THE NEW OIL-BEARING ROSE LAW 18.03.2020
Authors: Gergana Roussinova and Elena Todorova
On 31 January 2020, the new Law on the Oil-bearing Rose (Закон за маслодайната роза) (the "Law") was promulgated in the State Gazette and simultaneously entered into force. Its purpose is to protect the oil-bearing rose, traditionally grown in the territory of Bulgaria.
Scope of the Law
The Law regulates inter alia (i) the identification of oil-bearing rose plantations and cultivation of the oil-bearing rose, (ii) the purchase of the oil-bearing rose blossom, and (iii) the production and labelling of oilseed rose products. A crucial amendment is the establishment and maintenance of a national electronic register of rose producers, rose processors, oil-bearing rose blossom production sites and oil-bearing rose plantations (the "Register"). The Register is kept by the Ministry of Agriculture, Food and Forests and is public.
Cultivation and identification
The Law also contains oil-bearing rose cultivation standards and requirements to facilitate the identification of oil-bearing rose plantations by the authorities. Oil-bearing rose producers are now obliged to report newly created and/or destroyed oilseed rose plantations annually.
The Law strictly regulates how and where oilseed rose purchases may be conducted. The oil-bearing rose may be purchased only based on a written agreement concluded between rose producers and rose processors registered in the Register, the minimum content of which is prescribed by law. In addition, the Law exhaustively lists the places where purchases may be made.
Production and labelling
The Law also clarifies production and labelling requirements for oil-bearing rose products as well as requirements for production sites. Rose producers and processors are also faced with various reporting obligations.
Among others, the following are subject to control under the Law: (i) creation and destruction of oil-bearing rose plantations; (ii) production of oilseed rose products for food; and (iii) production sites, distilleries and other processing facilities. The means of control, as well as the rights and obligations of the controlling authorities are specified in the Law.
The Law foresees various fines for non-compliance, ranging from BGN 500 to 10,000 (approx. EUR 250 to 5,000).