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Law No. 383 From 24 December 2013 Beekeeping

Original Language Title: LEGE nr. 383 din 24 decembrie 2013 a apiculturii

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LEGE no. 383 383 of 24 December 2013 (* updated *) of beekeeping ((updated on 1 January 2016 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The object of this law is the creation of the legal framework on the regulation of bee activity in order to protect bees and develop beekeeping. ---------- Alin. ((1) of art. 1 1 has been amended by section 1 1 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. (2) The growth of bees is a traditional occupation of the population and constitutes, through its economic, ecological and social role, a part of the national wealth. + Article 2 The activity in beekeeping can be practiced by any natural or legal person in compliance with the legislation in force. The Romanian state through the relevant ministries supports the activity of growing bees, the increase in the number and production of bee families, the superior valorization of honey resources, bee products and biodiversity conservation. ---------- Article 2 has been amended by section 2. 2 2 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. + Article 3 Beekeepers organized in associative forms can benefit from financial support for the establishment, development and modernization of apiaries by accessing the measures provided for in national or European programs for this sector. + Article 4 Beekeepers can participate in training programs organized by the National Agency for Improvement and Reproduction in Animal Husbandry "Prof. Dr. G. K. Constantinescu" or other authorized training providers, under the law. + Article 5 Within the meaning of the present law, the following terms and expressions have the following meanings: a) beekeeping-agricultural branch of the zootechnical sector comprising the activity of breeding, exploitation, propagation and breeding of honey bees; science dealing with the rational growth and care of bees, for the purpose of obtaining and using apiculture products and pollination of the entomophile flora; b) beekeeping products-the products obtained from the bee family as a result of its activity, under the name of honey, pollen, pasture, royal jelly, apilarnil, wax, propolis, bee venom; c) biological beekeeping material-any biological material from the bee family that may be used for breeding and selection, for beekeeping or for marketing; d) beekeeper-the person who owns, grows and/or exploits bee families; e) hive-beekeeping equipment, assembled, which houses the family of bees during the period of growth and exploitation and is used both in the stationary reeds and in the pastoral reed; f) bee family/bee colony-biological unit made up of working bees, matca, trantori, honeycombs for the development and storage of food, which is in a hive; g) artificially swarm on honeycombs-a biological unit consisting of honeycomb frames, generally 3-5, with brood in all stages of development and food supplies, the bee on the frames and a mating matte; h) roi to the package-biological unit generally made up of 1-1,5 kg young bee accompanied by a mating mating and which does not include honeycombs; i) matca/queen-the only female individual in the bee family with fully developed reproductive organs, able to mate and lay fertilized eggs; j) trantor-male male from bee family fit for mating mating; k) apiary/poultry holding-the totality of bee families owned by a person, which can be located on a single hearth or on several vetre, in variable number. A beehive/holding may include specific equipment, machinery and construction necessary to carry out the beekeeping activity; l) apiary hearth-the place/area of land for the location of a stupine, in stationary system, permanent or in pastoral or temporary system. The hearth can be permanent, if the hives are located in the same place throughout the year or at least during the wintering, or temporary, when the hives are transported and located for a limited period of time in order to capitalize a picking; m) stationary stuparit-system of maintenance and exploitation of bee families on the same hearth throughout the year; n) pastoral/transhumant stuparit-system of maintenance and exploitation of bee families that includes their movement, on temporary ages, for the valorization of some culls or for directed pollination; o) entomophile plants or entomophilic flora-plants that are pollinated with the help of insects, including bees; p) pollination of plants-a process by which pollen is transferred from the pollinical bags of the anterelles on the stigma of the pistil, a process ensuring the fertilization of the plants. Entomophilic pollination, directed, with bees, is carried out in order to increase the production of seeds, fruits and vegetables; q) melifera basis-the totality of plants in spontaneous and cultivated flora, which are researched by honey bees for pollen, nectar or hand; r) bee breed-population of bee families of common origin large enough for the growth "in itself", which has a common genofond and possesses certain phenotypic peculiarities, adapted to the paedoclimatic conditions and the honey flora in the area s) family of elite bees-family of pure-bred bees, with superior performance selected, as a result of the application of the national breeding program and who constantly transmit, through the lineage, the respective attributes; ---------- Lit. s) of art. 5 5 has been amended by section 4.2 3 3 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. s) elite apiary-apiary authorized by the competent authority in the field, namely the National Agency for Animal Husbandry " Prof. dr. G. K. Constantinescu " in the growth of elite bee families and the production of selected biological material, according to the national bee breeding program; ---------- Letter s) of art. 5 5 has been amended by section 4.2 3 3 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. t) multiplication apiary-apiary authorized by the competent authority in the field, namely the National Agency for Animal Husbandry " Prof. dr. G. K. Constantinescu ", for the multiplication of genetic material from bee families with superior performance, of pure breed, of elite apiary, according to the national breeding program; ---------- Lit. t) of art. 5 5 has been amended by section 4.2 3 3 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. t) hive card-document elaborated by associative form and approved by the National Veterinary Health and Food Safety Authority, which contains information on the movement of the flock, the health and maintenance of each bee families, treatments carried out, movements in pastoral, as well as other beekeeping operations; u) market value-the price that the beekeeper can obtain by selling the bee families and the production of honey obtained from the harvest. + Chapter II Breeding of bee breeds + Article 6 (1) The improvement of bees in Romania is carried out through the national breeding program prepared by the organizations and associations accredited by the National Agency for Animal Husbandry " Prof. dr. G. K. Constantinescu " for the establishment and maintenance of genealogical records, namely genealogical registers. (2) The national breeding programme shall be based on the improvement of the local breed A. M. Carpatica, in clean breed, drawn up in accordance with national legislation and the national bee breeding programme. (3) The production for the marketing of mats can be carried out only by multiplication and elite apiaries, authorized for this purpose, according to the provisions of the legislation in force. (4) In order to protect the native biological material, the introduction of biological material on the territory of Romania will be authorized by the National Agency for Animal Husbandry " Prof. dr. G. K. Constantinescu " and the National Veterinary Health and Food Safety Authority, with the advisory opinion of the Institute of Research and Development for Beekeeping-S.A. ---------- Article 6 has been amended by section 6. 4 4 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. + Article 7 The National Agency for Improvement and Reproduction in Animal Husbandry "Prof. Dr. G. K. Constantinescu" elaborates the methodology for the realization and approval of new biological creations-breeds, lines and hybrids, which are approved by order of the Minister agriculture and rural development. + Article 8 In order to improve honey resources, local public administration authorities will use the land they have under management when planting unsuitable land for agriculture, rapids, road edges, the local public administration. green spaces, with trees, shrubs and other ornamental plants that also show interest in beekeeping. + Article 9 Beekeepers who place apiaries in pastoral or wintering are obliged to communicate to the local public administration authorities in whose territorial area the place, period, number of bee families, as well as the address of the hive holder, are located, ensuring their record, but also the protection of bee families against phytosanitary treatments. + Article 10 (1) The directed pollination of agricultural crops entomophile with bees is carried out on the basis of contracts concluded between the owners of bee families and crop holders. (. The costs of the pollination benefit shall be determined by negotiation between the parties. + Article 11 (1) The authorities of the local public administration, as well as the administrators of agricultural or forestry land, are obliged to provide free of charge to the beekeepers of temporary or permanent apiary, on the basis of the pastoral reed authorization submitted by they at the local council. ---------- Alin. ((1) of art. 11 11 has been amended by section 5 5 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. (2) The apiary vetting may be assigned in the home county of the beekeeper or in other counties. (3) The land areas shall be awarded free of charge by the local public administration authorities, as well as by the administrators of agricultural or forestry land for the apiary hearth according to the size of the apiary, in places accessible to the means of transport, and will not be less than 5 sqm for each bee family and 50 sqm for pavilions. ---------- Alin. ((3) of art. 11 11 has been amended by section 5 5 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. ((4) Abrogat ---------- Alin. ((4) of art. 11 11 has been repealed by section 6.6. 6 6 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. + Article 12 Repealed ---------- Article 12 has been repealed by point (a) 7 7 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. + Article 13 ((1) The placement of bee families on land owned by beekeepers, with any title, shall be at a distance of at least 10 m from public roads or the boundaries of public domain properties located in the intravilan or in extravilan and at a distance of at least 5 m from the borders of private property located in the intravilan or in extravilan. ---------- Alin. ((1) of art. 13 13 has been amended by section 8 8 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. (2) If the distance from the objectives referred to in par. (1) is less than 5 m, bee families must be separated from them by a fence, wall, mesh or other obstacle by which the bees cannot penetrate the flight, with a minimum height of 2 m, measured from the ground level, and which can be removed. continue on the same line 2 m beyond the hives located at the extremities of the apiary. (3) The number of bee families placed on permanent hearth, for wintering, is not limited. ---------- Alin. ((3) of art. 13 13 has been amended by section 8 8 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. (4) Beekeepers are obliged to respect the distance between the hives of at least 100 m to the honey massifs in the forests, at least 300 m to the agricultural crops and not to place the apiary on the direction of flight of bees belonging to other hives or to place apiary between other hives and the source of picking. + Article 14 Beekeepers are obliged to comply with veterinary rules on the diagnosis and treatment of sick bee families. + Article 15 (1) For the prevention of bee poisoning, holders of agricultural and forestry surfaces who carry out chemical treatments on agricultural and forestry crops they own are required to notify, in writing, local councils at least 48 hours. prior to the treatment and the name of the product used. (2) Local councils, as well as the administrators of agricultural or forestry land, must notify, in writing or by telephone, beekeepers who have stationary/permanent or temporary/pastoral hives, at least 24 hours before the to the holders of agricultural or forestry land of chemical treatments, in order to prevent poisoning in bees. (3) If the beekeeper, by non-compliance by the holder of agricultural and forestry surfaces of the provisions of par. (1), records mortalities in bee families, local council and administrators of agricultural or forestry land, based on the veterinary document finding the causes of mortality, draw up a report of damage assessment and determine the amount of compensation that is granted to the beekeeper by holders of agricultural or forestry surfaces, at the market value of bee families and honey production that should have been obtained following the harvest. + Article 16 Repealed. ---------- Article 16 has been repealed by point (a) 2 2 of para. ((1) art. 502 of LAW no. 227 227 of 8 September 2015 , published in MONITORUL OFFICIAL no. 688 688 of 10 September 2015. + Article 17 Given the particular importance the national melifera base has for beekeeping and the productions made, the organization of pastoral stuparit activity is a priority for local councils as well as administrators. agricultural or forestry land. + Chapter III Final provisions + Article 18 (1) It constitutes the following facts, if not committed under such conditions that, according to the criminal law, to constitute crimes, and shall be sanctioned as follows: a) with warning or fine from 50 lei to 70 lei, in case of non-possession of the apiary card; ---------- Lit. a) a par. ((1) of art. 18 18 has been amended by section 4.2 9 9 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. b) with warning or fine from 25 lei to 50 lei, in case of non-folding of the apiary card; ---------- Lit. b) a par. ((1) of art. 18 18 has been amended by section 4.2 9 9 of art. I of LAW no. 280 280 of 18 November 2015 published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. c) with warning or fine from 50 lei to 100 lei, in case of non-identification of hives by the beekeeper to the associative forms of legal profile constituted, according to the legislation in the field; d) with warning or fine from 100 lei to 150 lei, in case of non-identification of hives by the associative forms of profile, legally constituted, according to the legislation in the field; e) with warning or fine from 50 lei to 100 lei, in case of lack of identification panel at the hives moved to pastoral; f) with a fine of 100 lei to 150 lei, in case of sale of the biological beekeeping material of elite and unauthorized multiplication; g) with a fine from 50 lei to 100 lei, in case of non-announcement by the beekeeper, within 24 hours from the installation of the apiary on the hearth, the local council and the administrators of the agricultural or forestry land within which they travel with the hives in pastoral; h) with a fine of 100 lei to 150 lei, in case of non-compliance by the beekeeper of the distances between the hives to the honey massifs in the forests; i) with a fine of 100 lei to 150 lei, in case of non-compliance by the beekeeper of the distances between the hives to agricultural crops; j) with a fine of 100 lei to 150 lei, in case of location by beekeeper of the apiary on the direction of flight of bees belonging to other hives or of the location of the apiary between other hives and the source of picking; k) with a fine from 500 lei to 1,000 lei, in case of non-compliance with art. 15 15 para. ((1) and (2), and the granting of compensation to the beekeeper for the damage created; l) with a fine of 100 lei to 150 lei, in case of non-compliance with art. 13 13 para. ((1) and (2). (2) The finding of contraventions and the application of sanctions shall be made by: a) persons empowered by the mayor or the general mayor of Bucharest, for the contraventions provided in par. ((1) lit. g) and i)-l); b) persons empowered from the National Veterinary Health and Food Safety Authority, for the contraventions provided in par. ((1) lit. a); c) persons empowered from the National Agency for Improvement and Reproduction in Animal Husbandry "Prof. Dr. G. K. Constantinescu", for the contraventions provided in par. ((1) lit. b)-f); d) territorial structures of forestry regime, for the contraventions provided in par. ((1) lit. g) and h). ((3) The offender may pay, within 48 hours from the date of conclusion or, as the case may be, from the date of communication of the minutes of finding the contravention, half of the minimum fine, the ascertaining agent making mention of this possibility in the minutes. + Article 19 The provisions of this Law on contraventions shall be supplemented by those 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. + Article 20 On the date of entry into force of this Law, Beekeeping Law no. 89/1998 , republished in the Official Gazette of Romania, Part I, no. 549 of 5 August 2010, shall be repealed. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished.
CHAMBER OF DEPUTIES PRESIDENT
VALERIU-STEFAN ZGONEA
SENATE PRESIDENT
GEORGE-CRIN LAURENȚIU ANTONESCU Bucharest, 24 December 2013. No. 383. -------