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Law No. 348 Of 10 July 2003 Concerning The Law Of Horticulture

Original Language Title:  LEGE nr. 348 din 10 iulie 2003 privind Legea pomiculturii

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LEGE no. 348 348 of 10 July 2003 (** republished) (* updated *) on the law of fruit ((updated on 12 June 2015 *)
ISSUER PARLIAMENT




---------- ** **) Republicated pursuant to art. V lit. h) of Title III of Law no. 363/2007 on combating unfair practices of traders in relation to consumers and harmonising regulations with European consumer protection law, published in the Official Gazette of Romania, Part I, no. 899 of 28 December 2007, giving the texts a new numbering. Law of Pomiculture no. 348/2003 was published in the Official Gazette of Romania, Part I, no. 541 541 of 28 July 2003 and has been amended and supplemented by Law no. 60/2007 to amend and supplement Law of Pomiculture no. 348/2003 , published in the Official Gazette of Romania, Part I, no. 212 212 of 28 March 2007, and by Law no. 342/2007 amending paragraph 1 ((2) art. 30 of the Law no. 348/2003 , published in the Official Gazette of Romania, Part I, no. 846 846 of 10 December 2007. + Chapter I General provisions + Article 1 This law regulates the framework for the development of fruit trees, the establishment and exploitation of fruit plantations, the production and exploitation of fruits, based on the scientific foundation and extension of technical progress, under the conditions of the common organization market in the fruit sector. + Article 2 (1) The specialized body of the central public administration in the field elaborating the development strategy of the fruit growing is the Ministry of Agriculture and Rural Development. (2) The strategic objectives of the development of fruit growing are: a) concentration and specialization of fruit production; b) the introduction of European competitive species and varieties into the crop; c) the development of centers and basins with tradition in the field, to ensure the specialization on quality products with geographical designation. + Article 3 (. The common market organisation in the fruit sector shall contain rules on: a) fruit heritage and fruit production potential; b) food safety and the valorisation of fruit and fruit products in quality conditions; c) professional, inter-branch organisations and bodies on the branch; d) the instruments and mechanisms for regulating the market. (2) The species of trees, fruit shrubs and strawberries grown in Romania are set out in Annex no. 1. + Chapter II Tree heritage + Article 4 (1) The fruit heritage consists of the following groups: trees, mulberries and fruit shrubs, regardless of the system of culture, strawberries, nurseries, including land for asolamente, land in preparation for planting and land in intravilan planted with trees, dudes, fruit shrubs and strawberries. ---------- Alin. ((1) of art. 4 4 has been amended by section 1 1 of art. unique from LAW no. 131 131 of 5 June 2015 , published in MONITORUL OFFICIAL no. 403 403 of 9 June 2015. (2) Keeping the fruit heritage, maintaining and raising the biological value and productive potential of tree plantations, fruit shrubs and strawberries and protecting the environment, water, soil and preserving the ecosystem and Biodiversity rests with growers. + Article 5 (. The fruit shall be classified in the following categories: a) young plantations, until the entry on the fruit; b) plantations on fruit, in full production; c) plantations on fruit, in decline; d) fruit and fruit nurseries; ---------- Lit. d) a par. ((1) of art. 5 5 has been amended by section 4.2 2 2 of art. unique from LAW no. 131 131 of 5 June 2015 , published in MONITORUL OFFICIAL no. 403 403 of 9 June 2015. e) pomological collections, competition cultures and experimental lots; f) land in preparation for the establishment of plantations. (2) The system of culture is defined by density, assortments, technologies, technical and economic performance and is classified in the following groups: a) extensive system; b) intensive system; c) superintensive system; d) pump razleti. + Article 6 (1) The plantations of fruit trees, fruit shrubs and strawberries are mainly carried out in the established areas, on land with ecological conditions favorable to each species, called fruit areas. (2) The fruit areas represent the geographical area of the fruit trees and the fruit shrubs, constitute a distinct category of the land fund and are set out in Annex no. 2. (3) Fruit trees and shrubs located in courtyards, gardens, pastures, meadows, alignments and whose products are not the subject of marketing on the market belong to the category of grated trees and do not stand out in the fruit cadastre. (4) The records of the razleti trees shall be kept separately for statistical purposes. + Article 7 (1) The Ministry of Agriculture and Rural Development and the Ministry of Interior and Administrative Reform organize the inventory of the fruit heritage once every 5 years. ((2) The procedures for carrying out the inventory and the model of forms for the inventory of fruit plantations shall be established by joint order of the Minister of Agriculture and Rural Development and the Minister of Internal Affairs and Administrative Reform. + Article 8 The technologies for the establishment and maintenance of fruit plantations, by species, are updated and developed by the Research and Development Institute for Pomiculture Pitesti Maracineni and are distributed through the National Agricultural Advisory Agency, hereinafter referred to as ANCA. + Chapter III Establishment, exploitation and deforestation of fruit plantations + Article 9 (1) The establishment of tree plantations, dudes, fruit shrubs and strawberries is made in established areas, the choice of species and varieties is the free option of any owner or land holder, on the recommendation of authorized specialists in this purpose, according to legal provisions. ---------- Alin. ((1) of art. 9 9 has been amended by section 3 3 of art. unique from LAW no. 131 131 of 5 June 2015 , published in MONITORUL OFFICIAL no. 403 403 of 9 June 2015. (2) The planting of fruit trees from the category of trees grated in gardens and courtyards, as well as in the extravilan land is made respecting the distances from the limit of the neighbors ' property, as follows: a) to 2 m of grater or fence, small trees; b) at least 3 m of grater or fence, high-waisted trees. + Article 10 The Ministry of Agriculture and Rural Development and the research and development institute for fruit growing, through ANCA, make periodic recommendations on the varieties of performing fruit species, which ensure quality, competitive, requested of the market, to be introduced into the culture. + Article 11 The owners and legal owners of land, who wish to establish fruit and mulberry plantations, benefit from financial aid from the state, in accordance with the legislation in force. ---------- Article 11 has been amended by section 1. 4 4 of art. unique from LAW no. 131 131 of 5 June 2015 , published in MONITORUL OFFICIAL no. 403 403 of 9 June 2015. + Article 12 The arrangement of sloping, poorly fertile land and soil erosion phenomena and their valorisation through fruit crops are considered activities of national interest to protect the environment and enjoy the state's support, provided by the Land Fund Improvement Fund, according to the legislation in force. + Article 13 (1) The plantations of trees with an area of more than 0,5 ha and those of fruit shrubs of more than 0,2 ha, located in areas, basins and established centres, shall be established on the basis of the planting permit issued by the directions for agriculture and development county rural and, respectively, the city of Bucharest. (2) For plantations of trees with an area of more than 2 ha and for plantations of fruit shrubs with an area of more than 0,5 ha planting authorization shall be issued on the basis of a project to establish the fruit plantation developed by persons authorized and endorsed by the research and development institute for fruit growing or the fruit research and development resort in the area. (3) The collections of fruit trees and shrubs, fruit tree crops and experimental plots are exempted from obtaining the planting authorization. + Article 14 (1) The deforestation of plantations of trees and fruit shrubs of commercial interest belonging to natural or legal persons is made only on the basis of the clearing authorization issued by the directions for agriculture and county rural development and, respectively, of the city of Bucharest, under the conditions provided by the legislation in force, and has a purpose. *) Note
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* *) See Order of the Minister of Agriculture, Forestry, Water and Environment No. 149/2004 on the approval of forms-type regarding the authorization of planting and deforestation of fruit plantations, published in the Official Gazette of Romania, Part I, no. 186 186 of 3 March 2004.
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(2) The minimum conditions for authorising deforestation of fruit plantations are: a) the plantation presents 60% dry and dry voids and trees; b) the plantation is in decline and shows infections caused by mycoses, bacteria, viruses, the control of which is not justified economically; c) have the normal duration of operation expired; d) in cases when the deforestation of walnut and edible chestnut plantations is requested in massive, the application for grubbing will be accompanied by documents on technical expertise carried out by a research and development institute for agriculture or the fruit research and development resort in the area; the criteria underlying the documentation in order to authorize the cutting of the walnut and edible chestnut specimens, as well as their deforestation when they are in massive are established according to the provisions this law. (3) The application for obtaining the deforestation authorization shall be submitted to the directions for agriculture and county rural development, respectively of the city of Bucharest, 3 months before the execution of deforestation. (4) The collections of fruit trees and shrubs, fruit tree crops and experimental plots, which are approved by the scientific councils of the respective units, are exempted from obtaining the authorization to grubber the collections of fruit trees and shrubs.
+ Article 15 (1) The wood material resulting from the deforestation of the fruit and nut plantations is the property of each legal holder of the plantation and of the razleti trees, which can freely market or use it. (2) In the case of marketing, the wood material must be accompanied by the deforestation authorization issued in accordance with the provisions of this law, as well as the accompanying notice of the wood material. + Article 16 (1) The duration of operation of plantations of fruit trees and shrubs, under normal operating conditions, as well as the modality of their deforestation are laid down in the methodological norms for the application of the legal presence. * *) Note
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** **) See Government Decision no. 156/2004 for the approval of the Methodological Norms Law of Pomiculture no. 348/2003 , published in the Official Gazette of Romania, Part I, no. 149 149 of 19 February 2004.
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(2) If, after grubbing, the land is not replanted, the holders have the obligation to submit to the directions for agriculture and county rural development and, respectively, the city of Bucharest, 3 months before the deforestation, the documentation required to change the category of land use, in accordance with the legal provisions in force. (3) The exploitation regime of fruit plantations and fruit shrubs belonging to educational institutions, for teaching purposes, and of the experimental plots of the research units will be established by the educational plans, respectively by the research programmes of those establishments.
+ Article 17 The crop of nuts in the category of grated trees is also subject to the following special provisions: a) the planting of nuts is made with the propagating material selected, originating from authorized nurseries; the fields subject to erosion can also be planted with local biotypes from forest nurseries; b) the cutting of nuts and edible chestnuts from the category of razleti trees, regardless of the owner, is made on the basis of the authorization provided in Annex no. 3 3; c) the application for the cutting of edible nuts/chestnuts from the category of razleti trees requested by natural or legal persons shall be submitted at least one month before the execution of the cut, and it shall be verified and approved by the specialists of the directions for agriculture and rural development, respectively of the city of Bucharest; d) the criteria underlying the documentation in order to authorize the cutting of the nuts/edible chestnuts are: 1. trees are aged and present dry branches 60% of the crown; 2. trees are located in a perimeter where objectives of national interest or interest of the local community are to be built; 3. trees are located on the alignments of national roads and the safety of road traffic is endangered. + Article 18 (1) Within 90 days from the publication of the present law in the Official Gazette of Romania, Part I, the authorized bodies will organize the inventory of nuts and edible chestnuts located in plantations or as razleti trees, with record the owners and the cadastral parcels in which they are found. (2) The nuts and edible chestnuts for which the deforestation authorization has been obtained will be marked according to the system practiced at the marking of forest species. + Article 19 In the programs of afforestation and combating soil erosion in the crop areas of walnut and chestnut, these species will also be introduced. The National Forest Regia Romsilva and other forest land holders will use planting material from authorized and recommended varieties, as well as local biotypes.
+ Chapter IV Fruit recovery + Article 20 (. The fruit intended to be delivered for human consumption shall be classified into categories of quality, in accordance with marketing standards, which acquire the character of obligatory. Note
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*** ***) See Order of the Minister of Agriculture, Forestry and Rural Development No. 532/2004 on the approval of the List of marketing standards for fresh vegetables and fruits, published in the Official Gazette of Romania, Part I, no. 712 712 of 6 August 2004.
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(2) The following fruits are subject to quality standards: cherries, cherries, apricots, peaches and nectarines, strawberries, apples, pears, plums, quinces, nuts in shell, fruit of fruit shrubs, as well as fruits of any kind that make the subject matter. (3) It shall be exempted from the requirements of conformity with the quality standards: a) the products offered by the producers at the special training centre, packing, marking, for wholesale sales or in detail; b) products shipped in bulk to processing units and factories.
+ Article 21 (1) Fruit marketing, according to the provisions of art. 20 20 para. ((1), is subject to compliance control on the product line. (. Compliance shall be carried out on the spot at all stages of marketing by the bodies authorised by law. + Article 22 ((1) The analysis of fruit which is the subject of sale on the market for human consumption on the content of pesticide residues, contaminants and other substances is mandatory and shall be carried out by accredited laboratories, at least once a year or at request of beneficiaries ((2) The records of treatments and substances used in fruit plantations, intended for the marketing of fruit, shall be kept by producers and shall be subject to the control of the State Inspection for technical control in the production and recovery of vegetables and fruit, body authorized by law for this purpose. + Article 23 (1) Fresh fruit for human consumption, which is marketed by economic operators, will be accompanied by tax documents in which quality and conformity with marketing standards will be entered by the issuer. (2) Small producers, individuals, who are not organized in associative forms can market fruits in street or traditional organized markets and have the obligation to exhibit on sale the products in quality and hygiene conditions, in order to ensure consumer protection and food safety. ((. The fruits which are subject to export marketing for fresh consumption shall be accompanied by a certificate of conformity with the marketing standard issued by the approved inspection body according to the law. + Article 24 (1) The processing of fruit for commercial purposes may be made by economic operators authorized for this activity, with their own means or grouped in different forms of cooperation. ((. The fruit intended for industrial processing shall be accompanied by the tax documents of conformity, issued by the manufacturer or trader, as the case may be, on which the industrial destination will be entered, and must present minimum quality conditions. (3) The fruit sold for industrial processing shall be accompanied by an industrial certificate of destination issued by the approved inspection bodies under the law. (4) The model of the certificate of conformity with the quality standards and the model of the certificate of industrial destination are laid down in the methodological norms for the application of this legislation. *) Note
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*) See the footnote corresponding to the asterisk at the end of art. 16 16 para. ((1).
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+ Article 25 ((1) The right of use by producers of names of geographical origin or traditional product for certain consignments of fresh or processed fruit shall be granted by certificate of attestation of the geographical origin, under the conditions laid down in legislation in force. (2) The certificate provided in par. (1) shall be issued by the competent bodies for this purpose, based on the checks made by specialists empowered to control compliance with the conditions imposed for the production of fruit and their processing. + Article 26 The State shall support the establishment of producer organisations and the interbranch organisation for fruit on the basis of the free initiative of producers in accordance with the legislation in force.
+ Chapter V Inspection and quality control of fruit and fruit products + Article 27 (1) In order to implement the provisions of this Law, the Ministry of Agriculture and Rural Development shall establish the State Inspection for Technical Control in the production and recovery of vegetables and fruits, continue I.S.C.T.P.V.L.F. , with organizational structures within the departments for agriculture and rural rural development and, respectively, of the city of Bucharest, which is approved by order of the Minister of Agriculture and Rural Development, in compliance with the number of staff, within the budget of the approved budget * *) Note
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** **) See Order of the Minister of Agriculture, Forestry and Rural Development No. 591/2006 on the organization and functioning of the State Inspection for the technical control in the production and recovery of vegetables and fruits, in order to execute the checks of conformity for fresh fruits and vegetables, published in the Official Gazette of the Romania, Part I, no. 815 815 of 3 October 2006.
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(2) The tasks of the I.S.C.T.P.V.L.F. will be established by methodological norms.
+ Chapter VI Sanctions + Article 28 Deforestation without authorization of plantations of fruit trees, regardless of the form of property, with an area of more than 0,5 ha, or of plantations of fruit shrubs with an area of more than 0,2 ha, as well as nuts or chestnuts edible, regardless of the system of culture, constitutes contravention and is punishable by a fine of 5,000 lei to 10,000 lei. + Article 29 It constitutes contravention and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: a) establishment of plantations with areas larger than 0.5 ha of fruit trees and areas larger than 0.2 ha of fruit shrubs by each economic or family operator or extension above this limit of existing ones, without authorization planting, with non-compliance with art. 13 13; b) non-compliance with 23 on the obligation of recording in the tax documents and/or in the forwarding notices issued by the producer or trader of the quality and conformity with the marketing standards, regulated in the Community legislation, in the case of marketing fresh fruit intended for human consumption and for industrial use, for industrial processing; ------------ Point b) art. 29 29 was amended by the single article of LAW no. 325 325 of 20 October 2009 , published in MONITORUL OFFICIAL no. 721 721 of 26 October 2009. c) non-compliance with 22 22 para. ((1) on the analysis of the content of residues, contaminants and other substances, as well as those concerning the evidence of treatments and substances used; d) non-compliance with 25 25 on the unauthorised use of the designation of geographical origin or traditional product. + Article 30 It constitutes contravention and is sanctioned with a fine of 1,500 lei to 3,500 lei obstruction of inspectors I.S.C.T.P.V.L.F. in the exercise of their duties on the control of compliance with the regulations in force by importers, exporters, traders, producers, warehouses and officers of the dispatch centres or any other person involved in the production or marketing of the fruit. + Article 31 The finding of contraventions and the application of the sanctions provided for in this law are made by minutes concluded by the competent control bodies of the Ministry of Agriculture and Rural Development, the Ministry of Economy and Finance and Ministry of Interior and Administrative Reform, according to their duties according to the law. + Article 32 Contraventions provided for in art. 29 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. + Chapter VII Final provisions + Article 33 ((1) Establishment, maintenance and deforestation of fruit plantations, fruit shrubs and strawberries, the conditions that fruit must meet for fresh and preserved recovery, as well as distilled products obtained from fruits, the conditions for the award of the name of products with geographical indication, the marketing norms, as well as other measures are established by the methodological norms for the application of this law, elaborated by the Ministry of Agriculture Rural, with the opinion of the Ministry of Public Health, Finance, Ministry of Development, Public Works and Housing, National Authority for Consumer Protection and Ministry of Justice. (2) The methodological norms for the application of this law shall be elaborated within 90 days from its publication in the Official Gazette of Romania, Part I, and shall be subject to the Government for the approval. *) Note
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* *) methodological norms for the application of Law of Pomiculture no. 348/2003 have been approved by Government Decision no. 156/2004 , published in the Official Gazette of Romania, Part I, no. 149 149 of 19 February 2004.
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+ Article 34 (1) This law shall enter into force within 90 days from the date of its publication in the Official Gazette of Romania, Part I. (2) On the date of entry into force of this Law, the Law of Pomiculture no. 11/1974 ,, published in the Official Bulletin, Part I, no. 105 105 of 29 July 1974. + Article 35 Annexes no. 1-3 are an integral part of this law. Note
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NOTE:
We reproduce below the provisions art. II of Law no. 60/2007 to amend and supplement Law of Pomiculture no. 348/2003 ,, which is not incorporated into the republished text of the Law no. 348/2003 and which continue to apply as own provisions of the Law no. 60/2007 :
"" Art. II. -The methodological norms for the application of this law are approved by order of the Minister of Agriculture and Rural Development, within 90 days from its publication in the Official Gazette of Romania, Part I. "
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+ Annex 1 SPECIES of trees, fruit shrubs and strawberries grown in Romania ┌ ------------------------------------- ()) | Species | | Species | ├ ------------------------------------- ()) | | A. Fruit trees | | B. Fruit shrubs | ├ ------------------------------------- ()) | Mar | | Black Coacaz | ├ ------------------------------------- ()) | Hair | | Red Coacaz | ├ ------------------------------------- ()) | Gutui | | White Coacaz | ├ ------------------------------------- ()) | Prun | | Agris | ├ ------------------------------------- ()) | Cherry | | Raspberry garden | ├ ------------------------------------- ()) | Visin | | Afin de culture | ├ ------------------------------------- ()) | Cais | | Garden Mur | ├ ------------------------------------- ()) | Piersic and Nectarin | | Maces | ├ ------------------------------------- ()) | Nuc | | Black Shock | ├ ------------------------------------- ()) | Migdal | | Rose for petals | ├ ------------------------------------- ()) | Alun | | Lonicera caerulea | ├ ------------------------------------- ()) | Castan | | Corn | └ ------------------------------------- ing in --------------------- | Catina | ├ ------------------------------------- | | C. Capsun | ├ ------------------------------------- | | D. Dud | ├ ------------------------------------- | White Dud | ├ ------------------------------------- | Black Dud | └ ------------------------------------- ---------- Annex 1 was supplemented by point 5 5 of art. unique from LAW no. 131 131 of 5 June 2015 , published in MONITORUL OFFICIAL no. 403 403 of 9 June 2015. + Annex 2 ZONING OF FRUIT SPECIES ┌ ------------------------- ----------------------------------------- ---------------------------------------- | Vegetation formation | Occupied Geographical Area | Cultivated Species | | natural | | | | ├ ------------------------- ----------------------------------------- ---------------------------------------- | Subarea of beech forests-| Hills between 500-800 m | Coacaz, agris, afin, | | | subfloor | altitude | some varieties of apple | ├ ------------------------- ----------------------------------------- ---------------------------------------- | Subarea of forests | Medium-sized and | Zmeur, mar, prun, visin, | | gorun | lower part of the other | some varieties of hair | | | high, 300-800 m | | | | | altitude | | | ├ ------------------------- ----------------------------------------- ---------------------------------------- | Subarea of the sky forests, | Northern part of the Plains | Mar, par, plum, quince, | garnita and oak | Roman, Piedmont Getic | cherry, visin, walnut, hazelnut, | | | and the external frame of the dealu-| capsun | | | | | | | | | | | | | | 50-500 m altitude | | | ├ ------------------------- ----------------------------------------- ---------------------------------------- | Silvostepa zone | larger areas or | All fruit species, | | | smaller in all come-| cultivated as opposed | | | ciile; 50-500 m altituine| in irrigated regime | ├ ------------------------- ----------------------------------------- ---------------------------------------- | Danubian steppe area | The eastern and southern part of | Cais, piersic, migdal, | | | Romanian Plain, Dobrogea, | prun, cherry, visin, | | | Barladului Platform, | Varatic varieties of apple | | | islands in the Siretu Plain-| and hair, walnut, in | | | lui; 0-200 m altitude | irrigation conditions | └ ------------------------- ----------------------------------------- ---------------------------------------- + Annex 3 AUTHORIZATION FOR CUTTING/GRUBBING --model- ┌ -------------------------------------- -------------------------------------- | MINISTRY OF AGRICULTURE AND DEVELOPMENT | MINISTRY OF AGRICULTURE AND DEVELOPMENT | | RURAL | RURAL | | DIRECTION FOR AGRICULTURE | DIRECTION FOR AGRICULTURE | | AND RURAL DEVELOPMENT | AND RURAL DEVELOPMENT | | ........................... | ............................ | ├ -------------------------------------- 留言 | 加入好友 | AUTHORIZATION No. ...../.......... | AUTHORIZATION No. ...../.......... | | | | | | Economic operator/person | In accordance with the provisions | Physics .............................., | Law on fruit growing ... | | with headquarters/domicile in the commune/city | Authorizing the economic operator/| | ............., county .............., | physical person ..............., with | requests for cutting/deforestation of .... ha/| headquarters/domicile in the commune/city | pieces of edible nuts/chestnuts. | .............., county ............., | | | for cutting/deforestation of ...... ha/ | | | pieces nuts/edible chestnuts from | | | the following places: ............... | | | | ..................................... | | | | | | | The applicant planted nuts/chestnuts | | | edible ...... ha/pieces in the area | | Executive Director, | .......... | | | ................... | | | (name and surname) | Executive Director, | | Signature and stamp | ................... | | | | (name and surname) | | | Signature and stamp | | Date of issue .............. | | | | Date of issue .............. | | | | | | N.B.: Authorization is printed on a | | | single girl in register of 100 tabs | | | | and make up in one | | | Copy. | | | | | | | └ -------------------------------------- ------------------------------------------------------ ------