Law No. 42 Of 20 December 1975 On The Production Of Food Goods

Original Language Title:  LEGE nr. 42 din 20 decembrie 1975 cu privire la producţia bunurilor alimentare

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LAW no. 42 of December 20, 1975 on the production of goods

food Issued

Grand National Assembly Published

Official Gazette no. 135 of December 26, 1975

Chapter 1 General Provisions

Article 1

The Socialist Republic of Romania, increasing production of food supplies, diversification of the range, raising the nutritional value of their food to meet the requirements of the population, a problem state.

Article 2

Produce food is based on an exclusive program of higher recovery of agricultural commodities and continued volume growth and product quality.
Supply the population with food supplies ensure based on an annual program, approved by presidential decree, on a proposal from the Council of Ministers.

Article 3

Produce food is made in the state or cooperative units, and households.

Chapter 2 Organisation

food production and delivery of goods
Article 4

Section agricultural raw materials for the production of goods
food producers of agricultural raw materials, animal and plant production for food goods, have an obligation to ensure the continued increase of production and deliveries to the central fund of the State and improve the content of useful substances, nutritional, technological characteristics and diversification of products they carry.
They are responsible for the rhythmic delivery of the goods, contracted quantities and varieties, as well as the conditions of quality and the sanitary and veterinary.

Article 5

On receipt of agricultural raw materials, the quality conditions necessarily check by laboratory analysis.
The taking and using production materials that do not meet the quality requirements and the veterinary.

Article 6

Section II

power units producing goods Organization republican ensure basic food goods manufacturing and mass production.
State units of local interest and the cooperative can plant, according to the plan, confectionery, confectionery, pastry, simigerie, juices and soft drinks, ice cream, ice, vinegar, puffed cereal products and other food items.
Ministry of Agriculture and Food Industry, as coordinating body, with other interested bodies establish the structure and volume of production of goods factory food establishments regardless of their subordination.
Production of meat and meat products is performed in slaughterhouses and meat industrialization complex units that meet the conditions of quality and hygiene supplies delivered to meet consumer demands.
In order concentration and diversification of production, slaughterhouses will be held according to the basis of raw materials and the consumer polling for industrialization as meat dishes, preserves and semi and processing products.

Article 7

Production of flour, cornmeal, bread, specialty bread, pastry, pasta and biscuits is achieved in industrial complexes and units of republican and mills, bakeries, simigerii and the like, the state units of local interest and cooperative.
Units that manufacture these products are responsible for full and rational use of the full capacity of production, continuous improvement of product quality and diversification of the assortment, according to local tradition and consumer demand.

Article 8

People's Councils will organize joint meat processing capacity in preparations, pasteurization and the milk processing, oil mills, processing capabilities vegetables and fruits, mills, bakeries and the like, for higher processing and diversified materials raw food and of natural resources, provision of services both for population and for meeting the requirements of local public consumption.
These capabilities will use technologies and equipment to be carried out based on a program developed by the Ministry of Agriculture together with the executive committees of county people's councils.

Article 9

Catering and tourism, state or cooperative must carry out different types of cuisine, kitchen precooked products, meat processing, confectionary, pastry, confectionery, ice cream, soft drinks and other preparations, depending on the profile of activity and consumer demands. These units will also realize, types of food and other dishes with local and traditional.
Assortment mandatory group meals, confectionery, confectionery and soft drinks for each type of unit catering are established by the Ministry of Home Trade.

Article 10

Catering must use specific technologies for preparation of food, in order to ensure and maintain its nutritional properties, in compliance with recipes for preparing established according to legal norms.
Units shall take measures to introduce new cooking recipes in accordance with the requirements of good nutrition to ensure a balance between the main physiological and nutritional components of food and production to expand and precooked dishes and dietary menus.

Article 11

Goods socialist power units is done only on the recipes and manufacturing technologies established by legal norms.
New food goods may be manufactured or prepared only after approval after the establishment of rules of consumption and price of the bodies provided by law.
Methodology approval is established by the Ministry of Agriculture and Food Industry and the Ministry of Trade, in consultation with central authorities which coordinate supply units producing goods and consent of the State Inspectorate General Products Quality Control.
For goods we supply with local cuisine, which is produced and inflated in the same county, the methodology approval is established by the bodies of the executive committee of the county people or Bucharest.
Approval power supplies will be made after testing buyers' preferences.

Article 12

Checking product quality, starting with the raw materials to the finished product at all stages of production and during storage at production units supply of goods is carried out by technical quality control bodies. Execution of control does not exonerate liability on those who organize or lead production.
In the establishments producing their own laboratories will be organized, equipped and assigned accordingly, which will track and verify quality parameters, physical-chemical and bacteriological the raw materials, semi-processed and finished products throughout the manufacturing flow.

Article 13

Responds Ministry of Agriculture and Food Industry, controls, coordinates and directs the entire production unit of food items and establishes technical measures mandatory for all units regardless of subordination.
Also ensure that production guidance and households.

Article 14

Ministry of Agriculture and Food Industry lays down technical quality, consumption norms, perishable, and rules and regulations of stock to supply goods that are carried out by units subordinated mandatory for all production units, regardless of their subordination .
For other food items made only in production units subordinated to other organs to establish the rules and regulations set out in the preceding paragraph returns of these bodies, with the Ministry of Agriculture.
Food preparations shall be made only in the public food chain, rules and regulations laid down in para. 1 are established by the Ministry of Home Trade.
Technical quality rules will be established in all cases and with the Ministry of Home Trade and the General Inspectorate of State for Product Quality Control.
Rules and regulations of the stock, which approval is the competence of the State Planning Committee and the Ministry of Technical Materials Supply and Control Asset Management Funds are established by these bodies.
Criteria for establishing the rules and regulations set out in this Article shall be approved by presidential decree.

Article 15

Ministry of Agriculture and Food Industry, other central and local bodies, which coordinate production units to supply goods with the Ministry of Machine-Building Industry, Ministry of Chemical Industry, the Ministry of Forestry and Building Materials, Interior Ministry of Commerce and the State planning Committee, the Ministry of Technical materials supply and Control Asset Management Funds will take action based on the perspective programs in accordance with the provisions of the national plan for economic and social development unique to:

A) providing machinery, equipment, spare parts and materials needed to manufacture food goods to the requirements resulting from program development unit of the food industry;

B) providing necessary equipments for catering units for preparation;

C) diversifying production machinery and equipment for the food industry and catering network, taking into account new food items to be manufactured or prepared.

Article 16

Section III

In approving food goods delivery food goods are established their names, warranty terms, indications of quality and storage conditions to ensure the maintenance of qualitative characteristics of the products within these limits, as and retail packaging and transport.
For canned food goods, the approval will be established and the terms of validity. Guarantee terms and validity for these goods are provided, where appropriate, state standards or rules.
The guarantee means the time limit within which the reconditioning or replacement good food is at the expense and expense of producing establishment, unless it is proved that degradation has occurred due to the fault of the beneficiary.
After expiry of warranty, canned food goods producing unit responsible for hidden defects, within the period of validity. By valid means limit consumption during the good food preserved, stored and transported under appropriate conditions must maintain unchanged the quality characteristics listed in state standard or international standard.

Article 17

Units must deliver the goods producing power quality compliance. Beneficiary units are obliged to refuse receiving products due to quality shortcomings can not be put on sale.
Delivery of food supplies by producing units will be rhythmically before an thirds of the warranty of the good.
For canned fish, vegetables or fruit-producing units and recipient may agree that the delivery to be made at a later date if their delivery is not possible within the limits provided for in the preceding paragraph, without exceeding the warranty. In this case, the warranty period of the good food law extends the length of time between the date when the initial term of one third of guarantee and delivery, not to exceed shelf life.
For those canned goods other than food, Warranty set for approval may be extended only quality indicators based on the review by specialized laboratories under the conditions set by the Ministry of Health and Ministry of Home Trade. It prohibits the extension of warranty on goods that consume power only fresh or have a special purpose.

Article 18

The supply of food from businesses with high retail network will be made in order of seniority, without exceeding the storage life, and the ones preserved in any case the two-thirds of term validity.
Beneficiary units may refuse to supply goods not delivered in terms of art. 17 and preceding paragraph.

Article 19

Ministries, other central and local organs of state administration, which coordinate production units to supply goods with the Ministry of Technical Materials Supply and Control Asset Management Funds, through the General Directorate of state reserves will take canned food goods measures that constitute state reserve to be refreshed. Keeping these goods into the state reserve deposits can not exceed more than half the shelf.

Article 20

To ensure the marketing of goods within the canned food shelf life, they will be received and stored in batches, in order of date of manufacture and established themselves in the stock accounts, term life, such as supplies and marketing stores to be made in order of seniority.
Producing units can keep their premises storage units at the request of the beneficiary, their food supplies, for a period of more than half of shelf life. In this case, payment for goods replenishment will be the beneficiaries deadlines of contracts by supporting the costs related to the storage period.
Producing units are obliged to take measures for prevention of the creation of stocks of goods without food outlets ensured, which can result in exceeding the warranty term or life and their qualitative degradation.

Article 21

Units wholesalers and the retail will ensure full dissolution of goods within the canned food shelf life. Varieties with slower sales will be concentrated in time in commercial units with high volume sales and in areas where products are requested, while accelerating deliveries to collective consumption and catering.

Article 22

If some food items could not be opened to the public within the period of validity, businesses holder will deliver for consumption only on the basis of analysis bulletins issued by health or veterinary authorities, who will certify that they are fit for human consumption and can be opened by the commercial network. Analysis canned animal food supplies will be made by sanitary and veterinary laboratories, and the plant health laboratories. The analyzes will be carried out by representative sample, taken in batches in accordance with legal norms.
Supply sale of goods will be done by the businesses within 1-3 months after their attestation for consumption in the previous paragraph. The term and conditions of capitalization will be included in the analysis, depending on the nature of the product and laboratory test results.
Food goods that do not exploit these deadlines are excluded from human consumption.

Article 23

Section IV

food packaging and storage of goods used in food packaging must ensure that the quantity and quality of presentation and aesthetics of goods consumer information on how and product quality, quantity contained stock price, brand and date of manufacture, storage and use other features.
For food goods established by the Ministry of Agriculture together with the Ministry of Health, Ministry of Home Trade and State General Inspectorate for Quality Control Products, the packaging or the product will move and Warranty. Also producing units are required to enroll in the package or label canned food goods and date when the term of validity.

Article 24

Ministries, other central and local bodies, which coordinate production units to supply goods, take measures to ensure preambalarii or packaging food for fund market, to maintain their quality and toease dissolution through self-service units.

Article 25

The deposits of units of production of goods and food sales network will ensure hygienic conditions, temperature, humidity and light, each category of goods and handling facilities to allow the use of mechanized.

Ministry of Agriculture and Food Industry, together with the Ministry of Home Trade, develop technical standards for the storage of food, mandatory for all units regardless of subordination.

Article 26

Ministries, other central and local bodies, which coordinate production units to supply goods with the Ministry of Machine-Building Industry, Ministry of Metallurgical Industry, Ministry of Chemical Industry, Ministry of Forests and Materials of Construction, Ministry of Light Industry Ministry of Trade, Ministry of Transport and Telecommunications and State Committee of Planning and Minister of supply Technical materials and Control Management Funds Assets, will be taken on certain programs in perspective, developed in accordance with the provisions of the single national plan of development economic and social order:

A) providing quantitative and qualitative packaging and packaging materials;

B) equipping units with equipment and devices for packaging and wrapping;

C) extending transport goods supply specialized transport;

D) development of storage of food goods, especially those equipped with cooling systems, both at the production units to supply goods, and at retail units and washroom existing storage installations and means technical realization of the storage conditions according to the rules.

Chapter 3

scientific research to the production of food goods

Article 27

Food goods produced on the basis of results in scientific research.
Scientific research in the field of food goods production will be targeted principally for achieving the following objectives:

A) improve product quality, particularly by increasing the nutritive value through technology and new equipment, recipes, methods of packaging and conservation, to ensure a balance between the main physiological and nutritional components of food - proteins, fats, carbohydrates and vitamins - depending on the nature of work and consumer age, geographic, tastes and local traditions;

B) diversification and renewal products based on the requirements of the population, mainly aiming at developing technologies and recipes for manufacturing dietary products, baby products and precooked products that ease the work in households;

C) better use of raw materials and food into the economic attracting new resources of raw materials;

D) technologies and improving hygiene conditions in the manufacture or preparation of food goods.

Article 28

Research to create new food items will take into account the preferences of the test results. The testing methodology is established by Ministry of Agriculture and Food Industry and the Ministry of Home Trade.
For dietary food assets, Ministry of Agriculture and Food Industry and the Ministry of Health will organize testing consumer categories, differentiated by disease and age categories.

Article 29

Ministry of Agriculture and Food Industry will ensure the inclusion of physical tasks for the capitalization of research in plane production units, regardless of their subordination.

Chapter 4 Ensure hygiene in production of food goods

Article 30

Production units will operate on power supplies sanitary authorization. For establishments that produce and trade goods animal feed and authorization is required veterinary officer.

Article 31

Food production units of goods, irrespective of their size, are required to:

A) to organize the production process so as to ensure continuity of normal process flow, avoiding cross between phases sanitary and unsanitary hygiene and compliance, in all phases of production;

B) to preserve and store raw materials and finished products easy to clean and disinfect premises, to ensure the continued quality of the goods stored;

C) to observe sanitary rules on delivery and, where appropriate, the veterinary, both on the product, as well as its packaging;

D) to maintain the sanitary condition of endowment buildings, interior and exterior spaces of their dependencies, social groups, machinery and furniture;

E) to provide equipment to protect the health food goods and labor protection equipment, according to the law.

Article 32

Production units to supply goods to be used in the production of drinking water.
Use non-potable water is allowed to only those technological operations or maintenance approved by health authorities or, where appropriate, veterinary.

Article 33

Producing units are obliged to ensure smooth operation and maintenance of drinking water supply installations, refrigeration, plumbing, lighting, hot water collection, purification and wastewater evaporation and to take enforcement measures regular actions pest control, disinfection and disinsectisation. Also, take measures for the collection, removal and disposal of waste material in special places for this purpose.

Article 34

Staff working in production of food goods is obliged to undergo medical examinations to employment and periodically, according to sanitary norms.
Governing bodies of the units will provide staff training on personal hygiene and jobs and are responsible for enforcing these rules by unit staff.

Article 35

Using dyes, flavorings, preservatives and other food additives in the manufacture and preparation of food goods is permitted only if hygiene regulations set by the Ministry of Health.

Chapter 5

Liabilities and sanctions
Article 36

Breach of the provisions of this law will result in disciplinary, civil, administrative or criminal, as appropriate.

Article 37

Tampering or replacement of materials or goods used in the manufacture or preparation of food, and delivering them knowing they were manufactured or made from materials or forged or substituted, shall be punished according to art. 297 of the Penal Code with imprisonment from 6 months to 3 years.
If the forgery or substitution of raw materials or materials become harmful health food goods, the punishment is, according to art. 313 of the Penal Code imprisonment from 6 months to 5 years.
Attempt shall be punished.

Article 38

Considered contravention to the rules on food goods production following acts, if they are not committed in such conditions that the criminal law, constitute crimes:

A) introduction into the production of goods or supply of raw materials improper prescriptions quality technical materials;

B) failure to recipes and manufacturing technologies or preparing food goods;

C) deviation packaging or wrapping on products and product groups, provided the state standards and internal rules;

D) violation of rules or regulations of the stock;

E) violation of Art. 20 last paragraph, art. 21 and 22.

The offenses are punishable by a fine of 500 to 2.000 lei.

Article 39

Ascertained and the sanctions are the minutes concluded by inspectors from the State General Inspectorate for Quality Control of Products and persons specifically authorized by the Ministry of Agriculture and Food Industry Minister supplies or technical material management and control of fixed assets.
The contraventions committed in commercial units and sanction are commercial and state inspectors.

Article 40

Provisions of art. 38 and 39 is filled with Law no. 32/1968 establishing and sanctioning contraventions.

Chapter 6

Article 41

Ministry of Agriculture and Food Industry, Ministry of Health, Ministry of Trade, along with Romanian Institute of Standardization and other central bodies concerned will be reviewed within 90 days from the date of entry into force of this Act, state standards and internal rules canned food goods, setting every product assortment and besides the warranty and shelf life.

Article 42

Existing stock packages that do not comply with this law, will be able to use up to 31 December 1976.

Article 43

This law comes into force 60 days after its publication in the Official Gazette of the Socialist Republic of Romania.

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