LAW NO. 297/2013 REGARDING THE ESTABLISHMENT OF CONTRACTUAL RELATIONS OF MILK AND DAIRY PRODUCTS SECTOR, AS WELL AS THE RECOGNITION OF THE PRODUCERS ORGANISATIONS FROM THE MILK AND DAIRY PRODUCTS SECTOR

Starting with 19th November 2013, both the deliveries of raw milk on the Romanian territory and the first-buyer’s offers to the dairy products producers shall have, compulsorily, the written form of contracts, the parties having the liberty to negotiate unconditioned the contractual clauses. In the same time, the producer’s denial regarding the first-buyer’s offers must also be expressed in written, in term of 15 days since the offer’s reception.

The minimum duration of the contracts and contractual offers shall be of minimum 6 months.

Deliveries of raw milk and dairy products which are not incorporated into a written form contract constitutes contravention, the applicable sanction being the penalty from 500 lei to 1,000 lei, whether committed by physical persons, respectively the penalty from 1,500 lei to 2,000 lei for legal persons.
The Producers organizations and the Producers organizations associations from milk sector shall have the possibility to negotiate, in the name of their members, the raw milk delivery contracts form their members to the first-buyers, regarding the total or partial production of it, without to prejudice the principles of competition. In this regard, they shall provide the competent authorities with all useful information regarding the raw milk quantity that shall be negotiated and delivered to the first-buyers.

The competent Authority shall monitor permanently the correctness of the binding statements in the milk and milk products domain, by performing the administrative controls or on the spot in order to verify the compliance with the recognition conditions. The controls shall be performed before the approval of the requests of recognition as producers organization, and then, the verifications regarding the maintaining of the recognition conditions shall be made annually.
contract control

If the producers and the first-buyers will not permit to the competent authorities representatives the unrestricted access in the premises where the commercial activities are carried out or will not provide them with the required documentation, they shall be sanctioned:

  • By a fine from 300 Lei up to 500 Lei, for the physical persons producers;
  • By a fine from 500 Lei up to 1.000 Lei, for the legal persons producers and first-buyers.


The fines may be reduced at half of the legal minimum, being paid either at the time of sanction or within 48 hours since the Report date, namely since its communication.

If the competent authority representatives will find that the recognition condition are not fulfilled it shall be disposed the revocation of the recognition act, with full effects even since the date of finding and communication of the irregularity.
In the same time, the temporary and deliberate breach of the recognition criteria, shall conduct to the suspension of recognition of the producer organization with legal effects since the date of the irregularity observation, for a period no longer than 6 months. If during the suspension period the deficiencies are not remedied, the competent authority shall withdraw the recognition of the producers organizations.

Published in the Official Gazette of Romania no. 709 of 19.11.2013
The act have entered into force on 19th November 2013
Issued by: Parliament of Romania