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Law No. 344 Of 31 May 2002

Original Language Title:  LEGE nr. 344 din 31 mai 2002

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LEGE no. 344 344 of 31 May 2002 on approval Government Ordinance no. 108/1999 to amend and supplement Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal norms of hygiene and public health
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 389 389 of 7 June 2002



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 108 108 of 30 August 1999 to amend and supplement Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal rules of hygiene and public health, issued pursuant to art. 1 lit. K section 1 1 of Law no. 140/1999 on the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 429 of 31 August 1999, with the following amendments and additions: 1. In Article I, point 2, Article 1 shall read as follows: "" Art. 1. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: a) absence of health opinion for projects and technical documentation on the location of economic and social-cultural objectives, systematization of populated centers and territory, construction, transformation, extension, change of destination or systematization of industrial objectives, production, processing and disposal units of food, commercial warehouses, service units, education, culture, tourism and recreation, medical-sanitary, nuclear, transport, of housing, urban facilities and urban planning and development the territory, agricultural, zootechnical and any other public health impact objectives; b) non-solicitation and/or non-compliance with the health opinion issued by the Ministry of Health and Family for design and project-type normative, draft state standards, standards and technical norms for technologies, raw materials and finished products, projects of national plans for systematization and landscaping, new products manufactured in the country and products imported for the first time, which by nature or by their way of use can influence the health of the population, the use of substances new or the introduction of new technological processes, putting into circulation chemicals used as disinfectants or pesticides, technical rules on quality conditions for food and technologies used in the food industry, establishment of indications and contraindications for consumption food of bottled mineral waters. " 2. In Article I, point 3, Article 2 shall read as follows: "" Art. 2. -It constitutes a contravention and is sanctioned with a fine of 5,000,000 lei to 30,000,000 lei: a) non-compliance with the clauses imposed by the operating health authorization; b) the operation of any objective without sanitary authorization of operation, as well as the operation after the issuance, under the law, of the decision to suspend the activity c) failure to comply with the measures prescribed by the territorial public health department, which aim to prevent and combat communicable diseases, prevent injuries and intoxications favored and maintained by harmful factors, as a result of pollution of the work environment and life; d) public consumption of new food products, not endorsed by the Ministry of Health and Family. " 3. In Article I, point 4, Article 3 shall read as follows: "" Art. 3. -Constitutes contravention and is sanctioned with a fine from 6.000.000 lei to 20,000,000 lei: a) failure to apply appropriate measures to prevent the emanation of repellent odours, powders, smoke, gas and vapour, which constitute harmful substances to health, above the maximum permissible limits laid down by the rules and standards in force, such as and the production of waste water or waste resulting from activities of an industrial nature, commercial, service provision or activity of natural persons, in the inhabited areas, and from the storage or processing of materials producing such substances; b) the production, repeatedly, of noises exceeding the maximum limits set by the hygiene rules and the standards in force for the inhabited areas; c) non-compliance by natural and legal persons with the hygiene rules in force relating to living areas, if it creates risks for public health; d) non-compliance by natural and legal persons with the minimum health protection distances established by the hygiene rules in force regarding the living areas; e) the increase of poultry and consumer animals in inhabited areas, in spaces at distances lower than those established by the hygiene rules in force; f) failure to carry out laboratory self-control by legal entities whose activity results pollutants of any nature, in areas of health protection; g) uncontrolled storage or outside the specially arranged places of household solid waste and those resulting from construction; h) non-compliance with the hygienic-sanitary conditions provided in the hygiene rules in force for the handling, transport and storage of cosmetic products, allowing to maintain the stability of the qualitative parameters and their sanitation. " 4. In Article I, point 6, Article 5 shall read as follows: "" Art. 5. -It constitutes a contravention and is sanctioned with a fine from 2,000,000 lei to 10,000,000 lei: a) non-preparation by producers and distributors of water in the public system of the regulation of exploitation, operation and maintenance of central water supply plants for human consumption, respectively of ensuring the potability, as well as non-compliance with the health provisions established by this regulation, endorsed by the territorial public health department; b) failure to ensure the maintenance of the state of cleanliness throughout the territory of water production plants/stations for human consumption, both in buildings with different installations and on the land in the health protection zone; c) non-announcement of the territorial public health department on the production of damage at the level of water production plants/stations for human consumption, on interventions at the level of water distribution networks, stop or intermittence of water in network, as well as non-informing the population on the water supply program; d) non-preparation of the plant exploitation program, endorsed by the territorial public health department, regarding their maintenance, as well as the quality control of the water for human consumption, bottled by the producers. " 5. In Article I, point 8, the introductory part and letters a)-h), j), m) and n) of Article 7 shall read as follows: "" Art. 7. -It constitutes a contravention and is sanctioned with a fine of 5,000,000 lei to 25,000,000 lei: a) failure by producers and distributors of water for human consumption in public system of laboratory control of water potability, according to the standards in force; b) non-performance by producers of food, alcoholic and non-alcoholic beverages, of culinary and ice products of laboratory control of water potability, according to the standards in force; c) failure to ensure effective disinfection of water produced and/or distributed to the population as water for human consumption, according to the standards in force; d) non-assurance by producers of a 99.9% efficiency in water treatment, expressed in turbidity degrees and in the value of coliform bacteria, according to the standard in force; e) failure to carry out proper disinfection of water for the first quantities of water distributed, after an interruption in the distribution and in the following situations: -incidents of commissioning of new installations, after changes in the technological process, after remediations, revisions or refurbishments; --when there is no guarantee of security of the distribution network, which could lead to contamination of the water on the network; -in epidemiological situations with risk of transmission of infectious diseases; f) non-insurance by producers and distributors of water for human consumption of a reserve of disinfectant and coagulant substance for a minimum of 30 days of operation; g) the use by authorized natural and legal persons, in the preparation of food products, alcoholic and non-alcoholic beverages, culinary products, ice and others, of water sources, without respecting the quality indicators of water h) the use by producers and/or distributors of water for human consumption of building materials, reagent treatment technologies, products, pipes, pipes, accessories and devices, as well as appliances measuring without supporting documentation on the approval of the Ministry of Health and Family and without complying with the instructions for use; ............................................................... j) the use of construction materials, reagents and substances used in water production and bottling plants for human consumption, without them being endorsed by the Ministry of Health and Family for use in contact with water; ............................................................... m) water bottling for human consumption in containers of materials not endorsed by the Ministry of Health and Family for use in contact with water, as well as the use of returnable containers for bottling water for human consumption, without approval prior to their reuse; n) the use of water for human consumption of containers made from materials and products that are not endorsed by the Ministry of Health and Family for use in contact with water. " 6. In Article I, point 9, points a), e)-h) of Article 8 shall read as follows: " a) water supply for human consumption of the population, which does not meet the quality conditions for human consumption, according to the standard in force, at work, in temporary collectives or in case of natural calamities, disasters and accidents; ............................................................... e) failure to provide surface water treatment technologies for water given in human consumption; f) non-compliance with the measures imposed by the legal provisions on health protection zones of water sources used for the production of water for human consumption, plants/production stations, storage tanks, adductions, stations pumping, disinfection and distribution networks; g) the absence of disinfectant at the entrance to the distribution network or at the network heads of public water supply systems; h) the visible non-marking of sources and water networks, which do not correspond to the water quality conditions for human consumption, from the premises of the units of any kind and of public places. " 7. In Article I, point 11, the introductory part and letters b) and c) of Article 9 shall read as follows: "" Art. 9. -Constitutes contravention and is sanctioned with a fine of 5,000,000 lei to 50,000,000 lei: .............................................................. b) non-maintenance at all times the state of operation and cleaning of indoor sanitary facilities in units, including in means of transport and housing, by economic agents, as well as by housing associations/owners or natural persons; c) non-insurance by the housing associations/owners and by the residents of the individual households of the endowment with ecological containers or non-insurance by the owner or manager of the units of any kind of endowment with ecological containers for the collection of household waste, located in specially arranged spaces, garbage rooms or platforms connected to the water and sewerage network, washed and disinfected, maintained in good condition, repaired, numerically sufficient to preserve residues for a maximum of 2-3 days; ' 8. In Article I, point 12, the introductory part and letters b), e)-g) and i) of Article 10 shall read as follows: "" Art. 10. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: ............................................................... b) rhythmic non-evacuation and whenever necessary the content of small waste water collection facilities, such as: haznale, absorbent wells, closets, managed by natural or legal persons; ............................................................... e) non-maintenance in the working order of small waste water collection facilities, such as: vidanjable septic tanks, absorbent wells and others, by their keepers and the vidanjation of waste water from haznale in open channels, in mouths of channel or in street gullies; f) non-granting of the indoor sewerage installation of the dwellings by their owners to the public sewerage network, where there is a network, or failure to ensure the collection of fecaloid-household wastewater in their own facilities; g) non-compliance by sanitation services with hygiene rules on the maintenance of the cleaning of streets, parks, markets and other public places and non-compliance with regularity of household and street waste; ............................................................... i) non-removal of bodies or animal debris, under the conditions provided for by the rules in force, by animal keepers and/or by the administration of the public domain. " 9. in Article I, point 12, after point i) of Article 10, insert the letter j) with the following contents: " j) failure to ensure the endowment and location of mobile WCs of the type of young people in crowded places on the occasion of festive days and camping celebrations, exhibitions, fairs, shutters and others, to be placed near the venue of the activity, easy to transport to the place of emptying, easy to clean and disinfect. " 10. In Article I, point 13, the introductory part and letters d)-f), h) and l) of Article 11 shall read as follows: "" Art. 11. -It constitutes a contravention and is sanctioned with a fine from 20,000,000 lei to 80,000,000 lei: ............................................................... d) failure to perform periodically, according to the hygiene norms, the disinsection and deratization of household solid waste deposits; e) insufficient neutralization of industrial waste water and incomplete purification of fecaloid-household waters; f) evacuation of wastewater from infectious disease hospitals, laboratories working with pathological products, as well as from any units that through their specificity contaminate these waters, without biological treatment and neutralization of substances radioactive or toxic chemicals; ................................................................. h) location and arrangement of warehouses, storage facilities, processing and neutralization of solid waste, as well as of domestic, industrial, street, vacuum and animal bodies, without sanitary authorization; ................................................................. l) lack of endowment with sanitary group of homes, including rural areas, and units of any kind, non-location, non-sizing, non-compliance and non-maintenance of hygiene norms; " 11. In Article I, point 15, the introductory part of Article 12 shall read as follows: "" Art. 12. -It constitutes a contravention and is sanctioned with a fine from 3,000,000 lei to 15,000,000 lei: " 12. In Article I, paragraph 16, the introductory part and letters a), h) and l) of Article 13 shall read as follows: "" Art. 13. -It constitutes a contravention and is sanctioned with a fine from 4,000,000 lei to 20,000,000 lei: a) non-insurance in the supply units of personal hygiene services of linen cleaned, disinfected and ironed, changed after each person; .............................................................. h) the operation of swimming pools and swimming pools without annexes, such as changing rooms, separate sanitary groups by sex, according to the number provided by the rules in force in relation to the capacity of the unit; .............................................................. l) use of sharp instrumentation in barbershop units, hairstyle, manicure, pedicure, cosmetics, without prior sterilization; " 13. In Article I, paragraph 17, the introductory part of Article 14 shall read as follows: "" Art. 14. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: " 14. In Article I, point 19, the introductory part and points c) and e) of Article 15 shall read as follows: "" Art. 15. -It constitutes a contravention and is sanctioned with a fine from 3,000,000 lei to 15,000,000 lei: ............................................................... c) non-insurance in the units and spaces providing medical and social assistance for children of the accommodation space and hygiene conditions for accompanying mothers, as well as their internment in greater number than that established by the structure of beds approved by the Ministry of Health and Family; ................................................................ e) not ensuring the operation of the heating system, in order to ensure the thermal comfort of the sick, according to their specific needs; " 15. in Article I, point 19, after point g) of Article 15, points h), i) and j) shall be inserted as follows: " h) non-reporting by the health facilities of nosocomial infections to the territorial public health directorates; i) failure to provide full protective equipment for medical-health personnel in accordance with the rules in force, as well as its non-use; j) non-compliance with special measures established in special epidemiological situations. 16. In Article I, paragraph 20, the introductory part of Article 16 shall read as follows: "" Art. 16. -It constitutes a contravention and is sanctioned with a fine from 3,000,000 lei to 10,000,000 lei: " 17. In Article I, paragraph 21, the introductory part and points a)-c) of Article 17 shall read as follows: "" Art. 17. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 15,000,000 lei: a) failure to ensure the premises and facilities necessary for the collection, storage, removal, neutralization and incineration, as the case may be, of the potentially contaminated waste, resulting from the activities of the health facilities, under the conditions established by the hygiene norms in force to prevent the transmission of nosocomial infections; b) failure to perform at the stations and/or in the sterilization points in the health facilities of the control of the sterilization efficiency and the non-preparation of the documentation necessary for the sterilization record, in accordance with the rules c) failure to ensure the storage and preservation in optimal conditions of sterilized items in health facilities; " 18. in Article I, point 21, after letter f) of Article 17, the letters g) and h) shall be inserted as follows: " g) non-use, for components of medical equipment and medical instruments which cannot be subjected to heat sterilization, of disinfectant substances which ensure chemical sterilization or other sterilization methods; h) ignorance by the medical-health and auxiliary health personnel of the techniques and procedures for the preparation of the instrumentation for sterilization. " 19. In Article I, paragraph 22, the introductory part and points a) and e)-h) of Article 18 shall read as follows: "" Art. 18. -It constitutes a contravention and is sanctioned with a fine from 2,000,000 lei to 5,000,000 lei: a) failure to report cases of diseases communicable to the territorial public health department, in accordance with the rules and instructions in force; ............................................................... e) non-insurance by the administrations of the health facilities of the permanent supply and sufficient with materials necessary to carry out the cleaning and operations of disinfection, disinsection, deworming and deratization; f) non-application by medical-health personnel from health facilities of measures regarding the detection, processing and records of persons infested with parasites of head and body; g) failure to ensure the storage and storage of disinfectant products in conditions to prevent physical-chemical changes and biocidal properties of products; h) the use in health facilities of disinfectants and antiseptics, insecticides and raticides not endorsed by the Ministry of Health and Family. " 20. in Article I, point 22, after letter h) of Article 18, the following points i) are inserted: " i) non-application of the provisions of the national immunization program by medical-health personnel with specific duties in this activity, regardless of the form of organization within the public or private system; j) failure to ensure the conditions of transport, storage, management and use of biological and medicinal products for human and veterinary use, provided by the manufacturer's instructions; k) failure to ensure terminal disinfection in collective outbreaks of communicable diseases; l) non-compliance by individuals, suspects and convalescents of communicable diseases, healthy carriers of pathogenic germs, as well as by legal entities of the measures provided by the rules in force, in order to prevent and combat communicable diseases, such as: vaccinations and revaccinations, clinical and laboratory examinations, periodic checks of carriers of pathogens, testing of the state of immunity, prophylactic treatments or other epidemiological measures; m) modification of circuits in health facilities, without the opinion of the territorial public health department; n) non-warning by medical personnel of persons with epidemiological risk in relation to the medical and criminal consequences of non-compliance with anti-epidemic measures, as well as the non-specification of these measures; o) non-establishment or non-application by medical-health and administrative personnel of public or private health facilities of measures to prevent the occurrence or spread of diseases communicable to persons receiving medical assistance in these units; p) non-reporting of vaccinations and revaccinations carried out by health facilities, within the infectious disease surveillance system, at the territorial public health department; q) non-performance or after necessity of the works of sanitization and revision of installations and equipment, as well as of the reconditioning and repair works of the buildings of the health facilities; r) reuse of instrumentation and disposable materials; s) permanent non-maintenance of the state of cleaning in health facilities. " 21. in Article I, point 23, Article 19 shall be repealed. 22. in Article I, paragraph 24, points d) and g) of Article 20 shall read as follows: " d) non-compliance with the instructions of the Ministry of Health and Family on mandatory immunizations, measures to fight in the outbreak, isolation of patients with communicable diseases and release of epidemiological opinion; ................................................................ g) non-compliance with the manufacturer's instructions or recommendations provided for in the health opinion on the use of disinfectants, antiseptics, insecticides and raticides used. " 23. In Article I, paragraph 27, the introductory part and letters b) and d) of Article 22 shall read as follows: "" Art. 22. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: ................................................................ b) the use in maintenance of cleaning from outside the production halls, from the sanitary annexes, from the courtyards and outbuildings of the employees working in the technological processes of food production, to the processing or handling of food; ................................................................ d) the settlement, even provisional, directly on the sidewalk, in yards or on the floor of the rooms of artificial ice, as well as of the shuttles and trays used for the transport of bakery and confectionery products, milk and milk products, meat, meat preparations and semi-dishes; ' 24. in Article I, point 27, after point i) of Article 22, insert the letter j) with the following contents: "j) non-provision of clean and complete sanitary protection equipment for staff working in the sectors of production, processing, storage, transport and disposal of food, and non-use of this equipment." 25. In Article I, point 28, the introductory part and letter b) of Article 23 shall read as follows: "" Art. 23. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 15,000,000 lei: ............................................................... b) the transport and storage of food in the form of raw materials or semi-finished products together with finished products, which are consumed without thermal processing and without ensuring the appropriate conditions for each category; " 26. in Article I, point 28, after letter r) of Article 23, the letters s) and s) shall be inserted as follows: " s) non-labelling of pre-packaged foodstuffs in accordance with the rules in force; s) visible non-marking of work tables, wood funds, knife handles and cold spaces, to identify the purpose of use by types of food. " 27. In Article I, paragraph 29, the introductory part and letters g), j), m), o) and q) of Article 24 shall read as follows: "" Art. 24. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: ................................................................ g) non-insurance in all food establishments of the correct and permanent operation of the control and recording equipment of the parameters that condition the sanitation of processing and storage of raw materials, semi-finished products and finished products by sterilisation, pasteurisation, refrigeration, freezing and other specific procedures; ................................................................ j) non-insurance, in food sector units of production, processing, service, storage, transport, sale, cold current water for human consumption, corresponding to the quality of the standard in force, and domestic hot water, distributed in hygienic conditions wherever necessary and in sufficient quantities to cover the technological needs and for the maintenance of the cleaning of machinery, furniture and facilities; ................................................................ m) non-insurance in food units of cleaning, disinfection, disinsectisation and deratization operations and non-provision of equipment and supply of food unit with machinery, utensils and specific materials for washing and disinfection, disinsectional and, where appropriate, deratization; ................................................................ o) the use without health notice of inks and dyes used in the printing or colouring of foodstuffs, their packaging, and the direct contact of food with the printed part of the packaging; ................................................................ q) keeping in galvanized metal vessels or in aluminum pots of liquid and semi-liquid foods, except water, ethyl alcohol and food fats; " 28. In Article I, point 30, points a) and i) of Article 25 shall read as follows: " a) the putting into consumption of food which is counterfeit or which presents: I. organoleptic signs of obvious alteration; II. signs of infestation with parasites and insects, as well as debris or signs of their activity, except for products for which limits are provided in hygiene norms or in state standards; III. signs of contact with rodents; IV. smell and taste, foreign to the product's nature; V. taste, smell or mould stains, with the exception of selected moulds; VI. content of non-approved chemicals or above the limits permitted by the hygiene rules in force; VII. content of foreign bodies, except in cases where the norm provides for a maximum permissible limit; VIII. aflatoxin content B1 above the permitted limits for cereals, dried legumes, oilseeds, peanuts, walnut kernels, hazelnuts, concentrates and protein isolates of vegetables and others; IX. microbial content beyond the limits allowed by the microbiological norms in force; ............................................................... i) use in the composition of pigments intended for household objects of cadmium sulfuses, mercury oxides, lead and chromium. " 29. In Article I, paragraph 31, the introductory part of Article 26 shall read as follows: "" Art. 26. -It constitutes a contravention and is sanctioned with a fine from 2,000,000 lei to 10,000,000 lei: " 30. In Article I, point 32, the introductory part and letter e) of Article 27 shall read as follows: "" Art. 27. -It constitutes a contravention and is sanctioned with a fine from 3,000,000 lei to 10,000,000 lei: ............................................................... e) non-insurance, in medical nuclear units, of functional circuits, according to the sanitary norms in force. " 31. In Article I, paragraph 35, the introductory part of Article 29 shall read as follows: "" Art. 29. -It constitutes a contravention and is sanctioned with a fine from 1,000,000 lei to 5,000,000 lei: " 32. In Article I, paragraph 36, the introductory part and letters j), l), p), q), t), u) and v) of Article 30 shall read as follows: "" Art. 30. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: ................................................................ j) failure to carry out by the doctor the examinations for employment and periodic medical checks, in compliance with the rules in force; ................................................................ l) non-compliance with medical recommendations as a result of medical examinations for employment and periodic medical checks; ................................................................ p) employment of people in jobs where there is a risk of transmission of diseases, such as: food, livestock, drinking water supply facilities, children's communities and other public interest units, without respecting rules in force; q) non-application of special measures to protect the skin and mucous membranes for substances that can penetrate the body through the skin and mucous intact; ................................................................. t) the distribution of pregnant women in jobs with exposure to some chemicals, such as lead, mercury, carbon sulphide, benzene and other toxic chemicals, as well as to trepidation, nuclear radiation, lifting and carrying weights and Prolonged orthostatism; u) the use of young people under the age of 16 when carrying out manual loading, unloading and transport operations and young people under the age of 18 at operations with highly toxic and/or explosive hazardous materials and products; v) the use of young people under the age of 18 in dyeing places involving the use of basic lead carbonate, lead sulphate or lead minium and all products containing these pigments; ' 33. In Article I, paragraph 37, the introductory part and letter b) of Article 31 shall read as follows: "" Art. 31. -Constitutes contravention and is sanctioned with a fine of 30,000,000 lei to 50,000,000 lei: ................................................................ b) non-insurance by economic agents from the public, private and cooperative sectors of the basic material conditions for carrying out full medical examinations of employees in the environment with noxes, according to the law; " 34. In Article I, paragraph 38, the introductory part of Article 32 shall read as follows: "" Art. 32. -It constitutes a contravention and is sanctioned with a fine from 2,000,000 lei to 4,000,000 lei: " 35. in Article I, paragraph 38, point d) of Article 32 is repealed. 36. In Article I, paragraph 39, the introductory part and letters a) and j) of Article 33 shall read as follows: "" Art. 33. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 10,000,000 lei: a) non-compliance by the heads of state and private units for the protection, education and training of children and young people, as well as by the administrations of children's camps and young people of the hygiene norms in force specific to each objective and conditions laid down in the sanitary authorization of operation related to functional circuits, minimum cubage of air, microclimate, lighting, furniture, objects and sanitary annexes, maintenance of cleaning and others; ............................................................... j) non-compliance with the hygiene norms in force for food establishments, in the case of food kiosks inside schools and higher education establishments. " 37. In Article I, paragraph 41, the introductory part of Article 34 shall read as follows: "" Art. 34. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 10,000,000 lei: " 38. In Article I, paragraph 41, the introductory part of Article 35 shall read as follows: "" Art. 35. -It constitutes a contravention and is sanctioned with a fine from 6.000.000 lei to 12,000,000 lei: " 39. In Article I, paragraph 44, point d) of Article 36 shall read as follows: " d) police officers and sub-officers, in the case of contraventions provided in art. 2 lit. b), art. 8 lit. h), art. 12 lit. a), art. 14 lit. c), art. 22 lit. d) and art. 23 lit. s); " 40. In Article I, paragraph 45, points b) and c) of Article 38 shall read as follows: " b) police officers and sub-officers, in the case of contraventions provided in art. 2 lit. b), art. 8 lit. h), art. 12 lit. a), art. 14 lit. c), art. 22 lit. d) and art. 23 lit. s); c) their mayors and their power of attorney, for the contraventions provided in art. 1 lit. b), art. 2 lit. b) and d), art. 3 lit. g), art. 8 lit. h), art. 11 lit. c), art. 12 lit. a), art. 14 lit. c), art. 22 lit. d), art. 23 lit. a) and s), art. 24 lit. l) and art. 25 lit. a) section I-IV. " 41. in Article I, paragraph 45, after point c) of Article 38, the following point d is inserted: " d) staff assigned to positions assimilated to those referred to in lett. a) and b) from the directions, services and medical facilities of ministries and other central organs with their own health network, provided for in Law no. 100/1998 on public health assistance, for contraventions committed within the units subordinated to these ministries or central bodies. " 42. In Article I, paragraph 46, Article 41 shall read as follows: "" Art. 41. -In so far as this law does not have otherwise, the provisions are applicable Government Ordinance no. 2/2001 * *) on the legal regime of contraventions. " -------------- Note * *) Government Ordinance no. 2/2001 was published in the Official Gazette of Romania, Part I, no. 410 of 25 July 2001, and has been approved and amended by Law no. 180/2002 , published in the Official Gazette of Romania, Part I, no. 268 268 of 22 April 2002. 43. In Article I, point 49 (a), paragraph 1 of Article 43 shall read as follows: "" Art. 43. -(1) The operation of establishments of any kind with repeated violation of the legal hygiene rules attracts the withdrawal of the sanitary authorization to operate. " 44. In Article I, paragraph 49, letter c) shall read as follows: c) Article 43, which becomes Article 45, shall read as follows: "" Art. 45. -(1) Food products which do not comply with the rules in force and which constitute a risk to the health of consumers will be stopped from human consumption and distorted. (2) Non-food products which do not comply with the rules in force will be prohibited for sale 45. In the order of the phrase the Ministry of Health is replaced by the phrase Ministry of Health and Family. 46. Annex no. 1 1 will have the following contents: "" ANNEX No 1 MINISTRY OF HEALTH AND FAMILY Institution ........................... MINUTES finding the contravention No. ........... Concluded today .......................................... on ....../ (day, month, year) /................................... The undersigned/undersigned ......................................, as ................................. at ......................, I found that ........................................, residing in ............................, str. .............................. .............................. No. ........... ..........., bl. ..........., sc. ..........., ap. ..........., as .................. at the point of work ...................., str. ................................ ................................ No. ........... ..........., bl. ..........., sc. ..........., ap. ......, pending by .............., based in ......................, str. ...................... ...................... No. ......... ........., bl. ........., sc. ..........., ap. ........... ..........., no. registration at the Trade Register ..........., fiscal code no. ..........., ASF no. ..........., owner/owner of the bulletin/identity card series .......... no. ..........., issued/issued by ........................ on .............................., is guilty/guilty of the following/the following facts/facts: ................................ ................................................................................................................................................................................................................................................................ ................................................................. committed/committed on the date of ..........., time ..........., in the following circumstances: ..........., contravening by this provision Law no. 98/1994 , with subsequent amendments and completions, which attract a fine penalty: under art. ........ lit. ......., from ....... to ........ lei; under art. ........ lit. ......., from ....... to ........ lei; under art. ........ lit. ......., from ....... to ........ lei. Ascertaining agent, .......................... I got the copy from the minutes. Trespasser, ........................................ Objections of the offender and the means of evidence to be served in the case: ........... .................................................................. Observations of the finding agent: .............................. .................................................................. The offender is not present, refuses or cannot sign. Witness: Name ....................... first name ......................, domiciled/domiciled in ...................., str. .................. .................. No. ........ ........, bl. ........., sc. ........, ap. ........, owner/owner of the bulletin/identity card series ........... no. ........... ..........., issued/issued by ........... on ................................................ ................... ((signature) Witness: Name ....................... first name ......................., domiciled/domiciled in ..................., str. ................ ................ No. ........ ........, bl. ........, sc. ........, ap. .........., owner/owner of the bulletin/identity card series ........... no. ........... ..........., issued/issued by ........... on .................................................... .................. ((signature) Resolution of the application of the sanction and the notice of payment The undersigned/undersigned ..........., as ........... at ..........., I apply to the offender/offender .......................... above-called a fine of ........... lei, according to the present minutes of finding contravention no. ..........., which it will pay to ........... within 15 days from the date of communication, following that in the same term to hand over or send the recommended payment receipt to ......................... In accordance with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, the offender can commit under the signature to pay at ..........., no later than 48 hours from the date of conclusion of the minutes of finding the contravention, half of the minimum of the fine provided by the normative act for the act committed. In case of non-payment of the fine at the fixed term, the forced execution will be carried out, according to Government Ordinance no. 2/2001 on the legal regime of contraventions and Government Ordinance no. 11/1996 on the execution of budgetary claims, approved and amended Law no. 108/1996 , with subsequent amendments and completions. Against the minutes of finding and the resolution of the application of the contravention you can complain within 15 days from the date of their communication, which will be filed together with the copy of the minutes of finding the contravention to the body that applied the sanction. This minutes contains two pages and has been drawn up in 3 copies, one of which is left in receipt at .................... ............................................... (signature of the body that applied the sanction) I'm aware. Trespasser, .................... .................... " 47. Annex no. 2 2 will have the following contents: "" ANNEX No 2 MINISTRY OF HEALTH AND FAMILY Institution ............................. MINUTES finding hygienic-sanitary conditions Today ........ 200 ..... The undersigned ......................................, fulfilling the function of .................................. at the State Health Inspection ......................., accompanied by ..........................., fulfilling the function of ..................... at ......................, following the hygienic-sanitary control carried out at the unit ....................., with headquarters in the county ................., locality ...................., str. ........................... ........................... No. ........... ..........., bl. ..........., sc. ..........., ap. ..........., pending by ........................, with headquarters in .................., str. .................... .................... No. ..........., in the presence of Mr./Mrs. ......................., as ................, we found the following: .......................... ............................................................... ............................................................... ............................................................... Following the findings and in accordance with the provisions Law no. 100/1998 on public health assistance measures and the following prescriptions and recommendations are formulated: ...... ................................................................. ................................................................. This minutes contains ........... pages and has been drawn up in two copies, one of which remains at ............ Organ finder, I got the original. .................... .................... ..................... " 48. Article II shall read as follows: "" Art. II. -This ordinance will enter into force 30 days from the date of its publication in the Official Gazette of Romania, Part I, the date on which any contrary provision is repealed. " This law was adopted by the Senate at the meeting of May 7, 2002, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, GHEORGHE BUZATU This law was adopted by the Chamber of Deputies at the meeting of May 13, 2002, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ---------