We are authorized receiver operators
This structure operates under the subordination of 6th District’s General Directorate of Social Assistance and Child Protection, which was recently included in the list of receiving operators who have the right to collect, store and distribute to end consumers food products that remain unsold or unconsumed.
According to Law no. 49 of 15.03.2024, economic operators in the agricultural and food sector are obliged to implement measures on food waste, by transferring unused food free of charge to receiving operators.
Those who comply with the provisions of this law benefit from tax facilities, according to Law no. 227/2015 on the Fiscal Code. Economic operators who do not comply with these legislative provisions will be sanctioned with a fine from 10.000 lei to 20.000 lei.
Law 217/2016 on the reduction of food waste
Published in the Official Gazette, Part I no. 934 of 21 November 2016
The Parliament of Romania adopts this law.
Art. 1
(1) All economic operators in the agricultural-food sector are obliged to follow rules regarding food waste avoidance.
(2) According to the above legislation, food waste means the situation as a result of which food leaves the circuit of human consumption due to degradation and is destroyed.
Art. 2
(1) Economic operators in the agricultural-food field are obliged to take action to prevent food waste.
(2) These action shall be taken out according to the hierarchy of prevention of food waste pollution, as follows:
a) accountability actions for reducing food waste on the agricultural -food chain, starting with production, processing, storage, distribution, marketing, reaching the final consumer, including the hotel industry and food services sector;
b) actions regarding the sale at a reduced price of products close to the expiration date.
c) actions regarding the transfer of food by donation or sponsorship, for human consumption, but close to the expiration date, to entities, which have become operators in the agricultural-food sector as a result of registration with the National Sanitary Veterinary and Food Safety Authority, hereinafter referred to as ANSVSA, with the obligation to comply with the legal provisions regarding hygiene conditions, including temperature requirements during storage and as well as the appropriate labeling;
d) actions targeting products not intended for human consumption according to Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down the sanitary rules on animal products not intended for human consumption, category 3 for the consumption of certain categories of animals, under the conditions provided by the sanitary-veterinary legislation in progress on the disposal of animal subcategorized products.
e) actions regarding agricultural-food products that have become unfit for human or animal consumption by being transformed into compost, according to the sanitary-veterinary legislation in progress on the removal of subcategorized animal products not intended for human consumption and the legislation on environmental protection;
f) actions to be taken regarding those agricultural food products that have become unfit for human or animal consumption in order to make use of them by transforming them into biogas according to the environmental legislation and the sanitary-veterinary legislation in progress ;
g) actions regarding the routing to an authorized unit for the neutralization of the products remaining after the completion of the stages provided in letters a)-f).
Art. 3
(1) Food close to the expiration date, coming from donations or sponsorships, shall be directed to the operators in the agricultural-food sector provided in art. 2 paragraph
(2) letter c), these being prohibited from selling food in any way to other operators in the food business or directly to the final consumer.
(2) The associations and foundations operating on the basis of the Government Ordinance no. 26/2000 regarding associations and foundations, with subsequent amendments and completions, approved by Law no. 246/2005, with subsequent amendments and completions, as well as social enterprises operating on the basis of Law no. 219/2015 on the social economy, who become operators in the agri-food sector, can sell food close to the expiration date , if their activity is in the social assistance area of interest and field.
(3) The economic operators in the agricultural-food sector may offer to associations, foundations and social enterprises, the food that is close to the expiration date, according to the provisions of art. 2 paragraphs (2) and (1) of this article, for a maximum amount of 3% + VAT from the purchase price for traders, and 3% + VAT from the production price, for producers and processors.
(4) The associations and foundations mentioned in paragraph (2) may sell the food offered according to paragraph (3), with a maximum of 25% + VAT from the purchase price, in case of takeover from traders, respectively with a maximum of 25% + VAT from the production price, in case of takeover from producers or processors.
Art. 4
(1) If it does not certify as a crime, the violation of one of the provisions of art. 2 constitutes a contravention, and is sanctioned as follows:
a) with a fine from 1,000 lei to 3,000 lei, for micro-enterprises;
b) with a fine from 3,000 lei to 6,000 lei, for small and medium-sized enterprises;
c) with a fine from 6,000 lei to 10,000 lei, for large enterprises.
(2) The fines and the application of sanctions shall be made by the empowered representatives of the authorities which control the agricultural food field.
Art. 5
The transfer of food to entities registered with ANSVSA is made based on a donation or sponsorship contract.
Art. 6
The present law comes into force within 6 months from the date of publication in the Official Gazette of Romania, Part I.
Art. 7
Within 6 months from the date of publication of this law, the Ministry of Agriculture and Rural Development shall develop the list of methodological norms for applying it, which will eventually be approved by Governmental decision.
This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 and art. 76 paragraph (2) of the republished Constitution of Romania.