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Law No. 81 regarding unfair commercial practices between businesses in the agricultural and food supply chain.

Country
Type of law
Regulation
Source

Abstract
This Law regulates commercial relations between suppliers and buyers within the supply chain, regarding unfair commercial practices committed in connection with the sale of agricultural and/or food products, as follows: (a) sales when they are made on the territory of Romania, as well as those made outside the territory of the country, when they produce effects on the territory of Romania; and (b) the services provided by the buyer to the supplier, to the extent that they refer to the unfair commercial practices. It shall not be applicable to agreements between suppliers and consumers. The authority to implement this law is the Ministry of Agriculture and Rural Development, with powers in monitoring unfair commercial practices and their reporting to the European Commission. Unfair commercial practices shall be considered practices that go against good commercial conduct, good faith and fairness, which are unilaterally imposed by one commercial partner on another, even when they result from the agreement between the parties. To avoid the appearance of unfair commercial practices, regardless of the time of their intervention in the agricultural and food supply chain, except in the case of which, at the request of the supplier, they were previously agreed upon by clear and unambiguous clauses in the commercial contract or by an additional act concluded later, the buyer is forbidden: (a) to ask the supplier to pay for the advertising of agricultural and/or food products made by to the buyer; (b) request payment from the supplier for the marketing services provided by the buyer regarding agricultural and/or food products; (c) to refuse the supplier a price renegotiation within a period longer than 10 days from the date of the request; the terms of the price renegotiation take effect within the term stipulated in the contract; (d) to ask the supplier to pay for the staff in charge of setting up the sales premises used for the sale of the supplier's products or to oblige the supplier to provide staff for the sale of the products or any other activity related to the sales-promotion process; (e) to impose a payment on the supplier for the secondary placement of its agricultural and food products for sale; and (f) to require the supplier to bear the full or partial cost of any discounts for the agricultural and/or food products sold by the buyer under promotional.
Date of text
Repealed
No
Source language

English

Legislation status
in force
Legislation Amendment
No
Original title
LEGE nr. 81 din 11 aprilie 2022 privind practicile comerciale neloiale dintre ntreprinderi n cadrul lan ului de aprovizionare agricol i alimentar.