that are not required for all boxes, for all shipments, by all buyer companies, or for a majority of producers. b) The cost of palletizing (entarimado). c) The higher cost that new modalities of packaging, or new products or materials that the marketer or buyer companies require to be used in the fruit preparation process for its packing or in the packaging itself, once it arrives at the packing plants, may imply. d) The costs referred to in the preceding subsections and the ones that traditionally and currently the buyer or marketer companies have assumed, which must continue to be paid by them.
The Ministry of Economy, Industry and Commerce shall follow up on the costs of production, harvesting, packing, internal transportation and shipment of the fruit, being able to require pertinent information on compliance with environmental and labor regulations, as well as other information that is necessary for purposes of revision of the price set above." (Thus reformed by article 1° of executive decree N° 35008 of January 13, 2009)