LIGJ suit one's taste

Document Sample
LIGJ suit one's taste Powered By Docstoc
					Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.

                                          LAW

                               No. 8443, dated 21.1.1999

       FOR VITICULTURE, WINE AND OTHER GRAPE BY-PRODUCTS


 On the basis of articles 78 and 83, point 1 of Constitution, upon proposal of the Council
                                        of Ministers.


                                    THE ASSEMBLY

                             OF REPUBLIC OF ALBANIA

                                       DECIDED:

                                  CHAPTER 1
                            PURPOSE AND DEFINITIONS


                                         Article 1
                                         Purpose

The purpose of this law is to decide the rules for the vineyard cultivation, grape and wine
production, as well as the other derived productions in the Republic of Albania, so that it
 can meet the requirements and standards of the international market and also to ensure
                controlled origin and quality production and marketing.


                                          Article 2
                                        Definitions
Terms for viticulture, in meaning of this Law, are as following:

   1. “Vine” means the plant of Vitis L. genus breeding for grape products and multiple
      material.
   2. “Vineyard for production” means the surface of vineyard that have not less than
      250 m2 which are plant and maintenance for grape production and have not less
      than 50 %of number of plants allowed by the planting scheme.
   3. “Mother vineyard for graft” means the surface of vineyard not less than 250
      plant with variety preference of Vitis Vinifera L. species and maintenance for
      taking of graft as main destination, when the purity of variety is 100%.
   4. “Antiphyloxeric mother vineyard” means the surface of vineyard plant with
      variety preference of Vitis sp. resistant by phylogenic of roots and their
      destination is for taking of pieces (tales).
   5. “Plot” means surface plant with vine from 250 m2 to 10 ha.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.
   6. “Block” means surface plant with vine from 10.025 ha to 50 ha.
   7. “Massive” means surface plant with vine with size 50.025 ha.
   8. “Vine zone” means the piece of territory that have climacteric-earthly factors near
       the same, when find dispersion area and suit for cultivation, different variety of
       vine with same requirements and it is produced grape with close organo - leptice
       and technological parameters.
   9. "Preference variety" means vine varieties which are popular, and for which is
       created a tradition, and in particular climacteric-earthly conditions gives high
       quality production.
   10. "Authorized variety" means vine varieties which are well known and their
       quality is proved in certain climacteric-earthly conditions.
   11. "Temporarily authorized variety " means vine varieties which are able to adapt
       in particular zones or they are dispersed in one or more zones when they can be
       preferred or authorized, but they can not be in the such conditions in one or more
       other zones.
   12. "Maintenance form" means the form that is applied in above ground part of vine
       through different forms of pruning and agro - technical level or some parts of its
       chain.
   13. "Support form" means the way of setting of materials that are used to realize
       supporting of upper - ground part of plant or vine plant.
   14. "Piece or tale" means a part of cutting from vine of different kind of Vitis sp.L.
       genus resistant by pyroxene, with dimensions defined in standard, destinated to
       form the under - ground part of plant (sub-graft) in preparing of grafted sapling
       or/and for direct sprout root to produce un grafted sapling.
   15. "Shoot" means a part of cutting from vine Vitis vinifera L. with dimension
       determinate in standard, a part of which with one eyelet is destinated to form an
       aerial part of plant in preparing of grafted sapling or in place grafting.
   16. "Graft" means commonality of pieces (tales) and a part of shoot together with an
       eyelet realized through grafting.
   17. "Plant nursery" means the field of sapling where graft are planted to produce
       grafted sapling.
  18. Wine means the product obtained from alcoholic fermentation, either partial or
complete, of fresh grape or must. The level of alcohol should not be lower than 9 %.
  19. "Production zone" means region, province, place or block of vineyard that
  because of nature environmental characteristics, vine cultivars and cultivation systems
  produce grape from which we can produce wine with particular quality and original
  from specific techniques of processing.
  20. "Maturity zone" means region, district or province when are the wine facilities
  for keeping of wine from "Production zone", in which are applied their maturing
  processes.
  21. Grape marc raki means the beverage obtained from distillation with steam water
  of fermented marc, after adding the sediments in restricted proportion.

  22. Grape distillate means the natural alcohol where the ethanol content is higher
  than 80% in volume and lower than 96% in volume.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.
  23. Wine distillate obtained from wine distillation and its fresh sediments or from
  distillation of wine raki.
  24. Marc distillate obtained from fermented marc distillation, from marc raki or head
  and bottom distillation fractions.

  25. Rectificated grape alcohol is natural alcohol obtained from rectification when the
  ethanol content is not lower than 96% in volume.



                                     CAPTER II
                                   FOR VINEYARD

                                        Article 3


   The strategy of vineyard development is based in the regional areas of cultivations,
  defined by the authorized organism by the Ministry of Agriculture and Council of the
                                       Ministers

                                        Article 4

Every farmer, physical or juridical person, Albanian or foreigner acting conform this law,
                 is permitted to plant and cultivate grape and pergolas.


                                        Article 5

1.The new planting and replanting of vineyard can be done only with grafted material on
                   Vitis vinifera L. and resistant towards phyloxera.


                                        Article 6

 Ministry of Agriculture and Food, and its subordinate structure, support with technical
                     assistant vineyard planting in viticulture zones


                                        Article 7

  The Ministry of Agriculture and Food according to needs and conditions of viticulture
  development, establish rules and critters for cultivar structure.




                                       Chapter III
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.

                        ON WINE AND GRAPE BY - PRODUCTS


                                          Article 8
  Destination of use of products describe in Article 2 shall do according to article 34,
  point 1, letter "a" of Law nr.8443 date 21.01.1999 "On viticulture, wine and other
  grape by-products", as well as Law nr.7941 date 31.05.1995 "On Food" article 34,
  letter "a", "Responsibilities in food safety and quality certificate issue".

                                          Article 9

  It is forbidden ethanol and raki production from raw material different from grape and
  wine like liquids and products from beetroot and molasses processing.
  The Ministry of Agriculture and Food with under legal acts will undergo to discipline:


                                           Article 10

  Production, manipulation, circumcision and marketing of alcohols referring to Article
  46 point 2, shall be adapt the norms that guarantee their exclusive application for
  authorized purpose. For this reasons the Ministry of Agriculture and Food prepare the
  necessary orders.

                                           Article 11

  In beverage production defined in Law and this Regulation are used only grape natural
  alcohols mention in Article 30 of this Regulation.

                                         Article 12

  In the other cases, natural alcohols used in alcoholic beverage production will be
  defined with under - legal acts (for each beverage).

                                         Article 13

  The following shall be deemed unfit for consumption:

  a) Counterfeited production.
  b) Productions that are in excess of the limits set out in article 34.
  c) Wines that have one of the following characteristics:

  1. Seasonal production that have fluorite acidity expressed in acetic acid, exceeding
  one gram per liter, when the quantity of ethanol contained is equal or lower than 10%;
  for wines with higher quantity of ethanol content, this limit of acidity shall be raised at
  0.06 gram per liter for every alcoholic grade above 10% in volume.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.
  2. Wines, chemical analysis or microscopically tests identifying wine diseases or
  defects that cannot be corrected by authorized treatment.

  3. Wine that have been produced by processing of hybrids, direct producers and grape
  cultivars not authorized for wine production and their mixture, wine with normal
  composition.

  4. Wine that have many defects regarding color, smell or taste.

  5. Wine produced from diseased infected grape, pests or meteorological phenomena’s.

  6. Wine with alcohol contents lower than 9% in volume.

  d) Liquids obtained from pressure of sediments or super-pressure of marc and their
  mixture with normal wine.

  e) Wines produced from marc fermentation with additional glucose liquid.

  f) Vinegar that has the following characteristics:

  1. Turbid or very obvious sediments.
  2. Many defects regarding to color, smell or taste.
  3. Diseases or chemical break that cannot corrected by authorized treatment or contain
  worms.


                                        Article 14

The destination of using of the products included in article 13, will be defined with by-
law, by the Ministry of Agriculture and Food.

                                        Article 15

Substances used in treatment of products permitted from Law and this Regulation,
require first authorization of the Ministry of Agriculture and Food according of their
competences, as well as their registration in proper registers.

                                        Article 16

It is forbidden to do advertising or to advise for enological usage or in beverage
production of every unauthorized product, as well as buying and selling of this products
for the aim mention above.

                                        Article 17
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.
Production, manipulation, circumcision and marketing of alcohols shall be adapt the
norms that guarantee their exclusive application for authorized purpose. For this reasons
the Ministry of Agriculture and Food prepare the necessary orders.

                                        Article 18

It is forbidden ethanol and raki production from raw material different from grape and
wine like liquids and products from beetroot and molasses processing.




                                        Chapter IV

                ON CRITERIA FOR WINE ORIGINE DETERMINATION

                                        Article 19

The nomination of origin will be determined by the Ministry of Agriculture and Food in
accordance with the article 2 and 20 of this Law

                                        Article 20

The protection of Name of Origin is applied only in the regions, districts, localities and
blocks where are appropriate production and maturing zones.
Only physical and juridical persons can use the names defined in Article 50.1.

                                        Article 21

Using of Name of Origin defined in Article 50 will be applied only for products, which
are according of this Regulation and appropriate orders for Name of Origin.


                                        Article 22

It is forbidden using names or marks that, for phonetically or orthographical similarity
with protected names, lead to misunderstanding about the nature and origin of products
without affect in its rights.

                                        Article 23

 There are not using geographical name of Name of Origin in label and advertise of
production when they have words like "type", "stile", "kind", "packaging in", "in facilities
of" or other similar words.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.

                                         Article 24

Marks, trade name or trade society, which belong to definition describe in Article 35 of
this Regulation, as well as Name of Origin, can be used only for marketing and
advertising of products which are in accordance with conditions defined in Law and in
this Regulation.


                                         Article 25

Only physical and juridical persons that have registered their vineyard or enterprises in
Name of Origin registers can produce grape for wine production with Name of Origin.




                                         Chapter V

                         ON VINEYARD AND WINE CADASTER

                                         Article 26

The Ministry of Agriculture and Food organize and keep the Cadastre for Vineyard and
Wine Industry, which is a necessary technical instrument for recognition of vineyard,
grape and wine production situation.

                                         Article 27

Cadastre for Vineyard and Wine Industry is drafting as following:
For each plot is registered situation, name and limits; surface size; agro biological
characteristics, orientation, slope and altitude above the sea level; plantation
characteristics, age, limits, density, form and variety of under - graft and super-graft; the
nature and yield of production; destination of production.


                                         Article 28

 For plant nursery of vine, except what is said in points a and b, it is registered and type
and surface of plantation of super-graft and mother vine, as well as the yield production
of graft plant or shoots.

                                         Article 29

For each vineyard farm is registered name, technical-economical characteristics, and
plots with vine in their composition.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.
                                        Article 30

For each facilities or units, it is registered location and name; unit characteristic,
machineries and fill line; processing system; production capacity and processed products
characteristics.

                                         Article 31

For each owner: personal data of owner, production device and the owner of vine
consumption and treatment farms, processing and storage of production; juridical
justifying for keeping of device when the owner is not present.

                                   Chapter VI
                           ADMINISTRATIVE VIOLATIONS

                                        Article 32

    According to this Law, in the circumstances when there is no penal act committed,
 violations of provisions regarding the following, are treated as administrative violations:
1. new planting and replanting in contradictions with articles 5 and 6.
 Ministers;
c) Production of olive oil without necessary licenses provided in article 3;
ç) Failure to respect packaging, marketing and advertisement requirements in
contradiction with letter b of article 5 of this law;
d) Failure to respect rules in new planting, in contradiction with article 6 of this law.
dh} Failure to respect designation and origin requirement, in contradiction with article 7
and the by-legal act of the Minister of Agriculture and Food.


                                        Article 33
                                        Sanctions

 1. On administrative violations provided in article 8 of this law the following sanctions
                              are applied by control organs:
     a) On violations provided in point 3, the fine is from 40 up to 50 thousand ALL;
     b) On violation provided in point 2, the amount of the fine is from 150 up to 200
                                     thousand ALL;
  c) On violation provided in points 1, 4, 5 and 6 the fine amount is from 400 up to 500
                                     thousand ALL;
 2. According to cases provided in point 1 of this article, the goods are blocked and a re-
 evaluation of them is carried out according to procedures stipulated by Decision of the
                                   Council of Ministers.


                                        Article 34

Competent       bodies      for      imposition       of     administrative      measures.
Ky akt është përkthyer nga Ministria e Bujqësisë, Ushqimit dhe Mbrojtjes së
Konsumatorit.

1. The right to impose administrative measures is held by these state bodies:

a) Inspectorate of Food and Sanitary Inspectorate, on violation so provisions provided in
article 2.
b) Inspectorate of Food on violations of provisions provided in articles 5 and 6.

2. Appeal and execution procedures of the administrative measure are carried out in
compliance with Law No. 7697, dated 7.04.1993 “On administrative violations”


                                        Chapter VII

                                  FINAL PROVISIONS



                                         Article 35


 The Council of Ministers is attributed the responsibility to issue the respective by-legal
                        acts for the implementation of this law.


                                        Article 36
                                    entering into force

      This law enters into force 15 days after its publication in the Official Gazette.

Declared by decree No. 2302, dated 1.2.1999 of the President of the Republic of Albania,
                                   Rexhep Mejdani

				
DOCUMENT INFO
Shared By:
Categories:
Tags: LIGJ, suit, one's, taste
Stats:
views:15
posted:9/10/2010
language:Albanian
pages:9
Description: LIGJ suit one's taste