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Law No. 316 Of 28 June 2004 Amending And Supplementing Law No. 98/1994 Establishing And Sanctioning Infringements Of The Legal Hygiene And Public Health

Original Language Title:  LEGE nr. 316 din 28 iunie 2004 pentru modificarea şi completarea Legii nr. 98/1994 privind stabilirea şi sancţionarea contravenţiilor la normele legale de igienă şi sănătate publică

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LEGE no. 316 316 of 28 June 2004 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. 592 592 of 1 July 2004



The Romanian Parliament adopts this law + Article I Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal norms of hygiene and public health, published in the Official Gazette of Romania, Part I, no. 317 of 16 November 1994, as amended and supplemented, shall be amended and supplemented as follows: 1. The title of Chapter I shall read as follows: " General provisions ' 2. Article 1 shall read as follows: "" Art. 1. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 40,000,000 lei: a) absence of health opinion for projects and technical documentation on systematization of populated centers and territory, location of economic and social-cultural objectives, construction, transformation, extension, change of destination or the systematization of industrial objectives and any objectives with an impact on public health and which are subject to the health approval procedure according to the regulations in force; b) non-solicitation of the opinion, absence of notification and non-compliance with specific notification or endorsement provisions for products subject to this procedure. " 3. In Article 2, the introductory part and letters a), b) and d) shall read as follows: "" Art. 2. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 40,000,000 lei: a) non-compliance with general and specific product compliance requirements with a view to ensuring public health protection; b) the operation of the objectives, from the fields that require authorization, without the sanitary authorization of operation, as well as the operation after the issuance, under the law, of the decision to suspend the activity or, as the case may be, sanitary running; ...................................................................... d) lack of certificate of professional training on the appropriation of fundamental notions of hygiene, of the personnel working in the categories of units provided for in the regulations in force; " 4. in Article 2, after letter d) the letter e) is inserted with the following contents: " e) non-acceptance of hygienic-sanitary control or refusal of cooperation with the control bodies in its performance. 5. In Article 3, letter a) shall read as follows: " a) failure to apply appropriate measures to prevent the release of harmful substances to health, above the maximum permissible limits laid down by the rules in force, and the production of waste water or waste resulting from both activities with industrial, commercial, service provision or the activity of natural persons, in inhabited areas, and from the storage or processing of materials that produce such substances; " 6. in Article 3, points e) and h) shall be repealed. 7. In Article 5, the introductory part and letters c) and d) shall read as follows: "" Art. 5. -It constitutes a contravention and is sanctioned with a fine from 4,000,000 lei to 20,000,000 lei: ...................................................................... c) non-announcement of the territorial public health department about the production of damage at the level of plants or water production stations for human consumption, about interventions at the level of water distribution networks, stopping or intermittent network water distribution, as well as non-informing the population about the water supply program; d) non-compliance and non-compliance with 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. " 8. in Article 5, after letter d) the letters e)-h are inserted) with the following contents: " e) failure to ensure monitoring and audit monitoring of the quality of drinking water; f) failure to ensure compliance with drinking water quality parameters; g) non-compliance with the terms of the stages of the compliance plan, approved by the territorial public health authority; h) failure, by producers and distributors of water for human consumption in public system, of laboratory control of water quality, according to the legal regulations in force. " 9. In Article 6, the introductory part shall read as follows: "" Art. 6. -It constitutes a contravention and is sanctioned with a fine from 6,000,000 lei to 18,000,000 lei. " 10. In Article 7, the introductory part and letter a) shall read as follows: "" Art. 7. -Constitutes contravention and is sanctioned with a fine of 10,000,000 lei to 30,000,000 lei; a) failure to perform, by food, alcoholic and non-alcoholic beverages, food and ice products, laboratory control of water potability, according to the rules in force; " 11. in Article 7, points b) and g) shall be repealed. 12. In Article 7, letters h), j), m) and n) shall read as follows: " h) the use, by producers and/or distributors of water for human consumption, construction materials, reagent treatment technologies, products, pipes, pipes, accessories and devices, and measuring devices, without complying with the legal regulations in force; .................................................................... j) the use of construction materials, reagents and substances used in water production and bottling plants for human consumption, without complying with the regulations in force; ..................................................................... m) the use of returnable containers or non-approved materials, according to the regulations in force, for bottling water for human consumption; n) non-use, when transporting water for human consumption, of containers made of approved materials, according to the legal regulations in force. " 13. In Article 8, the introductory part shall read as follows: "" Art. 8. -It constitutes a contravention and is sanctioned with a fine of 8,000,000 lei to 40,000,000 lei: " 14. In Article 11, the introductory part and letter l) shall read as follows: "" Art. 11. -It constitutes a contravention and is sanctioned with a fine from 5,000,000 lei to 20,000,000 lei: ................................................................. l) lack of endowment with sanitary group of homes and units of any kind; " 15. In Article 12, letter d) shall read as follows: "d) the non-endowment, by the owner or administrator, of public health groups or public use establishments, with appropriate materials and means for the individual hygiene of users, as well as their non-maintenance." 16. In Article 13, the introductory part and letters a), c), i), k) and n) shall read as follows: "" Art. 13. -It constitutes a contravention and is sanctioned with a fine of 8,000,000 lei to 24,000,000 lei: a) non-insurance, in the supply units of personal hygiene services, of the cleaned linen, disinfected and ironed, changed after each person, as well as non-compliance with its circuit; ................................................................... c) non-insurance, in the sleeping rooms of temporary collectives, of the surface and air cubage for a bed, provided by the rules in force; ................................................................... i) non-performance of cleaning and disinfection, after each customer, of the instrumentation used in barbershop units, hairstyle, manicure, pedicure and cosmetics or reuse of disposable instrumentation; ................................................................... k) lack, from the endowment of barbershop units, hairstyle, manicure, pedicure and cosmetics, disinfectants for the instrumentation used; ................................................................... n) non-insurance, in any kind of units and in the related annexes, of permanent cleaning, of disinfection operations, as well as of the removal of solid residues, under the conditions established by the hygiene norms in force; " 17. in Article 13, after the letter p) the letters q)-t are inserted) with the following contents: " q) non-compliance with hygienic-sanitary conditions, provided in the hygiene rules in force, for the handling, transport, disposal and storage of cosmetic products, allowing to maintain the stability of qualitative parameters and sanitation r) exposure, for sale or use, of cosmetic products, without identification data or with expired shelf life; s) non-endowment of public use units with publicly accessible sanitary groups; t) non-provision of current hot water and in sufficient quantities, under the conditions established by the regulations in force. " 18. In Article 15, the introductory part shall read as follows: "" Art. 15. -It constitutes a contravention and is sanctioned with a fine from 6.000.000 lei to 18.000.000 lei: " 19. In Article 16, letter b) shall read as follows: "b) non-insurance, in health facilities of any type, of facilities with sanitary objects in number corresponding to the normative in force;" 20. in Article 16, after point c), the following point d is inserted: "d) failure to comply with the technical and functional conditions laid down in the laundry service rules for medical facilities." 21. In Article 17, letter f) shall read as follows: " f) the use of sterilization equipment, unauthorized by the Ministry of Health, as well as non-compliance with the provisions contained in the technical book of each 22. Article 20 (f) shall be repealed. 23. In Article 22, the introductory part and letter d) shall read as follows: "" Art. 22. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: .................................................................... d) storage, even provisionally, of the transport packaging of bakery and confectionery products, milk and milk products, meat and meat preparations, culinary semi-preparations and artificial ice, under conditions which may be used for the purposes of this Regulation. determine their contamination or impurification; ' 24. Article 22, point i) shall be repealed. 25. In Article 23, the introductory part and letters b), c) and e) shall read as follows: "" Art. 23. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: .................................................................. b) the transport, storage or display 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; c) non-compliance, by the head of the food establishment, of the obligation on daily verification of the state of individual hygiene and health of subordinate personnel, as well as the reception, in the establishment, of sick or convalescent employees communicable diseases; ................................................................. e) the use of natural ice to preserve food, except fish, in food establishments; " 26. Article 23 (m) shall be repealed. 27. In Article 23, letters n), p) and s) shall read as follows: " n) failure to ensure the operation, at all times, of refrigerated spaces in food establishments, failure to ensure the control and registration of temperature and non-maintenance of these spaces by periodically carrying out repairs and sanitization; .................................................................. p) storage of food and packaging in the premises for sale, production or preparation, in the traffic spaces, changing rooms or on the related sidewalks; .................................................................. s) non-labelling of food products, in accordance with the rules in force; " 28. In Article 24, the introductory part shall read as follows: "" Art. 24. -It constitutes a contravention and is sanctioned with a fine from 20,000,000 lei to 60,000,000 lei: " 29. Article 24, point i) shall be repealed. 30. In Article 24, letters m) and r) shall read as follows: " m) non-insurance, in food establishments, cleaning and disinfection operations, as well as non-provision of equipment and supply of food unit with machinery, utensils and specific materials for washing and disinfection; .................................................................. r) reuse and/or marketing of tableware, glasses and other disposable materials in food establishments; " 31. in Article 24, the letter s) shall be inserted after letter s) with the following contents: "s) the use by authorized natural and legal persons, in the preparation of foodstuffs, alcoholic and non-alcoholic beverages, culinary products, ice, water sources, without complying with the quality indicators of drinking water." 32. In Article 25, the introductory part shall read as follows: "" Art. 25. -It constitutes a contravention and is sanctioned with a fine from 20,000,000 lei to 100,000,000 lei: " 33. In Article 25, paragraph IX of the letter a) shall read as follows: " IX. content of mycotoxins, exceeding the permitted limits for cereals, dried legumes, oilseeds, peanuts, walnut kernels, hazelnuts, concentrates and protein isolates of vegetable and other food groups; ' 34. In Article 29, the introductory part shall read as follows: "" Art. 29. -It constitutes a contravention and is sanctioned with a fine from 2,000,000 lei to 6,000,000 lei: " 35. in Article 29, after letter c), the letters d) and e) shall be inserted as follows: " d) non-insurance, by employers, of the conditions necessary to perform the medical examination in employment, periodic medical examination and medical examination when resuming the activity; e) non-insurance, by employers, of the supervision of the state of health and occupational exposure through medical services of occupational medicine. " 36. in Article 32, after letter f), the letters g)-i) shall be inserted as follows: " g) non-insurance, by collective food establishments in the collectives of children and young people, of the daily requirement of calories and nutrients, corresponding to the age and state of health; h) non-performance of epidemiological triage and medical examinations of health status in the units for the protection, education of children and young people and non-reporting of it to the territorial public health directorates, according to the instructions Ministry of Health i) failure to carry out, periodically or after necessity, the works to sanitize and revise the facilities, as well as the works to refurbish the buildings of the educational units. " 37. Article 33 (j) shall be repealed. 38. In Article 34, the introductory part shall read as follows: "" Art. 34. -It constitutes a contravention and is sanctioned with a fine from 10,000,000 lei to 30,000,000 lei: " 39. In Article 35, the introductory part shall read as follows: "" Art. 35. -It constitutes a contravention and is sanctioned with a fine of 12,000,000 lei to 24,000,000 lei: " 40. In Article 36, letter b) shall read as follows: " b) staff assigned to positions assimilated to those referred to in lett. a) from the directions, services and medical facilities of ministries and other central organs with own medical network, provided for in Law no. 100/1998 on public health assistance, with subsequent additions, in the case of contraventions committed within the units subordinated to these ministries or central bodies; " 41. in Article 36, points c)-e) shall be repealed. 42. In Article 38, letters a) and b) shall read as follows: " a) the finding agent, for the contraventions found by the state health inspectors; b) persons referred to in art. 36 lit. b). " 43. Article 38, points c) and d) shall be repealed. 44. Article 40 shall read as follows: "" Art. 40. -(1) In the case of contraventions provided by this law, the complaint shall be settled by the court in whose territorial area the contravention was committed. (2) The complaint lodged with the body to which the ascertaining agent belongs, accompanied by the copy of the minutes of finding the contravention, together with the case file, shall be sent immediately to the court in law to settle it. " 45. Article 43 shall read as follows: "" Art. 43. -(1) If the operating conditions constitute an imminent risk to the health of the population or employees of the unit, the authorized state health inspectors shall apply measures to suspend the activity, until the deficiencies are remedied. (2) The non-acceptance of the hygienic-sanitary control or the refusal of collaboration with the control bodies in its performance imposes the decision ((3) Neremediation of deficiencies found and which may affect public health, functioning under conditions other than those existing at the date of authorization, failure to meet the conditions assumed by the affidavit, as well as the operation of the units of any kind with repeated violation of the legal hygiene norms attracts the cancellation of the sanitary authorization ((4) The placing on the market of the substance/substances or product/products approved or notified, not in accordance with the specifications of the technical file, leads to the withdrawal of the health opinion. " 46. Article 44 shall read as follows: "" Art. 44. -Failure to comply with the conformities established by the health opinion for projects on the location, construction, transformation or extension of economic and social-cultural objectives and any objectives with an impact on public health its cancellation. " 47. Article 45, provided for in paragraph 44 of Law no. 344/2002, will have the following contents: "" Art. 45. -(1) Food products that do not comply with the rules in force and which constitute a risk to the health of consumers will be stopped from human consumption. (2) Non-food products which do not comply with the rules in force will be prohibited to trade and use. " 48. Article 45 becomes Article 49 with the same contents. 49. Article 49 becomes Article 50 with the same contents. 50. Annex no. 1 1 will have the following contents: "" ANNEX No 1 HEALTH MINISTRY Institution .......... MINUTES finding the contravention No. .... Concluded today ................... at ................ ((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 trade register ..., tax code no. ...., ASF no. ..., CNP ........, owner/owner of the bulletin/identity card series ..... no. ... ..., issued/issued by ........ on ....., is guilty/guilty of The following/following facts: ........................................ ............................................................................ ........................................................................... ..........................................................................., committed/committed on ...., time ....., in the following circumstances: .......... .........., contravening by this provisions 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. ..., CNP ......, 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. ..., CNP ........, 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 ...... sus-numit/sus-called a fine of ..... lei, according to the present minutes of finding the 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, approved with amendments by Law no. 180/2002 , with subsequent amendments and completions, the offender may engage 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 fine provided by the act Normative 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, approved with amendments by Law no. 180/2002 , 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 was 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, ..................... ..................... " + Article II This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I, the date on which any contrary provision is repealed. + Article III Law no. 98/1994 on the establishment and sanctioning of contraventions to the legal norms of hygiene and public health, published in the Official Gazette of Romania, Part I, no. 317 of November 16, 1994, with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. 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 VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, June 28, 2004. No. 316. -------------