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Law No. 78-XV on foodstuffs.

Type of law
Legislation
Date of original text
Source


Abstract
The present Law establishes the legal framework of the process of foodstuff manufacturing, processing and distribution, regulates the basic conditions concerning the circulation of these products, inclusively provides the safety of this process, in order to protect population’s health, consumers’ interests on foodstuffs, and to promote an equitable practice in the foodstuff trade. The present Law applies to all the foodstuffs, inclusively to the fortified ones, foods for particular nutritional uses, food supplements and other types of foodstuffs intended to be placed on the market. Article 5. Circulation of foodstuffs and materials in contact with food. Only safe foodstuffs and materials in contact with food that comply to the requirements provided by the regulations applicable to foodstuffs, approved in the established way, may be placed on the market (art. 5). Economic agents from food area will ensure the process of traceability of foodstuffs and materials in contact with food at all stages of their circulation (art. 8). Foodstuffs shall be packed and packaged in a way that will provide maintenance of their quantity, quality, and safety while storing, transporting and distributing. The label shall obligatory contain information provided by the regulations applicable to foodstuffs, inclusively: a) name under which the foodstuff is commercialized; b) list of ingredients; c) net quantity, volume; d) date of manufacture and minimum term of durability; e) conditions of storage; f) instructions on usage; g) name and address of the manufacturer and/or importer, and distributor; h) data regarding batch identification; i) name of the country of origin; j) other specific information (art. 14). Fortified foodstuffs Fortified foodstuffs shall contain nutritive substances, added in the limit established by the Ministry of Health and shall be safe for human consumption (art. 18). Foods for particular nutritional uses must fulfil the special nutritional requirements of persons whose digestive processes or metabolism are disturbed, or persons who are in special physiological conditions and will benefit from controlled consumption of certain substances from foodstuffs, as well as the requirements for infants or young children. Foods for particular nutritional uses shall be safe for the health of persons to whom they were intended (art. 19). The concept of foodstuffs does not include the following: (a) animal feed; (b) live animals, except for those that prepared for placement on the market for human consumption; (c) plants before harvesting; (d) narcotic and psychotropic substances; (e) substances used only as medicines; (f) cosmetic products; and (g) tobacco and tobacco products. Foodstuffs not recommended for preschoolers and students - a food product with an elevated level of nutritional substances that enhance nutritional value (fats, salt, sugar, sweeteners, food additives). State control and supervision in the field of ensuring safety and quality of foodstuffs and materials contacting with foodstuffs, protection of public health and consumers shall be performed by the authorized state body, National Food Safety Agency, state institution for consumer protection and other supervisory authority in accordance with powers established by acting legislation. Safe raw materials should be used for food production, meeting the requirements of the applicable regulations in the food industry. To obtain alimentary raw materials shall be authorized the use of feed additives, animal growth stimulants (including hormonal drugs), veterinary drugs, pesticides, fertilizers or other products intended for plant and soil tillage which have been reviewed by expert bodies with responsibility for food chain control, evaluated as safe for humans under certain conditions of use and approved in accordance with the procedure established by the current legislation. Import of foodstuffs with the validity period up to 90 days, if there are still less than one third of the shelf life established by the manufacturer, and in respect of other foodstuffs, import of foodstuffs if there are less than 60 days left until their expiry date, shall be prohibited.
Date of consolidation/reprint
Entry into force notes
The present law comes into force at the expiring of 12 months from the date of issuing, with the exception of art.6 point c), which deals with the system of risk analysis and circulation of foodstuffs in the critical checkpoints, and art.21, that will come into force on January 1, 2007.
Notes
Last amendment by MO369-378 / 28.10.16 art.755
Repealed
No
Source language

English

Legislation status
in force
Legislation Amendment
No
Original title
LEGE Nr. 78 din 18.03.2004 privind produsele alimentare