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CHAPTER IV
Sanctions
Art. 37. Infringement of the provisions under the present law shall involve
civil, contraventional, or criminal responsability, as the case may be.
Art. 38. — The fo1lowing deeds shall constitute offences:
a) clearing
off the land by grubbing vines under other conditions than thosc established
under art. 13 as well as the destruction or damaging of soil ameliorative
works, and water projects, which shall be punished according to art. 2 1 7
under the Criminal Code;
b) thc
falsification or substitution of wines or of drinks produced on the basis of
must, wine, and viticultural and enological by-prodncts as well as their sale
while fully aware that they are falsified or substituted, which shall be
punished accordiiig to art. 297 or art. 315 under the Criminal Code, as the
casc may be.
Art. 39. The following deeds shall constitute
infringements, if committed under such conditions that they cannot be
considered offences according to the Criminal Law:
a) the
establishement of grapevine plantations with an area in excess of 0.1 ha per
economic agent or family, or the extension of the existing ones above this
limit without a planting authorization issued by the departments-general for
agriculture and food industry of the counties according to the provisions under
art. 10;
b) the
establishment of plantations greater than 0.1 ha, or the extension of the
existing ones beyond this limit with other varieties than the recommended and
authorized ones according to the provisions under art. 1 1 para. (1);
c) the
planting of direct producer hybrids in viticultural areas or beyond the
boundaries of localities situated outside the viticultural areas, according to
the provisions under art. 11 para. (2);
d) the
marketing of wines from direct producer hybrids in other conditions than those
regulated under art. 17;
e) thc
placing into consumption and marketing of wines and other products obtained
from must and wine which do not correspond to the quality and composition
characteristics established by the application regulations of the present law
and by the standards in force, according to the provisions of art. 20 and 21;
f) the use of denominations of origin in the marketing of wines and
other viticultural and enological products not fulfilling the conditions
established by the Ministry of Agriculture and Food Industry for their granting
according to the provisions under art. 25;
g) the
production for marketing of special wines, aged distillates of wine (“Vinars”),
and of other drinks produced on the basis of must and wine as well as of wine
vinegar without a licence issued according to the provisions under art. 26;
h) the non-observance by the producers and
merchants of products in bulk, of the rules of keeping records according to the
provisions under art. 28;
i) the
import and export of wines and of other viticultural and enological products
under other conditions than those provided under art. 29;
j) the
marketing of wines and drinks produced on the basis of must and wine, in
bottled forrn, without observing the provisions under art. 31.
Art. 40. — (1) The infringements provided under art.
39 of the present law shall be sanctioned as follows:
a) with a
fine from lei 500,000 to lei 1,000,000 those under letters a), b), d), e) and
h);
b) with a
fine from lei 1,000,000 to lei 2,000,000 those under letters f), g), i), and
j);
c) with a
fine from lei 2,000,000 lo lei 4,000,000, that under letter c).
(2) Infringement
fines shall also be applied to legal persons.
Art. 41. — The finding of infringements and the
application of sanctions provided under the present law shall be made by
official report drawn up by persons specially empowercd by the Ministry of
Agriculture and Food Industry, by the Ministry of Finance, by the Ministry of
Health, and by the Office for the Protection of the Consumers, each one in
relation to their attributions according to their deed of organization and
functioning.
Art. 42. — The provisions under the Law No.
32/1968 on the establishment and sanctioning of infringements shall also be
applicable to the infringements provided under the present law.