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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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LEGE no. 42 42 of 20 December 1975 on the production of foodstuffs
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL BULLETIN no. 135 135 of 26 December 1975



+ Chapter 1 General provisions + Article 1 In the Socialist Republic of Romania, the development of food production, the diversification of assortments, the lifting of their nutritional value, in order to satisfy the food requirements of the population, constitute a state problem. + Article 2 The production of food goods is carried out on the basis of a unitary program of superior valorization of agricultural raw materials and of continuous increase in the volume and quality of products The supply of the population with food goods is ensured on the basis of an annual program, approved by presidential decree, at the proposal of the Council of + Article 3 The production of food goods is carried out in state or cooperative units, as well as in households. + Chapter 2 Organisation of production and delivery of foodstuffs + Article 4 + Section I Agricultural raw materials for the production of foodstuffs Producers of agricultural, animal and plant raw materials, intended for the production of food goods, have an obligation to ensure the continuous growth of yields and supplies to the central fund of the state, as well as the improvement of the content of the useful substance, nutritional value, technological characteristics and diversification of the products it achieves. They are responsible for the rhythmic delivery of products, in the quantities and assortments contracted, as well as by the observance of the quality and sanitary and sanitary-veterinary conditions. + Article 5 At the reception of agricultural raw materials, the quality conditions are compulsorily checked by laboratory analysis. It shall be prohibited to take over and use in the production of raw materials which do not correspond to the quality and veterinary conditions. + Article 6 + Section II Organisation of food production The units of Republican interest ensure the manufacture of basic food goods and mass production. State units of local interest and cooperative ones can manufacture, according to plan provisions, sugary products, confectionery, pastry, simigerie, juices and soft drinks, ice cream, ice, vinegar, expanded products from cereals and other goods. Food. The Ministry of Agriculture and Food Industry, as the coordinating body, together with the other interested bodies establish the structure and production volume of the units that manufacture food goods, regardless of their subordination. Meat production and meat preparations are carried out in slaughterhouses and in complex meat industrialization units, which meet the quality and hygiene conditions of the goods delivered to cover consumption requirements. For the purpose of concentrating and diversifying production, the slaughterhouses will be organized, depending on the basis of raw materials and consumption area, wards for the industrialization of meat in the form of preparations, preserves and semiconserve, as well as for processing subproducts. + Article 7 The production of flour, corn, bread, bakery specialties, pastry, pasta and biscuits is carried out in industrial complexes and units of republican interest, as well as mills, bakeries, simigers and the like, from state units of local and cooperative interest. The units that manufacture these products respond to the complete and rational use of the entire production capacity, the continuous improvement of product quality and the diversification of the assortment range, according to local tradition and demand consumers. + Article 8 The popular councils will organize in common meat processing capacities in preparations, pasteurization and milk processing, oil presses, vegetable and fruit processing capacities, mills, bakeries and the like, for processing. superior and diversified of agri-food raw materials, as well as natural resources, both for the provision of services to the population, as well as for the satisfaction of local public consumption requirements. These capabilities will use technologies and machinery that will be carried out on the basis of a program developed by the Ministry of Agriculture and Food Industry together with the executive committees of the county folk councils. + Article 9 Food and tourism establishments, state or cooperative, must carry out different assortments of dishes, semi-preparations of cuisine, carmangerie products, confectionery-pastry, sugary products, ice cream, refreshments and other preparations, depending on the activity profile and consumer requirements. These units will also realize the assortments of food and other culinary products with local and traditional specific. Mandatory assortments by groups of dishes, confectionery-pastry and soft drinks, for each type of food establishment, are established by the Ministry of Interior Trade. + Article 10 Food establishments must use specific technologies for the preparation of culinary products, in order to ensure and maintain their nutritional properties, in compliance with the preparation recipes established according to the rules Legal. The units will take measures to introduce new preparation recipes in accordance with the requirements of a rational diet, which ensures the physiological and nutritional balance between the main food components, as well as the expansion of production of preparations and semi-preparations and of dietary menus. + Article 11 Food goods in socialist units are carried out only on the basis of prescriptions and manufacturing technologies established according to the legal norms. New food goods may be manufactured or prepared only after approval and after the establishment of consumer norms and price by the bodies provided by law. The approval methodology shall be established by the Ministry of Agriculture and Food Industry together with the Ministry of Internal Trade, in consultation with the central bodies that have food-producing units and the agreement under-orders. State General Inspectorate for Product Quality Control. For new, locally-specific food goods that are produced and opened in the same county, the approval methodology is established by the specialized bodies of the executive committees of the county folk councils or the city of Bucharest. The approval of food goods will be done after testing the preferences of buyers + Article 12 The verification of the quality of the products, starting with the raw material up to the finished product, in all the manufacturing phases and during the storage at the food production units, is carried out through the technical quality control bodies. The execution of the control does not exonerate all those who organize or conduct the production process of responsibility. Within the manufacturing units will organize their own laboratories, equipped and properly framed, through which they will follow and verify the qualitative, physical-chemical and bacteriological parameters of raw materials, semi-finished products and products Finished, throughout the manufacturing flow. + Article 13 The Ministry of Agriculture and Food Industry responds, controls, coordinates and directs the entire production of food goods and establishes technical measures, mandatory for all units, regardless of subordination. It also ensures the guidance of this production in households as well. + Article 14 The Ministry of Agriculture and Food Industry establishes technical norms of quality, consumer norms, perishability, as well as norms and normative of stock for food goods that are carried out by subordinate units, mandatory for all production units, regardless of their subordination. For other food goods, made only in production units subordinated to other organs, the establishment of the norms and norms provided for in the previous paragraph lies with these organs, with the agreement of the Ministry of Agriculture and Food Industry. For food preparations that are carried out only in the food network, the norms and norms provided in par. 1 shall be established by the Ministry of Interior The quality technical norms will be established in all cases and with the agreement of the Ministry of Interior Trade and the General State Inspectorate for Quality Control of Products. The norms and norms of stock, the approval of which is within the competence of the State Committee of Planning and the Ministry of Technical Supply-Materials and Control of the Management of Fixed Funds, shall be established by these bodies. The criteria for determining the rules and regulations provided for in this Article shall be approved by presidential decree. + Article 15 The Ministry of Agriculture and Food Industry, the other central bodies and local bodies, which subordinate food production units together with the Ministry of Machine Building Industry, Ministry of Chemical Industry, The Ministry of Forestry Economy and Construction Materials, Ministry of Interior Trade, as well as the State Planning Committee, Ministry of Technical-Materials Supply and Management Control of Fixed Funds, will take action, based on some perspective programs, in accordance with the provisions of the plan unique national economic and social development, for: a) the provision of machinery, machinery, spare parts and materials necessary for the manufacture of food goods at the level of the requirements resulting from the unitary food industry development programme; b) providing the necessary machinery for food establishments for the preparation of products; c) diversification of the production of machinery, machinery and materials for the food industry and the food network, taking into account the new food goods to be manufactured or prepared. + Article 16 + Section III Delivery of food At the approval of the food goods are established their names, warranty terms, quality indices and storage conditions that ensure the maintenance of the qualitative characteristics of the products within these deadlines, as well as the packaging of Sale and transport. For preserved food goods, the dates of validity will also be determined on the approval. The terms of security and validity for these goods shall be provided, as the case may be, in the state standards or in the internal rules. The term of guarantee means the time limit within which the reconditioning or replacement of the food good shall be taken into account and the expense of the producer unit, if it is not proved that its degradation occurred at the fault of the establishment Beneficiary. After the expiry of the warranty period, for the preserved food goods the manufacturing unit responds for hidden defects, within the shelf life. The term of validity means the period of consumption in which the preserved food, stored and transported under appropriate conditions must maintain unchanged the quality characteristics entered in the state standard or in the internal norm + Article 17 The manufacturing units must deliver the food in compliance with the quality conditions. The beneficiary units are obliged to refuse to receive products that, due to qualitative deprivation, cannot be put into sale. The delivery of the food goods by the manufacturing units will be made rhythmically, before the fulfillment of a third of the guarantee term of the good For canned fish, vegetables or fruit, the producer and the beneficiary units may agree that the delivery will be made at a later date if it is not possible to deliver them within the limit provided for in the previous paragraph, without however exceeding the term guarantee. In this case, the period of guarantee of the food good shall be extended by right with the length of time between the date of fulfillment of a third of the original warranty period and the date of delivery, without exceeding the term of validity. For food goods other than those preserved, the term of guarantee established at the approval may be extended only on the basis of the review of the quality indices by the specialized laboratories, under the conditions established by the Ministry of Health and Ministry of Interior Commerce. It shall be prohibited to extend the term of guarantee to foodstuffs which are consumed only fresh or have a special purpose. + Article 18 Deliveries of food goods from wholesale businesses to the retail network will be done in the order of seniority, without exceeding the storage term, and in terms of preserved ones, in no case the two-thirds period of term of validity. The beneficiary units may refuse the undelivered food goods within the time limits provided for in art. 17 and the previous paragraph. + Article 19 Ministries, other central bodies and local bodies of the state administration, which have subordinated food production units, together with the Ministry of Technical-Materials Supply and Management Control of Fixed Funds, through the General Directorate of State Reserves, will take measures that the preserved food goods constitute the State Reserve to be refreshed. The preservation of these goods in the deposits of the state reserves may not exceed more than half of the term of validity. + Article 20 In order to ensure the sale of preserved food goods within the period of validity, they will be received and stored on lots, in order of the date of manufacture, establishing for this purpose an operative record, on terms of validity, so that deliveries and undoing through stores should be done in the order of seniority. The manufacturing units may keep in their storage facilities, at the request of the beneficiary units, their food goods, for a duration of no more than half of the term of validity. In this case, the payment of food goods will be made by beneficiaries at the due dates in the contracts, with the support of the expenses related to the storage period The manufacturing units are obliged to take measures to prevent the creation of stocks of food goods without insured sale, which can lead to exceeding the term of guarantee or validity and to their qualitative degradation. + Article 21 Wholesale, as well as retail, commercial establishments will ensure the full disposal of the preserved food goods within the shelf life. The slower outlets will be concentrated in a timely manner in commercial units with high volume of sale and in the localities where the products are more requested, while accelerating deliveries to collective consumptions and food establishments. + Article 22 If some food goods could not be disposed of to the population within the shelf life, the holding companies will deliver them for consumption only on the basis of the analysis bulletins issued by the health organs or veterinary-veterinary, which will attest that they are fit for human consumption and can be opened through the commercial network. The analysis of the preserved food goods of animal origin will be done by the sanitary and veterinary laboratories, and the vegetal ones, by the sanitary laboratories. The analyses will be carried out through representative samples, taken by lots, in accordance with the legal norms. The exploitation of food goods will be made by commercial enterprises within 1-3 months from the date of their certification for consumption, according to the previous paragraph. The term and conditions of recovery will be entered in the analysis bulletin, depending on the nature of the product and the results of laboratory samples. Food goods which are not used in these terms shall be excluded from human consumption. + Article 23 + Section IV Packaging and storage of food goods Packaging used in foodstuffs must ensure the preservation of their quantity and quality, the aesthetic presentation of goods and the information of consumers on the quality and quality of the product, the quantity contained, the selling price, factory brand and date of manufacture, storage and use conditions and other characteristics. For the food goods established by the Ministry of Agriculture and Food Industry together with the Ministry of Health, the Ministry of Interior Trade and the General State Inspectorate for Quality Control of Products, on its packaging or on the product will also pass the warranty term. Also, the manufacturing units are obliged to register on the packaging or on the label on the preserved food goods and the date of fulfillment of the shelf life. + Article 24 Ministries, other central bodies and local bodies, which subordinate food production units, will take measures to ensure the prepackaging or packaging of food goods intended for the market fund, for the purpose of preserving their quality and the facilitation of undoing through self-service units. + Article 25 Conditions of hygiene, temperature, humidity and light, corresponding to each category of goods, as well as handling spaces to allow the production of goods and from the outlet network shall be provided in the warehouses of the food production units and the outlet network. use of mechanized means. The Ministry of Agriculture and Food Industry, together with the Ministry of Interior Trade, develops technical norms for the storage of food goods, mandatory for all units, regardless of subordination. + Article 26 The ministries, the other central organs and local bodies, which subordinate food production units together with the Ministry of Machine Building Industry, the Ministry of Metallurgical Industry, the Ministry of Chemical Industry, Ministry of Forestry Economy and Construction Materials, Ministry of Light Industry, Ministry of Interior Trade, Ministry of Transport and Telecommunication as well as State Planning Committee and Ministry of Supply Technical-Materials and Control of Fixed Funds Management, will take measures, based on perspective programs, developed in accordance with the provisions of the single national economic and social development plan, for: a) quantitative and qualitative insurance of packaging and packaging materials; b) equipping units with machinery and packaging and packaging devices; c) extension of transport of goods by specialized means of transport; d) the development of food storage facilities, especially those provided with cooling systems, both at the food production units and at the disposal units, as well as the endowment of existing storage facilities with installations and technical means for the realization of storage conditions according to established rules. + Chapter 3 Scientific research in the field of food production + Article 27 The food is produced on the basis of the results obtained in the scientific research activity. Scientific research in the field of food production will mainly be aimed at achieving the following objectives: a) improving the quality of the products, especially by increasing the nutritional values, through new technologies and machinery, recipes, packaging and preservation methods, which ensure the physiological and nutritional balance between the main components of the food- proteins, fats, carbohydrates and vitamins-depending on the nature of work and age of consumers, geographical areas, tastes and local traditions; b) diversification and renewal of products on the basis of population requirements, mainly following the development of technologies and recipes for the manufacture of dietary products, products for children and semi-prepared products to facilitate work in households; c) superior valorisation of agri-food raw materials and the attraction of new raw materials resources into the economic circuit; d) improving hygienic-sanitary technologies and conditions in the manufacture or preparation of foodstuffs. + Article 28 Research for the creation of new food goods will take into account the results of population preferences testing. The testing methodology is established by the Ministry of Agriculture and Food Industry together with the Ministry of Interior Trade. For dietary food goods, the Ministry of Agriculture and Food Industry together with the Ministry of Health will organize testing by categories of consumers, differentiated according to diseases and age categories. + Article 29 The Ministry of Agriculture and Food Industry will ensure the inclusion of physical tasks for the valorization of research carried out in the production plan of the units, regardless of their + Chapter 4 Ensuring hygiene conditions in food production facilities + Article 30 The food production units will operate on the basis of the sanitary authorization. For establishments producing and undoing food of animal origin, the veterinary authorization is also required. + Article 31 Food production units, regardless of subordination, are obliged: a) to organize the production process so that the continuity of the normal technological flow is ensured, the avoidance of crosses between the sanitary and unsanitary phases and the observance of hygiene norms, in all stages of production; b) to keep and store the raw materials, materials and finished products in easy-to-clean and disinfected spaces, to ensure the maintenance of the quality of the stored goods; c) comply with the sanitary and, as the case may be, the veterinary health rules, both with regard to the product and its packaging; d) to maintain in a state of cleanliness the buildings provided, their interior and exterior spaces, outbuildings, social groups, machinery and furniture; e) to provide the equipment for sanitary protection of food goods and protective equipment, according to the legal provisions. + Article 32 Food production units will use drinking water in the production process. The use of non-drinking water is permitted only in those technological or maintenance operations approved by the health organs or, as the case may be, veterinary health. + Article 33 The manufacturing units are obliged to ensure the proper functioning and maintenance of drinking water supply facilities, refrigeration, technical-sanitary, lighting, hot water, collection, wastewater treatment and evaporation and take measures. Regular execution of actions of deratization, disinfection and disinsection. They will also take measures to collect, remove and store residues, in places specially arranged for this purpose. + Article 34 Staff working in food production facilities are obliged to undergo medical examinations when working and periodically, according to sanitary norms. The management bodies of the units will ensure the training of staff on the rules of personal hygiene and jobs and are responsible for the application of these rules by the staff of the unit. + Article 35 The use of dyes, aromatizers, preservatives and other food adjuvants in the manufacture and preparation of food goods is only allowed in compliance with the hygiene norms established by the Ministry of Health. + Chapter 5 Liabilities and penalties + Article 36 Violation of the provisions of this law attracts disciplinary, material, civil, contravention or criminal liability, as the case may be. + Article 37 Falsification or substitution of raw materials or materials used in the manufacture or preparation of foodstuffs, as well as their delivery knowing that they were manufactured or prepared from raw materials or falsified or substituted materials, is punishable according to art. 297 of the Criminal Code, with imprisonment from 6 months to 3 years. If by falsifying or substituting raw materials or materials food goods have become harmful to health, the punishment is, according to art. 313 of the Criminal Code, imprisonment from 6 months to 5 years. The attempt is punishable. + Article 38 It constitutes contraventions to the norms on the production of food goods the following facts, if they are not enjoyed in such incit conditions, according to the criminal law, constitute crimes: a) the introduction into the production of food goods of raw materials or inadequate materials of quality technical prescriptions; b) non-compliance with prescriptions and manufacturing technologies or food preparation; c) non-compliance with packaging or prepackaging prescriptions on products and groups of products, provided in state standards and internal norms; d) violation of rules or regulations of stock; e) violation of art. 20 last paragraph, art. 21 21 and 22. The contraventions are sanctioned with a fine of 500 to 2,000 lei. + Article 39 The finding of contraventions and the application of sanctions shall be made by minutes concluded by the inspectors of the General State Inspectorate for Quality Control of Products and by persons empowered by the Minister of Agriculture and Industry food or minister of technical-material supply and control of fixed funds management. The finding of contraventions enjoyed in commercial establishments and the application of the sanction are also made by state commercial inspectors. + Article 40 Provisions art. 38 and 39 are completed with the provisions of Law no. 32/1968 establishing and sanctioning contraventions. + Chapter 6 Final provisions + Article 41 Ministry of Agriculture and Food Industry, Ministry of Health, Ministry of Interior Trade, together with the Romanian Institute of Standardization and other central bodies interested, will reanalyze, within 90 days from the date of entry into force of the present law, state standards and internal rules on canned food goods, establishing at each product and assortment besides the term warranty and shelf life. + Article 42 The packages existing in stock, which do not meet the requirements of this law, will be able to be used until December 31, 1976. + Article 43 This law shall enter into force 60 days from the date of publication in the Official Bulletin of the Socialist Republic of Romania. ------------------