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Law No. 21 Of 17 December 1971 On Vine And Wine

Original Language Title:  LEGE nr. 21 din 17 decembrie 1971 viei şi vinului

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LEGE no. 21 21 of 17 December 1971 Wine and wine
ISSUER GREAT NATIONAL ASSEMBLY
Published in OFFICIAL MONITOR no. 156 156 of 17 December 1971



+ Chapter 1 Wine production + Article 1 In the Socialist Republic Romania viticulture develops according to the objectives established by the state plan. This development is done under the conditions of ensuring high quality production, especially in the food area, as well as the most efficient use of improper land for other crops. + Article 2 The Ministry of Agriculture, Food Industry, Forestry and Water, in consultation with the interested central bodies and executive committees of the county folk councils, organizes the territorial delimitation of the vine culture and the areas of production of the main wine categories, on vineyards and wine centres, with the specification of the directions for the development of the production, varieties and assortments of varieties, as well as the culture systems for each vineyard and centre wine, according to the tradition and results of specialized research. Subject to the territorial delimitation provided for in this Article: a) land occupied with plantations of fruitful living and vine nurseries; b) the land in the vineyards, resulting from the deforestation of the vineyards, during the preparation period for new plantings, those that make common body, complete or unite the existing vine massifs. They can also be intended for the establishment of new plantations in the slope, the sandy ones, as well as other land that, as a result of natural conditions, can only be properly capitalized by the culture of the vine. + Article 3 Plantations of vineyards located outside the delimited perimeter of vineyards and wine centers are considered "living scrapers". + Article 4 The Ministry of Agriculture, Food Industry, Forestry and Water, with consultation of central bodies and executive committees of interested county folk councils, establishes vineyards and wine centres, where they are produced. wines with designations of origin, releasing certified producers of attestation of this right. + Article 5 The results of the works on the territorial delimitation of the vine culture and the award of the designation of origin are brought to the attention of those interested, as the case may be, by communication written to the socialist units or by displaying at the council Communal, city or municipal folk, other owners of vineyards. Within 30 days of communication or display, those interested may make intimation to the executive committee of the county folk council on delimitation and assignment of the designation of origin. The meeting will be solved by the specialized bodies from the county folk council, within 30 days of submission. Those dissatisfied can address, within 15 days of communication, the Ministry of Agriculture, Food Industry, Forestry and Water, which, through its specialized bodies, will resolve the complaint within no more than 60 days of the day. Deposit. The territorial delimitation and award of the designation of origin shall become mandatory if the occurrence has not been introduced within the period or if it has not been resolved in favour of the applicant. + Article 6 The definitive work on the territorial delimitation of vineyards and wine centres, as well as those on the attestation of the right to the designation of origin, is distinctly highlighted in the financial cadastre + Article 7 For the application of measures regarding the rational use of the wine land fund, the Ministry of Agriculture, Food Industry, Forestry and Water organizes the introduction of the wine register, mandatory for all living holders, in which areas cultivated by categories of vineyards, assortments and varieties will be passed. + Article 8 The Academy of Agricultural and Forestry Sciences, through the Research Institute for viticulture and winemaking and experimental resorts, as well as the specialized departments in agricultural higher education are responsible for the creation of new varieties and clonal selections valuable grape for table and wine, more productive and with higher quality and technological attributes. + Article 9 It shall be considered propagating material for the purposes of this Law: -noble beef chords intended for grafting or rooting; -the portaltoi beef cuttings intended for grafting and rooting; -grafted cattle; -noble cattle on their own roots; --the entrenched portaltoi cuttings. + Article 10 The production of the vine planting material is carried out on the basis of the plan established by the Ministry of Agriculture, Food Industry, Forestry and Water, only in the nurseries of socialist agricultural units, authorized for this purpose. The Academy of Agricultural and Forestry Sciences, through the Institute of Research for Viticulture and Winemaking and the experimental resorts, will produce grafted cattle from the elite category for the establishment of mother plantations, as well as propagating material selected for the production plantations. It will also develop improved technologies for the production of portaltoi cuttings, grafted cattle and on its own roots and ensure the technical guidance of nursery units. The state agricultural units will produce propagating material selected and authentic, both for their own needs and for cooperative and export units. The agricultural production cooperatives will produce authentic and selected grafted cattle and authentic altotes, in the structure of varieties provided for and in the quantities requested by the beneficiaries. + Article 11 The authorization for the establishment and operation of the nursery shall be issued by the Ministry of Agriculture, Food Industry, Forestry and Water only to those units that meet the conditions laid down in the technical norms, elaborated by it. The manufacturing units guarantee and respond to the category and biological purity of the varieties, the quality and health of the propagating material produced. If it is found that some units of production of the vine propagating material do not realize the qualitative and structure tasks of the varieties provided by the plan, the Ministry of Agriculture, Food Industry, Forestry and Water will apply sanctions to the guilty and will withdraw their operating authorization. + Article 12 The control of the biological category and purity is carried out and certified annually by the specialized bodies of the Ministry of Agriculture, Food Industry, Forestry and Water. The vine propagating material that does not meet the health conditions laid down in the state standards or internal norms, is destroyed by the manufacturing units, in the presence of the control bodies of the Ministry of Agriculture, Industry Food, Forestry and Water. + Article 13 The marketing of the vine propagating material is carried out through the specialized units of the Ministry of Agriculture, Food Industry, Forestry and Water, based on the plan established by it. The delivery and transport of vine propagating material shall be made on the basis of the certificate of guarantee of the category and biological purity, as well as of the phytosanitary free movement bulletin, issued by the specialized bodies. + Article 14 The import and export of grafted cattle, horns and rootstock cuttings will be made only by foreign trade enterprises under the Ministry of Agriculture, Food Industry, Forestry and Water. + Article 15 In order to satisfy the demand for consumption of the population and the external market with grapes and wine, the varieties used to set up the plantations will have to meet the following conditions: a) for table grapes: -to make up an assortment rich with staggered baking in time; -be of high quality, with special taste characteristics, uniform grains in size, in a wide range of colors and shapes and, as far as possible, without seeds; -to ensure a high percentage of grapes-goods and to be resistant to transport and long storage in warehouses. b) for wine grapes: -correspond to the production directions established for each vineyard and wine centre; -contribute to increasing the share of the assortment for light, current consumption wines; -to foster the expansion of the assortment for high-quality wines, white, red and aromatic; -to ensure the assortments necessary for the production of sparkling wines, aromatised and distilled wines. + Article 16 Vineyards and portaltoi plantations will only be able to be established on the basis of the planting permit, issued by the county general direction for agriculture, food industry, forestry and water. The establishment is based on the project in compliance with the works of preventing and combating soil erosion, technical planting norms and ensuring the conditions of mechanization, varieties and assortments established by the development program. of viticulture. + Article 17 The establishment of plantations of hybrids directly producers, as well as the use of propagating material from cattle of hybrids directly producers to complete the gaps in the plantations of grafted and indigenous vineyards, are prohibited. + Article 18 The deforestation of any surfaces of fruitful living or portaltoi can only be done on the basis of authorization issued by the county general direction for agriculture, food industry, forestry and waters, according to the plan and technical norms established by the Ministry of Agriculture, Food Industry, Forestry and Water. + Article 19 The Ministry of Agriculture, Food Industry, Forestry and Water and the Academy of Agricultural and Forestry Sciences, through the Institute of Research for Viticulture and Winemaking and the experimental resorts, as well as the specialized departments of agricultural higher education, based on the results obtained in research and production, will develop differentiated culture technologies for table grapes and wine, depending on the production directions, the potential of plantations, the biological peculiarities of the varieties and the natural conditions of each vineyard. Also, for the practical application of the scientific results obtained, they will provide technical assistance to all producer units, within their range of activity. + Article 20 Socialist units holding vineyards, portaltoi plantations or beef schools and people who possess fruitful living are obliged to execute maintenance work to ensure the normal growth of the vine and the production of production. corresponding to the quantitative and qualitative potential of varieties and vineyards, in compliance with culture technologies. Special care will be taken to ensure the density of plantations, by filling in the gaps in the young vineyards as well as from those in production. + Chapter 2 Wine production + Article 21 The wines, depending on their quality and technological attributes, can be: current consumption, high quality and special. a) Current consumption wines are those that are obtained from varieties or assortments of high production varieties, in vineyards or wine centers specialized in this production direction. This category includes the wines that are obtained from the vineyards scrapers. The minimum alcoholic strength of the current consumption wines is 8% in volumes. b) Top quality wines are those that are obtained from varieties or assortments of varieties with special technological attributes, in vineyards or wine centers specialized in this production direction and according to a specific technology established. The alcoholic strength of these wines shall be at least 10,5% by volume. Some of these wines, which are distinguished by the originality of the attributes and characteristics, printed by the place of production delimited, by the variety or assortment of varieties, by the way of culture, by the level of production and by the established technology, will be It is called high-quality wines with designations of origin. The consumption of higher quality wines is made with the indication of the vineyard or the wine center, of the variety or assortment of varieties, and in the wines of higher quality with the designation of origin will be indicated the place of production delimited for this purpose, as well as the harvest year. Wines produced in vineyards and wine centres, but which do not meet the conditions for higher quality wines, will be listed in the category of current consumption wines and capitalized as such. c) Special wines are those obtained from musts or wines subject to authorized treatments, in the course of processing or after that and whose characteristics are determined by the technological attributes of the raw material and the technology applied to processing. Of the category of special wines are: sparkling wines, sparkling wines, aromatised wines, wines with added sugar, concentrated must, mistel or food alcohol, with the technological characteristics laid down in the technical rules of quality. + Article 22 The hybrid wine is obtained from the grapes of hybrids directly producers and is mainly intended for the production of wine and vinegar. Hybrid wine may be put into consumption as such, provided that it is valued as 'hybrids'. The mixture of grapes or wine from grafted and indigenous cattle, with hybrids directly to producers, for the purposes of recovery shall be prohibited. Where such a mixture is produced, the resulting wine shall be considered as 'hybrids' and shall be harnessed under the conditions laid down in the preceding paragraph. + Article 23 The wines own consumption are those that have been carried out through authorized practices and treatments and fall under the report of organoleptic attributes and chemical composition within the limits established by the technical norms. + Article 24 Wines that do not meet the conditions provided in art. 23 are unfit for consumption. They are intended for industrialization for the manufacture of alcohol from wine or vinegar, either directly or after an appropriate processing. + Article 25 The Ministry of Agriculture, Food Industry, Forestry and Water, with consultation of central bodies and executive committees of interested county councils, sets for each vineyard and wine centre the types of wine and wine. products based on must or wine, as well as the technology of their production. + Article 26 Top quality wines with designation of origin, depending on the harvest period of the grapes, will be able to fit into the following quality steps: picking at full maturity, at the supramaturation and in the raisins. The designation of origin can also be carried by some special wines, products obtained from aged wine distillates, as well as other wine products that will meet the conditions laid down in art. 21 lit. b para. 3. + Article 27 The production, maturation, conditioning and bottling of high-quality wines, special wines, aged wine distillates, as well as other wine products, bearing the designation of origin, will be carried out in the production area. delimited and under the conditions established by the technical rules. The Ministry of Agriculture, Food Industry, Forestry and Water will authorize, in cases entirely exceptional and under special control, that the maturation, conditioning and bottling of wines and wine-based products bearing the name of origin, to be carried out in specialised undertakings outside the area of origin. In this case, the name of the undertaking which carries out the bottling will necessarily appear on the label. + Article 28 To meet the requirements and demands of consumers, the Ministry of Agriculture, Food Industry, Forestry and Water and the Academy of Agricultural and Forestry Sciences, through the Research Institute for Viticulture and Winemaking and Resorts experimental, as well as the specialized departments of agricultural higher education will establish technical and organizational measures aimed at ensuring the improvement of the technologies for obtaining wines and diversifying the range of products based on must and wine, according to the natural potential of vineyards in our country. + Article 29 The production of the wines is made inside the vineyard or the wine center, by the socialist enterprises and organizations that have plan tasks, and the other growers only for the grapes from their own production. + Article 30 The production of special wines, such as sparkling, sparkling, flavoured or alcoholised, wine distillates and other grape-based drinks, of must or wine, shall be made only in undertakings or establishments authorised by the Ministry. Agriculture, Food Industry, Forestry and Water. + Article 31 The treatments applied to grapes for processing, must and products based on must and wine, allowed in the practice of vinification and conservation, are those established by the technical norms, issued by the Ministry of Agriculture, Food Industry, Forestry and Water, with the opinion of the Ministry of Health. + Article 32 The following practices are prohibited in the production of wines: a) the addition to must or wine of alcohol, alcoholic distillates of any kind, concentrated must, sugar and flavouring products or food colouring; b) the addition to must or wine of water, sweetening substances and other products that modify the composition and organoleptic attributes; c) the cupping of wines from different vineyards and different categories, other than those admitted under the technical rules; d) mixing healthy wines with those unfit for consumption; e) the treatment of the must and wine with unauthorized products and materials; f) other practices, other than those established by the technical rules. They are exempted from the provisions of this article lit. of the special wines of art. 21 21 para. 1 lit. c. In the years with adverse conditions for the accumulation of sugar in grapes, exceptionally, the Ministry of Agriculture, Food Industry, Forestry and Water, on the proposal of the specialized bodies, will be able to authorize, as the case may be, the addition of the much 30g sugar per litre of must, provided that the wine obtained does not contain unfermented sugar. These wines will not be able to bear designation of origin. + Article 33 Obtaining fermented beverages from raisins or other raw materials than grapes such as: apples, currants, gooseberries or other fruits, for the purpose of marketing, is permitted only with the approval of the Ministry of Agriculture, Food Industry, Forestry and Waters. These drinks cannot be called wines. + Article 34 The units producing current and high-quality consumer wine, as well as those that store, condition or bottle these wines, do not have the right to keep in the same local concentrated musts, mistels, distillates and alcohol of any kind, sugar and sugary solutions, drinks and juices that do not come from grapes or their derivatives, colouring and flavouring substances. + Article 35 The marketing of wines and other wine products constitutes a state monopoly and is carried out through specialized economic organizations. The export of wine and products based on must and wine will be made through the specialized units of the Ministry of Agriculture, Food Industry, Forestry and Water. Agricultural production cooperatives can capitalize, under the law, the remaining quantities available after the payment of obligations to the state. Cooperative members and individual producers can capitalize on quantities intended for their own consumption if they pay legal fees and sell them directly from the household to consumers. + Article 36 The transport of wines and other drinks obtained on the basis of grapes and wine, from the units in which they occurred to the storage, maturation, conditioning, bottling or marketing units, as well as to the industrialization units, will be accompanied by the analysis bulletin and the certificate of origin of the designation of origin for the products entitled to bear the name. + Article 37 Wines and other wine-based drinks, with a designation of origin, intended for domestic consumption, will be marketed, compulsorily, only bottled. + Article 38 The quality of wines and other drinks originating from must and wine, imported, must be proven by certificates issued by laboratories recognised in the country of origin. The certificate will contain, in so far as the convention between states does not provide otherwise, indications on provenance, chemical composition and confirmation that they correspond to the provisions of the law of the country of origin. + Article 39 Wines and other beverages from must and wine, imported without being bottled, will be marketed under the name with which they were imported; those that are bottled in the country will bear on the label the mention "bottled in Romania". + Chapter 3 Guidance and control bodies + Article 40 Within the Ministry of Agriculture, Food Industry, Forestry and Water will operate the National Office of Vine and Wine, having the following duties: -takes part in the main actions regarding the development of viticulture and the application of the provisions of this Law -endorses the proposals for the delimitation of the wine plantations in which wines and products on the basis of wine are produced with the right to bear the designation of origin; -proposes the organization of national and international manifestations of wine and wine. The composition of the National Office of Vine and Wine is established by order of the Minister of Agriculture, Food Industry, Forestry and Water. + Article 41 For the exercise of control on the fulfilment of the provisions of the law of the vineyard and wine, within the Ministry of Agriculture, Food Industry, Forestry and Water, will operate the wine-wine state inspection, which will follow: -compliance with the legislation on the establishment of vineyards, portaltoi and vine nurseries; -the application of agro-technical measures, differentiated by vineyards, wine centres and production directions, as well as technological schemes for each type of wine and must-and wine-based products; -keeping, transport, circulation and disposal of wine and wine products according to the rules in force. + Chapter 4 Final provisions + Article 42 The definitions regarding the biological categories of propagating material, grapes, products obtained from grapes and wine, as well as domestic alcoholic beverages are those specified in the annex, which is an integral part of this law. + Article 43 The conditions for territorial delimitation of the vine culture; the way and conditions for issuing the authorization for the establishment of live plantations and nurseries, their location and operation; the conditions they must meet the conditions for the award of the designation of origin and the conditions for the production, maturation, conditioning of these wines; the treatments applicable to the wine and wine; the classification of wines; the procedures for the exercise of the control and finding of deviations, as well as other measures for the application of this law, establish by technical rules issued by the Ministry of Agriculture, Food Industry, Forestry and Water. + Article 44 Violation of the provisions of this law attracts, as the case may be, disciplinary, contravention, material, civil or criminal liability. Non-compliance with art 13 13 para. 1 1 and art. 35 35 para. 1 is punishable according to art. 295 lit. a of the Criminal Code; non-compliance with science or negligence of the provisions of art 22 22 para. 2 and 3, as well as the consumption of improper wines shall be punished, as the case may be, according to art. 248 and 249 of the Criminal Code; non-compliance with the provisions of art. 32 32 para. 1 is punishable according to art. 297 of the Criminal Code. Violation of art. 7, 10 para. 1 1, art. 11, 13 para. 2 2, art. 14, 16, 17, 18, 20, 21 lit. a and b, art. 27, 29, 30, 33, 34, 36, 37, 38 and 39 of this law, as well as the enjoyment of other acts that will be established and sanctioned by the decision of the Council of Ministers, constitute contravention. Provisions of Law no. 2/1970 on the insurance and quality control of the products are applicable in the wine and wine-growing activity, in so far as this law does not provide otherwise. The finding of crimes committed to this law is made by the prosecution bodies and specialists who are empowered by the Ministry of Agriculture, Food Industry, Forestry and Water. + Article 45 With a view to the future orientation of the country's viticulture and the establishment of sar-tasks of perspective plan, the Ministry of Agriculture, Food Industry-re, Forestry and Water will periodically organize the census of wine heritage. + Article 46 This law shall enter into force 3 months after the date of its publication. + Annex 1 Encompassing definitions of biological categories of vine propagating material, grapes, production obtained from grapes, must and wine, as well as domestic alcoholic beverages 1. The elite propagating material is the one resulting from the plantations of new varieties and approved clones, obtained after a process of improvement. 2. Selected propagating material is the one obtained from the plantations-mother of horns and portaltoi cuttings established with elite material, as well as the one resulting from the application of mass selection for a minimum of 3 years in the supplying plantations of Horns of altoi and portaltoi cuttings. 3. The authentic propagating material is the one that fully meets the morphological and biological characteristics and attributes of the respective variety. 4. Wine struges are those who due to their technological characteristics are used, mainly, to vinification with ordinary means and spontaneously generate an alcoholic fermentation. 5. The mass grapes are those who, due to their characteristics, are mainly intended for fresh consumption and are obtained from varieties of beef specialized in this production direction. 6. Staphids are grape grains-with or without seeds-obtained from varieties cultivated for this purpose, dehydrated and which cannot be crushed with the usual winemaking machinery and do not spontaneously ferment. 7. The grape mustuiala is the product resulting from the crushing of fresh grapes, with or without bunches. 8. The mustard is the liquid product resulting exclusively from the crushing of the grapes, the drain of the ravine, the pressing of the mustuielii or from the pressing of fresh grapes. The must be: fresh, cut and concentrated. 9. The must-cut must be stopped from alcoholic fermentation by one of the approved technological processes and the alcohol content of which does not exceed 1% by volume. 10. The concentrated must is the product obtained by removing a part of the water from the fresh or cut must and whose content in sugars is at least 650g/l. The concentration of the must can be done at normal pressure or under vacuum. 11. The grape juice is the product obtained directly from the fresh grape must, which has been applied stabilisation treatments admitted by the technical rules. The juice may also be obtained from juice or concentrated must with the addition of water to the concentration of normal sugar for grape juice. No more than 1% alcohol shall be allowed in volumes. 12. The mystery is the product obtained by alcoholization of the grape must or mustuielii, not entered in fermentation. The mystery is mainly intended as raw material for the preparation of special wines. 13. Tescovina is the product resulting from the leakage of the must or wine, by pressing the bostina or mustuielii. 14. Wine is the drink obtained exclusively by alcoholic fermentation, complete or partial, of fresh grapes crushed or subjected to authorized processing, or of fresh grape must. 15. It is the sparkling wine that has a carbon dioxide content of endogenous origin, obtained by natural fermentation in bottles or tanks and which at the temperature of 20 degrees C develops in the bottles in which a pressure of at least 3.5 is bottled. atmospheres. 16. It is the sparkling wine that has a carbon dioxide content of total or partially exogenous origin, developing at a temperature of 20 degrees C a pressure of at least 2.5 atmospheres. 17. The aromatised wine is the one that is obtained from wine, fresh or concentrated must, over which flavouring substances obtained from plants admitted by health legislation, wine distillate or other food alcohols have been added, as well as other special wines. The proportion of the must, of natural or special wine, used in the preparation of aromatised wine must be at least 70% of the finished product. 18. The alcoholic wine is the one obtained from the grape or must, partially fermented, or from the wine. Alcoholic wine has a concentration of 16-24% alcohol in volumes. The addition of wine distillate or other food alcohols is admitted to its preparation. 19. Wine distillate is the product obtained by distillation of wine with characteristics specific to this purpose and which has an alcoholic strength between 60-70% in volumes. 20. The weaving distillate and the wine yeast distillate are products from the distillation of the fermented fabric of the liquid resulting from the diffusion of the tescovines, the wine yeast and the liquid obtained from the pressing of the yeast. The consumption of the products obtained from these distillates is made with the mandatory showing of the raw material from which they resulted. [[CONTINUATION OF ANNEX 1 TO ANNEX 2] + Annex 2 [[CONTINUATION OF ANNEX 1] 21. Food vinegar is the product obtained by converting ethyl alcohol to acetic acid and can only be produced from wine, or from wine mixture with food ethyl alcohol. 22. Domestic alcoholic beverages are beverages obtained from by-products and residues from vinification or distillation, from fresh, dried or industrialized fruits, or from other such products, subject to fermentation with or without added water, sugar or other sweetening products. Domestic alcoholic beverages cannot be marketed in any form, and they are intended exclusively for their own consumption. --------