Law No. 179 Of 18 October 2012 Amending And Supplementing Law No. 339/2005 Regarding The Legal Regime Of Plants, Substances And Preparations With Narcotic And Psychotropic

Original Language Title:  LEGE nr. 179 din 18 octombrie 2012 pentru modificarea şi completarea Legii nr. 339/2005 privind regimul juridic al plantelor, substanţelor şi preparatelor stupefiante şi psihotrope

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LAW no.
179 of October 18, 2012 amending and supplementing Law no. 339/2005 regarding the legal regime of plants, substances and preparations with narcotic and psychotropic
Issued



PARLIAMENT Published


Official Gazette no. 713 of October 19, 2012

Romanian Parliament adopts this law.

Article I


Law. 339/2005 regarding the legal regime of plants, substances and preparations with narcotic and psychotropic substances, published in the Official Gazette of Romania, Part I, no. 1095 5 December 2005, as amended and supplemented, amended and supplemented as follows:
1. In Article 2, points i), k) and m) shall be amended as follows:
"i) preparation - a solution or mixture, whatever his physical condition, containing one or more drugs or psychotropic designates, also one or more psychotropic drugs or divided into units of administration or used in laboratory analysis;


.. k) manufacture - all operations other than production that allow obtaining narcotic or psychotropic substances, including the purification and transformation of narcotic drugs or psychotropic substances narcotic drugs or psychotropic this term also includes the manufacture of preparations other than those made on prescription in a pharmacy ;




.. m) producer - natural or legal person that performs production operations; ".


2. In Article 2, after point m) introduces a new letter, m ^ 1) as follows:
"m ^ 1) manufacturer - natural or legal person manufacturing operations performed;".
March. In Article 2 point r) is amended to read as follows:
"r) poppy straw or stem - all the aerial parts of the plant, including capsule, except opium poppy seeds after harvesting".
4. Article 7 (1) is amended to read as follows:
"Art. 7 - (1) Any natural or legal person who carries out an operation with plants, substances and preparations listed in Schedules I, II and Annex III is under the control and supervision of the Ministry of Health and the units under its subordination or coordination, as determined by the implementing rules of this law. "
May. In Article 7, after paragraph (1) introduces three new paragraphs (1 1) (1 ^ 2) and (1 ^ 3), as follows:
"(1 1) Control Inspections and monitoring can be performed both by the specialists of the Ministry of Health and representatives of establishments in coordination or the Ministry of Health, under the rules for the application of this law.
(1 ^ 2) Notwithstanding the provisions of para. (1) and (1 1), cultivation of plants containing narcotic or psychotropic substances under the control and supervision of the Ministry of agriculture and Rural Development, agriculture Directorates county and Bucharest.
(1 ^ 3) Notwithstanding the provisions of para. (1) and (1 1), plants, narcotics and psychotropic substances and preparations used in veterinary medicine is under the control and supervision of the National Sanitary veterinary and Food Safety Authority. "
June. Article 10 (2) is amended to read as follows:
"(2) The list of preparations containing narcotic drugs and psychotropic substances is approved by the Minister of Health, the proposal of the National Medicines and Medical Devices and other competent institutions and published in the Official Gazette of Romania, Part I, under the rules for the application of this law. "
July. Article 12 (2) is amended to read as follows:
"(2) cultivation for industrial and / or food or seed production of plants containing substances under national control is authorized by the Ministry agriculture and Rural Development, agriculture Directorates county and Bucharest. "
August. Article 15 (1) and (3) is amended to read as follows:
"Art. 15. - (1) Carrying out activities of production, manufacture, storage, trade, brokering, possession and distribution plant substances and narcotic and psychotropic preparations is prohibited without the authorization issued by the Ministry of Health, under the rules for the application of this law.
.


(3) Permits for operations provided in par. (1) shall be issued if use of plants, substances and preparations listed in Schedules II and III of the Annex is limited for use in industry and seed production and for medical, scientific or technical. Models authorizations are set out in the application methodology of this law. "


9. Article 16 is amended to read as follows:
" Art. 16. - (1) The Ministry of Health approves each year the estimated quantities of different substances and preparations that every grower, producer, manufacturer, distributor, importer or exporter is entitled authorized to cultivate, to produce, to manufacture, to import or export. These limits can be modified, if necessary, during the year.

(2) Any producer, manufacturer or authorized importer has the right to produce, manufacture or import only the necessary quantities of substances and preparations approved operation. "


10. Article 17 is amended reads as follows:
"Art. 17. - For the approval referred to in art. 16 producers, manufacturers and importers submit annually to the Ministry of Health estimates the quantities of different substances and preparations that they produce, manufacture or import. "
11. Article 20 is amended to read as follows:
" Art. 20. - export or import operations with plants, substances and preparations listed in Schedules I, II and III of the Annex is carried out under an authorization for export or import issued for each operation by the Ministry of Health through specialized department under model in the application methodology of this law. "
12. Article 34 is amended to read as follows:
" Art. 34. - (1) pharmacies pharmacies open circuit and closed circuit operates with plants, narcotics and psychotropic substances and preparations, based authorization, as required by law.

(2) health care facilities and treatment centers for drug addicts operates with plants, narcotics and psychotropic substances and preparations, as determined by the implementing rules of this law. "


13 . Article 42 (1), letter f) is amended to read as follows:
'f) a quarterly statement from the producers, manufacturers and distributors, to specific movements quantities of plants, substances and preparations containing narcotic and psychotropic nationally conducted in this period. "




Article II within 3 months from the date of entry into force of this law, institutions involved in the implementation of Law no. 339/2005 on the legal regime of plants, substances and preparations with narcotic and psychotropic substances, as amended and supplemented, will draft the amendment and completion of the methodological Norms of Law no. 339/2005 regarding the legal regime of plants, substances and preparations with narcotic and psychotropic substances, approved by Government Decision no. 1.915 / 2006, as amended.
This law was adopted by the Parliament of Romania, in compliance with art. 75 and Art. 76 para. (2) of the Romanian Constitution.
Chamber of Deputies Valeriu Zgonea


SENATE PRESIDENT GEORGE-CRIN LAURENŢIU ANTONESCU
Bucharest October 18, 2012.
No. 179. -----

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