In the Official Gazette (Part I) no.321 of 18 April 2023 was published Law no.105/2023, a normative act that establishes the way of reporting stocks of agricultural and food products by agricultural producers, warehouses, national processors and traders.
The recently approved document sets out how agricultural producers, warehousemen, national processors and traders, hereinafter referred to as economic operators in the agri-food sector, should report stocks of agricultural and food products.
In the explanatory memorandum accompanying the law in its draft form, it was mentioned that the provisions of this law are intended to counteract possible disturbances on the agri-food market caused by a possible new conflict, crisis or emergency situation.
The agricultural and food products for which economic operators in the agri-food sector are obliged to provide statistical stock records are the following:
a) Vegetables and fruit;
b) cereals and cereal products;
c) oilseeds and oilseed products;
d) fodder legumes;
e) certified seeds: cereals, rice, oilseeds and protein crops;
f) meat and meat products, canned meat and mixed;
g) milk and milk products;
h) milling and bakery products;
i) processed, processed and preserved fruit and vegetable products;
j) fats and oils;
k) water, including natural mineral water, spring water and all other bottled or packaged
waters;
l) rice;
m) herbs, salt and spices;
n) teas;
o) sugar;
p) honey;
q) yeast.
The regulatory measures established by Law 105/2023 concern the areas of agricultural production, storage, processing and marketing of agricultural and food products and are mandatory for all economic operators in the agri-food sector.
By exception, the provisions of Law no.105/2023 are not applicable to traders owning sales structures with a sales area of up to and including 400 sq.m, without the premises intended for the storage, keeping and production of goods, offices and annexes, itinerant traders, traders carrying out public food service activities, as well as traders carrying out trading activities in public areas.
The Ministry of Agriculture and Rural Development is responsible for implementing measures to centralise stocks of agricultural products and foodstuffs, while respecting the confidentiality of data concerning these products. The institution is developing a computer system for collecting statistical data reported by economic operators in the agri-food sector.
In order to ensure the traceability of agricultural and food products on the market, economic operators in the agri-food sector are obliged to provide the Ministry of Agriculture and Rural Development with statistical data on stocks of agricultural and food products once a month, by the 15th of the month for the previous month.
Stock control and verification shall be carried out in accordance with the rules laid down by joint order of the Minister of Agriculture and Rural Development and the Minister of Finance in accordance with their legal powers.
Failure to comply with the obligation to provide statistical data constitutes an offence and is punishable by a fine of 5,000 lei to 20,000 lei.
The finding of the infringement and the application of the sanction provided above shall be made by persons empowered for this purpose by the Ministry of Agriculture and Rural Development and the Ministry of Finance.
It is useful to point out that on the basis of the statistical data on the centralised stocks of agricultural and food products, public policies for subsidising the agri-food sector will be established.
Legal basis:
-https://www.madr.ro/
-Law 105/2023 regulating the method of reporting stocks of agricultural and food products