DSP and ANSVSA fines

Legal defence and representation in proceedings challenging DSP and ANSVSA fines

Challenging administrative-offence reports and penalties issued by the Public Health Directorate (DSP) and the National Sanitary Veterinary and Food Safety Authority (ANSVSA/DSVSA) is a highly specialised judicial procedure governed by Government Decision No. 857/2011 on penalties for breaches of hygiene and public-health rules, Government Decision No. 984/2005 establishing administrative penalties for breaches of sanitary veterinary and food-safety rules and the general framework established by Government Ordinance No. 2/2001 on the legal regime of contraventions. Draconian measures imposed by health and veterinary inspectors — including extremely high administrative fines for failure to comply with hygiene rules, absence of health/veterinary operating permits, improper storage or labelling of food products, missing traceability records or failure to maintain hygiene throughout the food chain — may be accompanied by severe complementary measures, such as confiscation of products, temporary suspension or even closure of the establishment. The involvement of a lawyer specialising in administrative-offence and business law is critical from completion of the inspection, since the statutory deadline for filing an administrative-offence complaint with the court is only 15 days from delivery or notification of of the report. Registration of the complaint with the court automatically stays enforcement of the administrative fine, while also allowing abusive suspension-of-operations measures to be blocked through the courts until final resolution of the dispute.

Annulment of the inspection decision, analysis reports and defence strategies

Obtaining annulment or reduction of DSP or DSVSA penalties depends on meticulous analysis of the inspection procedure and rigorous challenge to the facts recorded by the inspectors. An defence strategy effectively constructed approach first seeks grounds of absolute or relative nullity in the report under Government Ordinance No. 2/2001 (such as a cursory or ambiguous description of the offence, errors in identifying the legal entity, failure to specify the legal provisions breached or exceeding inspection powers). On the merits, the litigation approach focuses on rebutting the factual findings through strong technical and documentary evidence: analysis reports issued by accredited laboratories, counter-samples, insect-control, disinfection and rodent-control reports (DDD), temperature-monitoring files and implemented internal procedures (HACCP). The defence also seeks to challenge oppressive complementary measures and, alternatively, request replacement of the fine with a warning, demonstrating the company’s good faith, the limited degree of social danger and the immediate, voluntary correction of any minor deficiencies identified during the inspection.

Legal assistance and representation in Romania

An abusive DSP or DSVSA inspection or an unjustified suspension of operations can completely halt a hospitality, food-production or food-retail business, causing enormous financial losses and deterioration of stock. Basuc Cosmin Law Office offers specialist legal assistance and representation in preparing and pursuing administrative-offence complaints against reports issued by the competent public health directorate (DSP) or the competent sanitary veterinary and food safety directorate (DSVSA). We assist during inspections, prepare the administrative-offence complaint, obtain stays of enforcement of abusive penalties and propose technical evidence to the court, providing a firm defence before the competent district courts and the competent tribunals, working to protect your business, resume operations and annul undeserved penalties.