Consumer

Food waste, our battle over fresh milk

July 24, 2019

Minister for Agriculture, Forestry, Food and Tourism Policy Gian Marco Centinaio recently showed an openness toward reforming an Italian rule by which the expiration date of fresh milk is imposed ex lege. Such a rule is in fact causing unnecessary waste of huge quantities of safe and quality Italian milk. The writer had already filed a special complaint with the European Commission in 2018. Moreover, without receiving feedback, repeatedly solicited.

Table of Contents

Fresh Italian milk, the forced expiration

Law 3.8.04, no. 204 – ‘Conversion into law, with amendments, of the decree-law of June 24, 2004, no. 157, on urgent provisions for the labeling of certain agri-food products, as well as on agriculture and fisheries‘ – established the durability of ‘fresh pasteurized milk’ and ‘high-quality fresh pasteurized milk‘ as 6 days. This measure is not justified by health needs nor is it worth guaranteeing milk quality.

According to the general rules that apply in Europe, it is up to the food business operator to define on his or her own responsibility the time limit within which the product can be safely consumed. (1) The expiration date (‘best before …’) – or the minimum shelf life (‘best before …’), for products that are not rapidly Microbiologically perishable – are therefore determined by each operator following adequate risk analysis and appropriate testing of shelf life.

The Italian provision under consideration is therefore devoid of any legal basis. Both because it is contrary to the general rules mentioned above, and because European legislation in the sector does not include the power of member states to introduce durability terms for dairy products at will. The direct consequence of this rule is the wastage of quality Italian milk, made in modern pasteurization plants, whose shelf life is at least a couple of days longer than the legal deadline.

Forced deadline, the complaint to Brussels

On 3.5.18, the European Commission was notified of a complaint, signed by the writer, against the Italian rule providing for forced expiration of fresh milk.
For manifest violation of European rules referred to:

– TFEU (Treaty on the Functioning of the European Union, Articles 34 and 36),

– General Food Law (reg. EC 178/02),

– Food Information Regulation (EU reg. 1169/2011).

On this occasion, the writer informed the Commission about the failure to notify Brussels of Law 204/04, in violation of the rules established by Directive 98/34/EC as amended (most recently, dir. 2015/1535/EU). That is to say, this law too-as well as the legislative decree on plant location and the various decrees on the origin of pasta, rice and tomatoes-is unenforceable.
Indeed, public administration and judicial authorities, according to well-established case law of the EU Court of Justice, have a duty to disapply national technical regulations that have not been notified to Brussels.

The complaint analysis – where it complains, among other things, of a quantitative restriction on trade in the Single Market through rules that are ultra vires to the common law on food labeling and safety – is subject to the responsibility of the unit responsible for the surveillance of the Internal Market, in the European Commission’s Directorate General GROW.
Consideration of the complaint must begin after 45 days of its submission and has thus been repeatedly urged.

Milk is wasted while Brussels sleeps

The procedure initiated with the complaint in Brussels should have been kicked off by the European Commission sending a letter to the Italian government (in this case precisely to the Ministry of Agriculture, Food and Forestry Policies, MiPAAFT). For a formal request for clarification to which the national authority has a 60-day deadline to respond. As a result of its consideration of the matter and dialogue with the member state authorities, the Commission may then decide to switch the procedure to ‘EU-pilot‘.

A pre-infringement procedure against Italy-with a request to repeal or otherwise change the law in the requested direction-had to be initiated more than a year ago. So as to settle the issue without the need to incur an infringement procedure, which can also lead to a major sanction. But Brussels is asleep, while Italy continues to waste cisterns and cisterns of fresh milk.

On 2.7.19 a further reminder was sent by the writer to Mr. Hans Ingels, head of Unit B1 – Single Market Policy, Mutual Recognition and Surveillance at DG GROW. For information to Mr. Martin Selmayr, Secretary General of the European Commission, and Mr. Timo Pesonen, Deputy Director General DG GROW. To throw away food is a sin, taught our grandparents who saw hunger. Throwing it out because they are forced to by a law is even more serious, almost as serious as the failure of those in Brussels who should be overseeing the proper application of the rules and instead are asleep. Shame!

#Égalité!

Dario Dongo

Notes

(1) Except for the rare cases of appropriate provisions in vertical European regulations, i.e., referring to individual supply chains or product categories (e.g., fresh eggs, extra virgin olive oil)