Law No. 11 Of 26 July 1974 Law Orchards

Original Language Title:  LEGE nr. 11 din 26 iulie 1974 Legea pomiculturii

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LAW No. 11 of 26 July 1974 Law ISSUING NATIONAL ASSEMBLY horticulture Published in OFFICIAL GAZETTE No. 105 of 29 July 1974 Fruit due to its economic character and traits, has a special importance for the growth of agriculture and its intensivizarea potential, contributing to increased economic efficiency with capitalization of favorable natural conditions of climate and soil of our country.
In the context of measures relating to the development of multilateral and of our Socialist agriculture, it is necessary to grant a special attention towards fruit heritage whose main purpose is to satisfy the population's consumption of fruit, raw material supply to the processing industry and increase availability for export shipment.
For this purpose, high importance for our national economy, fruit is called to produce the fruit of the increasing quantity, quality, the best varieties, ranging in time with the baking, for extension of the period of consumption, of great economic interest, much requested both the internal market and for export, fresh and preserved.
In light of these considerations, to complete as soon as possible to natural conditions and efficient use of investment funds to the establishment of plantations, technical equipment, building capacity for storage, conditioning and processing of fruits, it requires a rigorous scientific substantiation and the use to technical progress, in order to increase efficiency and enhance the economic efficiency of horticulture.
To achieve these objectives, the Ministry of agriculture, Food and water, the Academy of agricultural and forestry Sciences through Research Institute for fruit growing and resorts and experimental departments in higher education, have an obligation to intensify its activities in the direction of obtaining new varieties and clonal selections, with qualities of production and of superior quality to those existing in the culture fruit species at all; verification, in the conditions of our country, of the varieties and portaltoilor from the world and expansion of assortment in the culture of those with outstanding features; improvement of the system and the methods of producing fruit planting material guaranteed, authentic and healthy; the establishment of modern technologies for the formation and maintenance of tree plantations, fruit shrubs and strawberry, an advanced degree of mechanization and chimizare; find and promote higher organizational forms of production and work in fruit growing; enhancing and developing this production households.
In order to implement these measures, the National Assembly of the Socialist Republic of Romania adopts this law.


Chapter I Section 1 fruit Heritage General provisions Article 1 In the Socialist Republic of Romania, the conservation and development of heritage fruit, raising the value of the biological and the production potential of plantations constitute an obligation for all organizations and our socialist motherland inhabitants owners of fruit trees.
Trees and shrubs of the massive plantation or any kind of sparse, and fruit tree nurseries, make up, in their entirety, the fruit of the country's heritage.
Ministry of agriculture, food industry and water responsible for carrying out the plan of development of orchards and fruit production growth. In this regard, together with the executive committees of councils and popular of Bucharest, will take all necessary measures to raise the potential of fruiting of existing and establishment of new modern plantations, according to the program of development of the fruit.


Article 2 the fruit tree and shrubs grow mainly horticultural areas and basins, in particular devoted hills and around the large consumption centers, appropriate requirements on the landscaped grounds of the mechanized works execution.
The planting will use species and varieties of trees and shrubs, according to their zonarii, established by the Ministry of agriculture, Food and water.


Article 3 the Ministry of agriculture, Food and water, along with the Academy of agricultural and forestry Sciences, in consultation with interested central bodies of the executive committees of the District Councils and the popular Bucharest, develops the program of development in the perspective of horticulture, natural areas and swimming pools, as well as in territorial aspect, taking into account the needs of the economy.


Article 4 the Ministry of agriculture, Food and water, through the Academy of agricultural and forestry Sciences and State Commission for testing and approval of varieties, shall be responsible for the continuous improvement of the assortment and fruit production and introduction of new varieties with superior quality and economic qualities.


Article 5 Academy of agricultural and forestry Sciences coordinates the work of the Research Institute for fruit growing, fruit growing, experimental stations and research work of teaching staff from the departments of agriculture and higher education responsible for research programmes, as well as developing superior technologies of production specific to each species fruit.


Article 6 the Ministry of agriculture, Food and water, along with the executive committees of the District Councils and the municipality of Bucharest organizes the obvious heritage fruit and responsible for the efficient use of plantations owned by all Socialist organizations, as well as guidance work in planting trees and shrubs, and exploitation, of the households.


Section II of the production, circulation, and quality control of propagating Article 7 fruit planting material Production ensure the Ministry of agriculture, Food and water through the network of business incubators in agricultural units organised by the State, authorized according to the law.
Fruit tree nurseries will arrange and conduct their activity in accordance with the needs of propagating material necessary to achieve the programme of development of horticulture, compiled on each county and the city of Bucharest.


Article 8 is prohibited the production or use of seedlings of other species and varieties in other proportions than those laid down by the Ministry of agriculture, Food and water, in accordance with the program of development of the fruit.


Article 9 Nurseries will be organized and equipped properly to produce high-quality material, free from diseases and pests. They are obliged to reveal in the genuineness of nursery seedlings and the quantity produced, and the date applied technology.
Units that produce or those that deliver responsible for propagating material and its quality and authenticity will suffer, according to the law, the damage inflicted to the beneficiary units by delivering inappropriate material.
Elite seed potatoes free from virus infection, intended for multiplication-these saplings, cuttings, branches altoaie, drajonii, strawberry stolons-will be provided by the Academy of agricultural and forestry Sciences through Research Institute for experimental fruit and resorts, who are responsible for this.
Ministry of agriculture, Food and water will ensure that, in the process of production, circulation, and quality control of seedlings, according to the law.


Article 10 Take-over fruit planting material from nurseries and dissolution to ensure beneficiaries of the specialized units of the Ministry of Agriculture, Food and water-based contracts, usually of long duration.


Section III the establishment of plantations of fruit trees and shrubs that article 11 Are intended for the establishment of plantations of fruit trees and shrubs: a) land located in the fruit and other areas that, through the workings of the zoning of agricultural production, are intended for the production of fruits;
  

b) lands resulting from deforestation aging plantations and non-productive times to be replanted immediately or after a period of rest;
  

c sandy land which) can be recovered through intensive fruit plantations.
  

For integrating the existing plantations and areas devoted to fish ponds can be used, in accordance with the law, and other categories of land, situated between plantations, which, according to organizing projects and landscaping, it effectively harness through the tree and shrubs.


Article 12 Socialist agricultural Organizations may set up plantations of fruit trees and shrubs only on the basis of the authorization of planting, issued by the agricultural County, with due regard for the provisions of technical projects and the norms established by the Ministry of agriculture, Food and water.
The establishment of plantations will be made with the prior execution of the works and landscaping, corresponding to their needs, building-works is realization on prevention and control of soil erosion.


Article 13


New plantations run by Socialist agricultural organizations, based on studies and projects. It will track through completion of existing plantations and the establishment of new plantations, to organize in a greater measure as well as specialized units, equipped with all the facilities needed for an efficient production process and recovery.
Ministry of agriculture, Food and Water will provide, through its territorial bodies, like the works of restoration, intregire and create new fruit plantations to carry out production and specialisation pools concluded, watching the uniform and complex technical solutions, in the drafting and execution of work to establish plantations of fruit farms, specialized in the Organization and carrying out of the works of maintenance and operation of the fruit plantations in accordance with the technologies, to achieve effective production and an economic high.


Article 14 Plantarile of fruit trees and fruit bushes households will be done according to the plan of development of agricultural production in the territorial aspect, taking into account the provisions of the programme, in compliance with technical standards and recommendations on agricultural specialist bodies, in order to ensure that the amount of fruit for local consumption and for State Fund executive Committees of Councils. popular is the responsibility of assisting in the implementation of plantarilor households for trees of all species , giving priority to ciresilor, visinilor, caisilor, walnuts, strawberries, fruit trees and shrubs thanks nonetheless, localities, courts and beautification better environment.


Article 15 the grubbing of trees and shrubs of the plantations, except those feckless to be replace and on fallow under the law of agricultural output is prohibited for all owners.
Grubbing-up of vineyards came into decline and uneconomic on State property or public will only be made on the basis of authorisation issued by the agricultural County, with due regard for the legal provisions concerning the disposal of assets.
The massive plantations entering into decline, inappropriate, belonging to the agricultural population can be cleared, as appropriate, with the approval of the executive committees of Councils, city folk or communal councils which are obliged to ensure at the same time achieving a number of planting at least equivalent of trees or shrubs, in order not to diminish the fruit heritage territorial administrative unit.


Section IV-Maintenance fruit trees and shrubs that article 16 keepers of the trees and fruit bushes are obliged to execute at the time and the corresponding technical rules, necessary care: the annual training and pruning of fructification, work and annual soil fertilization, pest and disease control, filling in gaps and replacing trees behaving, imbatriniti or without.
Ministry of agriculture, Food and water, through the Academy of agricultural and forestry Sciences, is responsible for the development and improvement of technologies of culture for each species pomicola, corresponding to advanced methods of mechanization and chimizare, to ensure getting great yields, high quality and with high efficiency.
Socialist organizations responsible for the implementation of agricultural technologies established by the Ministry of agriculture, Food and water and taking all the measures necessary to achieve projected technical-economic parameters in the establishment of plantations.


Article 17 Combating pests and diseases in fruit constitutes a mandatory task for all organs and organizations of the Socialist, as well as for all inhabitants of the country, holders of trees and shrubs.
Ministry of agriculture, Food and water, together with the Ministry of Forest Economy and building materials and the executive committees of the District Councils or popular Bucharest, as appropriate, shall draw up joint programmes and treatments to combat pests and diseases to areas bordering between fruit and forestry plantations.
Actions to combat pests and diseases will be organised by the State-owned specialized units, which will be applied to treatments, and perennial pools, all holders of trees and shrubs, under the direction and control of specialized agricultural bodies, within the time limits and under the conditions fixed by them.
Treatments will be done with the material and technical means and financial state, beneficiaries will pay a fixed annual fee,.
Growers of trees and shrubs which incurs to sell fruit from the State Fund will benefit from the reliefs on the cost of the treatment, in relation to the value of production, according to conditions to be laid down in the contract.


Article 18 the Ministry of agriculture, Food and water, Ministry of industry of construction of heavy machinery and executive committees of the district councils through popular business for local industry, will ensure, each according to the profile or, producing tractors, agricultural machinery, equipment and tools provided for in the specific fruit machine system as outlined in the annual programmes, as well as the improvement of its profitability, to lift the machinery works of setting up and maintenance of plantations care of trees, and the harvesting, transportation, storage and conditioning of the fruit.


Article 19 the Ministry of chemical industry will ensure the production of quantities and assortment of pesticide effectiveness, for the application of treatments to combat diseases and pests in fruit growing, according to the requirements established in agreement with the Ministry of agriculture, Food and water.


Section v: Culture and protection nut article 20 the Ministry of agriculture, Food and Forestry and the Ministry of Water Economy and building materials, along with the executive committees of councils and popular of Bucharest, are responsible for taking measures to expand the nut in all areas and planting in settlements, on the road and roads, avenues are using selected material as outlined in the programme of development of the nut in our country.
The Ministry of Forest Economy and construction materials shall be responsible to ensure that the bulk of the timber needs of walnut, required units of industrialisation, through the planting of nut trees on land from the forest.
The counter value of planting stock shipped from Socialist state farm nurseries, agricultural households, enterprises and institutions that are committed to cultivate nuts, will be borne by the budget.


Article 21 Destruction or degradation of the walnuts is prohibited.
Cutting and transport of walnut trees, outside the forest fund shall be made only on the basis of cutting and transport permit issued by the county or farm of Bucharest and only in the following cases: a) nuts that have at least 1/3 of the Crown dry;
  

b) nuts are on surfaces on which authorized the construction of goals or planting fruit trees and vines times whose cutting cannot be avoided;
  

c) dezradacinati nuts from natural causes.
  


Article 22 the authorization and transport of walnut trees in the cases referred to in article 1. 21 may be issued only if the owner or the one who has them in direct management or in the service undertakes to plant on their own land or on land allocated by the local authorities of State administration, within the time limit set by these three young Walnut nuts for each image to be cut.


Article 23 the exploitation of special nuts and Walnut from forestry for timber, will be made according to the provisions of the amenajamentelor forest.


Article 24 Walnut wood is Capitalizing only the Ministry of Forest Economy and building materials, which, at the request of the holders, will ensure in law and cutting operations and transportation.


Section VI Culture and Mulberry caterpillars protection article 25 the Ministry of agriculture, Food and Forestry, the Ministry of Water Economy and building materials, along with the executive committees of councils and popular of Bucharest, will take measures to expand the culture of the mulberry caterpillars by planting it on the edge of the road, roads and railways, in the courts, through population households the establishment of plantations of intensive Socialist agricultural enterprises in all areas, using hybrid seedlings and grafted.
Extensive mulberry plantations will be set up under the guidance of technical agricultural or forest land, with due regard for appropriate planting technology, maintenance and operation, as established by the Ministry of agriculture, Food and water.
Planting of mulberry trees on roads and avenues are the road, railways will be done with the agreement and support of the Ministry of transportation and Telecommunications.


Article 26


Executive committees of the District Councils and the popular Bucharest will take measures to establish plantations of mulberry, intensive agricultural land affected State-run schools of general culture for productive practice or the various institutions and other State land reserve, located in the hearth of the village, which may be intended for that purpose.


Article 27 planting Mulberry will ensure by specialist nurseries, organized under the programme for the development of sericiculturii, from hybrids and varieties of Mulberry entered in the official list of varieties of agricultural plant species and hybrids.


Article 28 the counterpart of Mulberry planting material intended for intensive plantations set up, delivered from the Socialist state farm nurseries, schools and other institutions, shall be borne by the budget.


Article 29 duzii Mulberry Plantations, on the side of the road, roads and railways, as well as the Forestry Fund, is the source of the silkworm feeding and will exploit exclusively for this purpose by the breeders who have concluded contracts for silkworm rearing, on the basis of the apportionment made by the Executive Committee of the local people's Council.


Article 30 for the basis of the increase in feed silk worms are prohibited cutting Crown of mulberry trees in the winter. Works of pruning will run in May and June, after harvesting the leaves, according to technology established by the Ministry of agriculture, Food and water.


Article 31 the grubbing of mulberry trees from intensive plantations, except those calamities or dried, it can be done only with the authorization issued by the executive committees of district, municipal popular councils, municipal or communal, as appropriate.


Article 32 mulberry plantation Holders or sparse mulberry trees are obliged to ensure the combat omizii in Mulberry caterpillars hairy conditions set by the specialized bodies, under the direction and control of their technique.


Chapter 2 organizing and capitalizing on fruit production, section I, Article 33 organisation of fruit production in order to ensure the necessary conditions to increase fruit production and improve its quality through the introduction of modern technologies and generalization and rational utilization of the technical-material base, the Ministry of agriculture, Food and water, with the support of the executive committees of councils and popular of Bucharest, will promote the system of organization and staffing, payroll, the global agreement fruit production, organizing in specialized farms and other higher forms of organization of production and labour in fruit growing.


Article 34 in zones and localities with favorable conditions the extension horticulture may be set up under the law associations of individual producers. For developing fruit production, they will receive State support, developing the free assistance: providing specialized technical, investment credits for the establishment of new plantations, restoring and upgrading existing ones, production credits, and the supply of materials, tools and mechanical execution required in plantations, ensuring the recovery of production by contracting and acquisition of it.


Section II-the development of fruits in article 35 the development of fruits is made by Socialist units specialized as well as directly by manufacturers, in compliance with the legal provisions.


Article 36 the Ministry of agriculture, Food and water is responsible for organizing and carrying out, in a unitary concept, within the zones and watersheds, the necessary capacities of fruit for the conditioning, storage and industrialization of fruit, thanks to their superior realisation for the entire agriculture.


Chapter 3 Guidance and stimulate development of horticulture Article 37 the Ministry of agriculture, Food and water will set up, as an advisory body, the National Commission production plant for fruit growing, mainly the following powers: (a) elaboration of proposals for) and zoning in anticipation of the opening, depending on the needs of domestic consumption of fruits in fresh condition, industrialisation and widening export;
  

b) endorsing the opening and development of the main technical and economic measures relating to fruit growing.
  

National Comission for fruit growing and how its work shall be determined by the Governing Board of the Ministry of Agriculture, Food and water.


Article 38 in order to stimulate expansion of the culture of trees and shrubs, observance of the established grades for domestic consumption and export, taking care of specimens in a timely manner, of entry on the rod and potentially higher production of new plantations, Agriculture, food industry and will hold Water and orchards plantations on land pattern of agricultural Socialist organizations and agricultural population, will set up competitions for the appointment of the best farms units and individuals, producers, in phases and on the land, and will award prizes, awards and other incentives.


Article 39 For the mobilization of all citizens of the country's cultural development and fruit trees shrubs and fruit production, Ministry of agriculture, Food and water will be organized on an annual basis, together with the executive committees of councils and popular of Bucharest, "Horticulture week" period during which the action will be supported by the Plantar, works of maintenance of orchards and trees in each locality.


Chapter 4 Liability and sanctions Article 40 violation of provisions of this law shall entail disciplinary, administrative, civil or criminal material, as appropriate.


Article 41 the delivery with science or from the negligence of fruit planting material inappropriate for State standards or national regulations, committed, pursuant to article. 248 or 249 of the penal code, constitute punishable offences and, where appropriate, under the provisions of these articles.


Article 42 Sale without authorization of the fruit planting material of varieties and hybrids with license to foreign nationals or foreign enterprises, shall constitute an infringement punishable under art. 302 of the penal code.


Article 43 breach of art. 21 and 24 of this law concerning the cutting of walnut and constitutes infringement and is punishable by fine.


Article 44 the facts constituting the offence from article. 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 22, 31 and 32, as well as other offences from the provisions of this law, shall be established and sanctioned under the decision of the Council of Ministers.
Fines can be imposed on legal persons.


Chapter 5 final provisions Article 45 territory allocation criteria of species and varieties of trees and shrubs, the way he studies and works for setting fruit, placing tanks and keeping up to date the record of the fruit, the heritage and the conditions for issuing an authorization for the establishment of plantations, and deforestation of their rules, for agro-technical works and for the control of pests and diseases the rules for keeping, processing and development of fruits and other measures for the enforcement of this Act, shall be determined by binding technical regulations issued by the Minister of agriculture, food and water.


Article 46 this law shall enter into force 30 days after its publication in the Official Gazette of the Socialist Republic of Romania.


Article 47 provisions contrary to this law, laid down in Decree No. 134/1954 on the protection of the walnut and Walnut wood, published in Official Gazette No. 20 of the 29 April 1954, the decision of the Council of Ministers No. 305/1964 concerning measures for the expansion of plantations and increasing the production of nuts and the rational harnessing wood walnut, published in the collection of decisions and provision of the Council of Ministers No. 23 of June 2, 1964, as well as any other provisions to the contrary, shall be repealed.
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