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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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LEGE No. 11 of July 26, 1974 The Law of Fruit
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN NO. 105 of 29 July 1974



Pomiculture, due to its character and economic attributes, has a great importance for increasing the potential of agriculture and its intensification, contributing to the valorization with increased economic efficiency of natural conditions favorable climate and soil in our country. In the context of measures on the multilateral and harmonious development of our socialist agriculture, it is necessary to give special attention to the fruit heritage whose main purpose is to satisfy the consumption of fruit of the population, insurance with raw material of the manufacturing industry and increasing availability for export delivery. To fulfill this purpose, of great importance to our national economy, fruit growing is called to produce fruits in increasing quantities, of superior quality, of the most valuable varieties, with staggered baking over time, for the extension of the consumption period, of the species of great economic interest, much requested both on the domestic market and on export, fresh and preserved. In light of these considerations, for the most complete valorization of natural conditions and the efficient use of investment funds at the establishment of plantations, technical equipment, construction of storage, conditioning and processing capacities of fruits, a rigorous scientific foundation is required and the sustained use of technical progress, in order to increase the yield and increase the economic efficiency of fruit growing. In order to achieve these objectives, the Ministry of Agriculture, Food and Water Industry, the Academy of Agricultural and Forestry Sciences through the Institute of Research for Fruit and Experimental Resorts and the specialized departments of Agricultural higher education, they have the obligation to intensify their activity in the direction of obtaining new varieties and valuable clonal selections, with production and quality attributes superior to those existing in culture, in all fruit species; verification, under the conditions of our country, of the varieties and portaltos of the assortment world and the expansion in culture of those with special characteristics; perfecting the system and methods of production of guaranteed fruit planting material, authentic and healthy; establishing modern technologies for the establishment and maintenance of plantations of trees, fruit shrubs and strawberries, in conditions of application of an advanced degree of mechanization and chemistry; finding and promoting higher forms of organization of production and labor in fruit growing; stimulation and development of this production activities in households. In order to achieve these measures, the Grand National Assembly of the Socialist Republic of Romania adopts this law. + Chapter 1 Tree heritage + Section I General provisions + Article 1 In the Socialist Republic of Romania, the preservation and development of the fruit heritage, the raising of the biological value and the productive potential of the plantations constitute an obligation for all socialist organizations and the inhabitants of our homeland Tree keepers. Fruit trees and shrubs from plantations in massive or razleti, of any kind, as well as fruit nurseries, make up, in their entirety, the fruit heritage of the country. The Ministry of Agriculture, Food and Water Industry is responsible for meeting the fruit growing development plan and increasing fruit production. In this regard, together with the executive committees of the county folk councils and the city of Bucharest, it will take all measures to raise the potential of rodire existing plantations and the establishment of new modern plantations, according to the fruit growing program. + Article 2 The culture of fruit trees and shrubs is mainly developed in the areas and the established fruit basins, especially in the food area, as well as around large consumption centers, on land properly arranged for the mechanized execution requirements. works. Species and varieties of fruit trees and shrubs will be used at the planting, according to their zoning, established by the Ministry of Agriculture, Food and Water Industry. + Article 3 The Ministry of Agriculture, Food and Water Industry, together with the Academy of Agricultural and Forestry Sciences, in consultation with the central stakeholders, the executive committees of the county folk councils and the city of Bucharest, elaborates the program of development in the perspective of fruit growing, on natural areas of production and specialized basins, as well as in territorial aspect, taking into account the needs of the economy. + Article 4 The Ministry of Agriculture, Food and Water Industry, through the Academy of Agricultural and Forestry Sciences and the State Commission for the testing and approval of varieties, is responsible for the continuous improvement of the fruit assortment and the introduction into production of new varieties with higher quality and economic attributes. + Article 5 The Academy of Agricultural and Forestry Sciences coordinates the work of the Research Institute for fruit growing, experimental fruit resorts, as well as the research activity of the teachers from the specialized departments in the education agricultural superior and is responsible for the realization of research programs, as well as the development of superior production technologies, specific to each fruit species. + Article 6 The Ministry of Agriculture, Food and Water Industry, together with the executive committees of the county councils and the city of Bucharest, organizes the bookkeeping of the fruit heritage and are responsible for the efficient use of the fruit plantations held by all socialist organizations, as well as by the activity of guidance in the planting and exploitation of fruit trees and shrubs, by households. + Section II Production, circulation, use and quality control of propagating material + Article 7 The production of fruit propagating material is provided by the Ministry of Agriculture, Food and Water Industry through the nursery network organized in state agricultural units, authorized according to the law. The fruit nurseries will organize and carry out their activity in accordance with the needs of propagating material necessary to carry out the fruit development program, drawn up on each county and Bucharest municipality. + Article 8 It is forbidden to produce or use propagating material from other species and varieties and in other proportions than those established by the Ministry of Agriculture, Food and Water Industry, in accordance with the fruit growing program. + Article 9 The nurseries will be properly organized and endowed to produce high-quality propagating material, free from diseases and pests. They are obliged to highlight in the nursery register the quantity and authenticity of the propagating material produced, the technology applied and the given destination. The units that produce or those that deliver propagating material respond to its authenticity and quality and will bear, according to the law, the damage caused to the beneficiary units, by the delivery of improper material. The elite propagating material, free of viroze, intended for propagation-the portaltoes, the grafting branches, the cuttings, the drajons, the strawberry stolons-will be provided by the Academy of Agricultural and Forestry Sciences through the Institute of Research for Fruit growing and experimental resorts, which are responsible for this. The Ministry of Agriculture, Food and Water Industry will ensure, in the process of production, circulation and use, quality control of the propagating material, according to the law. + Article 10 The takeover of the fruit planting material from the nursery and its disposal to the beneficiaries shall be provided by the specialized units of the Ministry of Agriculture, Food and Water Industry, on the basis of contracts concluded, as a rule, by long duration. + Section III Establishment of plantations of fruit trees and shrubs + Article 11 They are intended for the establishment of plantations of fruit trees and shrubs: a) land located in the specialized fruit pools and other areas that, through the zoning works of agricultural production, are intended to produce fruit; b) land resulting from the deforestation of aging or non-productive plantations and to be replanted immediately or after a period of rest; c) sandy lands, which can be harnessed intensively through fruit plantations. For the whole of the existing fruit plantations, in the established areas and basins can be used, under the law, and other categories of land, located between plantations, which, according to the projects of organization and arrangement of the territory, are efficiently capitalize on the fruit of fruit trees and shrubs. + Article 12 Socialist agricultural organizations can establish plantations of fruit trees and shrubs only on the basis of planting authorization, issued by the county agricultural body, in compliance with the provisions of the projects and the technical norms established by Ministry of Agriculture, Food and Water Industry. The establishment of fruit plantations will be carried out with the prior execution of the works of organization and arrangement of the territory, corresponding to their needs, ensuring the realization of all works to prevent and combat soil erosion. + Article 13 New plantations will be executed by socialist agricultural organizations, based on studies and execution projects. It will be followed, through the whole of the existing plantations and the establishment of new plantations, to organize to a degree as large specialized units, equipped with all the utilities necessary to carry out the production and recovery process efficiently. The Ministry of Agriculture, Food and Water Industry will ensure, through its territorial bodies, that through the restoration, completion and creation of new fruit plantations to realize the concluded basins and the specialization of fruit production, aiming at the unitary and complex application of technical solutions, in the preparation of projects and the execution of works for the establishment of plantations, in the organization of specialized fruit farms, and in their performance of all works of maintenance and exploitation of fruit plantations, according to technologies, for achieving high production and economic efficiency. + Article 14 Plantings of trees and fruit shrubs in households will be made according to the plan for the development of agricultural production in territorial aspect, taking into account the provisions of the program in the area, in compliance with the technical norms and the recommendations of the specialized agricultural bodies, in order to ensure the fruit needs for local consumption and for the state fund. The executive committees of the popular councils have the task of supporting households in the realization of tree plantings of all species, giving priority to cherries, cherries, walnuts, apricots, fruit shrubs and strawberries, ensuring also the embellishment of courts, localities and the improvement of environmental conditions. + Article 15 The deforestation of fruit trees and shrubs from plantations in massive, except for non-productive ones to be replaced and those on land removed, according to the law, from agricultural production, is prohibited for all categories of holders. The deforestation of the plantations entered in decline and non-economic from the state or public property land will be made only on the basis of authorization issued by the county agricultural body, in compliance with the legal provisions on the scrapping of Base. Plantations in massively declining, inadequate, belonging to households, will be able to be cleared, as the case may be, only with the approval of the executive committees of the communal, city or municipal folk councils, which are obliged to ensure at the same time the planting of a number at least equivalent to fruit trees or shrubs, so as not to diminish the fruit heritage of the territorial-administrative unit. + Section IV Maintenance of fruit trees and shrubs + Article 16 Holders of fruit trees and shrubs are obliged to execute, on time and according to the technical norms, the necessary care works: the annual training and fruit cuts, the annual work and fertilization of the soil, the control of diseases and pests, filling in gaps and replacing debilitated trees, aging or without production. The Ministry of Agriculture, Food and Water Industry, through the Academy of Agricultural and Forestry Sciences, is responsible for the development and permanent improvement of culture technologies for each fruit species, corresponding to advanced methods of mechanization and chemistry, to ensure the production of large, high quality and high-economy productions. Socialist agricultural organizations respond to the application of the technologies established by the Ministry of Agriculture, Food and Water Industry and to take all necessary measures to achieve the technical and economic parameters plantations. + Article 17 Fighting diseases and pests in fruit growing is a mandatory task for all socialist organs and organizations, as well as for all the inhabitants of the country, holders of fruit trees and shrubs. The Ministry of Agriculture, Food and Water Industry, together with the Ministry of Forestry and Construction Materials and executive committees of the county folk councils or the city of Bucharest, as the case may be, will draw up programs common treatments and control of diseases and pests for the surrounding areas between tree plantations and forest fund. Actions to combat diseases and pests will be done in an organized way through specialized state units, which will apply unitary treatments, on areas and fruit pools, for all fruit and fruit shrub holders, under the guidance and control of the specialized agricultural bodies, within the deadlines and under the conditions established by them. The treatments will be done with the technical and financial means of the state, the beneficiaries will pay a fixed fee, annually. Fruit growers and fruit shrubs that contract fruit sale to the state fund will benefit from facilitations on the cost of treatments, in relation to the value of the production delivered, according to the conditions that will be provided for in the contract. + Article 18 The Ministry of Agriculture, Food and Water Industry, Ministry of Machine Construction Industry Grele and executive committees of county folk councils, through local industry enterprises, will ensure, each according to their profile. or, the production of tractors, agricultural machinery, equipment and tools specific to the fruit, provided in the system of cars, according to the provisions of the annual programs, as well as its permanent improvement, in order to raise the economy mechanization of works for the establishment and maintenance of plantations, of care of trees, as well as those of harvesting, transport, conditioning, storage and recovery of fruit. + Article 19 The Ministry of Chemical Industry will ensure the production of high efficacy pesticide quantities and assortments, for the application of disease and pest control treatments in fruit growing, according to the commonly agreed needs. Ministry of Agriculture, Food and Water Industry. + Section V Culture and protection of walnut + Article 20 The Ministry of Agriculture, Food and Water Industry and the Ministry of Forestry and Construction Materials, together with the executive committees of the county folk councils and the city of Bucharest, are responsible for taking extension of the walnut culture in all favorable areas and planting in localities, on the alignments of roads and roads, using seedling material selected, according to the provisions of the program of development of the nut culture in our country. The Ministry of Forestry Economy and Construction Materials has the task of mostly providing for the needs of walnut wood material, necessary for industrialization units, by planting nuts on land from the forest fund. The value of the propagating material delivered from the nurseries of the state of socialist agricultural units, households, enterprises and institutions, which are committed to cultivating nuts, will be borne from the budget. + Article 21 Destruction or degradation of walnuts is prohibited. The cutting and transport of walnut trees, from outside the forest fund, are made only on the basis of cutting and transport authorization, issued by the county agricultural bodies or Bucharest municipality and only in the following cases: a) nuts having at least 1/3 of the dry crown; b) nuts on surfaces on which the construction of targets or planting with trees or vines has been authorized and the cutting of which cannot be avoided; c) nuts uprooted from natural causes. + Article 22 Authorization for the cutting and transport of walnut trees in the cases provided in art. 21 is issued only if the owner or the one who has them in direct administration or in use undertakes to plant on his own land or on the land distributed by the local bodies of the state administration, within the deadline set by them, three Young nuts for each walnut to be cut. + Article 23 The exploitation of nuts and special walnut plantations from the forest fund, for obtaining wood material, will be made according to the provisions of the forestry facilities. + Article 24 The valorization of walnut wood is made only to the units of the Ministry of Forest Economy and Construction Materials, which, at the request of the holders, will ensure under the law and the cutting and transport operations. + Section VI Culture and the protection of the + Article 25 The Ministry of Agriculture, Food and Water Industry, Ministry of Forestry Economy and Construction Materials, together with the executive committees of the county folk councils and the city of Bucharest, will take measures to expand the culture of the dual by planting it on the side of roads, roads and railways, in the courts of households, by establishing intensive plantations in socialist agricultural units, in all favorable areas, using material Hybrid and grafted sadier. Intensive dud plantations will be established under the technical guidance of agricultural or forestry bodies, on appropriate land, in compliance with planting, maintenance and exploitation technology, established by the Ministry of Agriculture, Industry Food and Water. Planting of the dudes on the alignments of roads, roads and railways will be done with the agreement and support of the Ministry of Transport and Telecommunications. + Article 26 The executive committees of the county folk councils and the city of Bucharest will take measures to establish intensive dud plantations, on agricultural land owned by the state affected to schools of general culture for productive practice or the various settlements and on other land reserves of the state, located in the hearth of the village, which may be intended for this purpose. + Article 27 The dud propagating material will be provided by specialized nurseries, organized according to the program of development of sericiculture, from hybrids and dud varieties registered in the official list of varieties and hybrids of agricultural plants. + Article 28 The value of the dud planting material for the establishment of intensive plantations, delivered from the nurseries of the state of socialist agricultural units, schools and other institutions, will be borne from the budget. + Article 29 The dud plantations, the duds on the side of roads, roads and railways, as well as the forestry fund, are the source of silkworm feeding and will be exploited exclusively for this purpose, by breeders who have concluded contracts. for the growth of silkworms, based on the distribution made by the executive committee of the local popular council. + Article 30 To ensure the fodder base of the growth of silkworms it is forbidden to cut the crown of the dudes in the winter period. The cutting works will be carried out in May-June, after leaf harvesting, according to the technology established by the Ministry of Agriculture, Food and Water Industry. + Article 31 Deforestation of the dudes from intensive plantations, except for calamities or dried ones, will be possible only with authorization issued by the executive committees of the county, municipal, city or communal folk councils, as the case may be. + Article 32 The holders of the dudes plantations or of the razleti dudes are obliged to ensure the fight against the hairy omids of the dud, under the conditions established by the specialized bodies, under their technical guidance and control. + Chapter 2 Organisation and valorisation of fruit production + Section I Organisation of fruit production + Article 33 In order to ensure the conditions necessary to increase the fruit production and improve its quality, by introducing and generalizing modern technologies and rational use of the technical-material base, Ministry of Agriculture, Industry Food and Water, with the support of the executive committees of the county folk councils and the city of Bucharest, will promote the system of organization and retribution of labor in global agreement, the organization of fruit production in specialized farms and other higher forms of organization of production and labor in fruit growing. + Article 34 In areas and localities with conditions favorable to the expansion of fruit-growing, associations of individual producers can be constituted, according to the law. For the development of fruit production, they will benefit from the state's support, consisting in: free provision of specialized technical assistance, investment credits for the establishment of new plantations, restoration and modernization of the existing, production credits, as well as the supply of materials, tools and mechanical means necessary for the execution of works in plantations, ensuring the valorization of production by contracting and taking over it. + Section II Fruit recovery + Article 35 The valorization of fruits is made through specialized socialist units, as well as directly by producers, in compliance with the legal provisions. + Article 36 The Ministry of Agriculture, Food and Water Industry responds to the organization and realization, in a unified conception, within the fruit areas and basins, of the capacities necessary for the conditioning, preservation and industrialization of fruits, ensuring their superior value for all agriculture. + Chapter 3 Guidance and stimulation of fruit growing + Article 37 The Ministry of Agriculture, Food and Water Industry will establish, as an advisory body, within the Council of Plant Production, the National Commission for Pomiculture, having mainly the following duties: a) the elaboration of proposals for the orientation and zoning of fruit trees in perspective, depending on the needs of the domestic consumption of fresh fruit, for industrialization and the enlargement of the export; b) endorsement of the fruit growing development programme and of the main technical and economic measures on fruit growing. The composition of the National Commission for the fruit growing and its working mode shall be established by the Governing Council of the Ministry of Agriculture, Food and Water Industry. + Article 38 In order to stimulate the expansion of fruit trees and fruit shrubs, respect for the assortments established for domestic consumption and export, the exemplary care of plantations, the time entry on the fruit and with the superior production potential of the new plantations, the Ministry of Agriculture, Food and Water Industry will organize plantations and model orchards on the lands of socialist agricultural organizations and households, will establish competitions for the designation of the best farms, individual units and producers, in county and country phases, and will award prizes, distinctions and other incentives. + Article 39 For the mobilization of all citizens of the country to the development of fruit and fruit tree culture and fruit production, the Ministry of Agriculture, Food and Water Industry will hold annually, together with the executive committees of the councils The county and the city of Bucharest, the "week of fruit", during which actions will be carried out supported by tree plantings, maintenance works of orchards and trees, in each locality. + Chapter 4 Liabilities and penalties + Article 40 The violation of the provisions provided for in this law attracts disciplinary, contravention, material, civil or criminal liability, as appropriate. + Article 41 Delivery with science or negligence of propagating material improperly to state standards or internal norms, enjoyed under the conditions of art. 248 or 249 of the Criminal Code, constitutes a crime and is punishable, as appropriate, according to the provisions of these articles + Article 42 The sale without authorization of fruit planting material from varieties and hybrids with a license regime, to foreign citizens or foreign enterprises, constitutes a crime and is punishable according to art. 302 of the Criminal Code. + Article 43 Violation of art. 21 and 24 of the present law on the cutting and valorization of the nut constitutes a crime and is punishable by a fine. + Article 44 Acts constituting contraventions to the provisions of art. 6, 7, 8, 9, 10, 12, 13, 15, 16, 17, 22, 31 and 32, as well as other contraventions to the provisions of this law, shall be determined and sanctioned by the decision of the Council of Ministers. Fines can also be imposed on legal entities. + Chapter 5 Final provisions + Article 45 The criteria for the distribution of species and varieties of fruit trees and shrubs on the territory, the way of carrying out studies and works for the establishment of fruit basins, the introduction and the up-to-date record of the fruit heritage, the way and the conditions for issuing the authorization for the establishment of fruit plantations, as well as their deforestation, the rules, for the carrying out of basic agrotechnical works and for the control of diseases and pests, the rules for the preservation, processing and the valorisation of fruit, as well as other enforcement measures, shall be establish by binding technical rules, issued by the Minister of Agriculture, Food and Water Industry. + Article 46 This law shall enter into force 30 days from the date of publication in the Official Bulletin of the Socialist Republic of Romania. + Article 47 Provisions contrary to this Law, provided for in Decree no. 134/1954 , on the protection of walnut and the valorization of walnut wood, published in the Official Bulletin no. 20 20 of 29 April 1954, Decision of the Council of Ministers no. 305/1964 on some measures for the expansion of plantations and the increase of nuts production and the rational valorization of walnut wood, published in the Collection of Decisions and provisions of the Council of Ministers no. 23 23 of 2 June 1964, and any other provisions to the contrary, shall be repealed. ----------------------