Legislative Decree. 231/17, implementation and integration of the reg. EU 1169/11, penalty regime, repeals. All clear on the surface, subject to uncertain repeals. Regarding which, a recent note from Mi.S.E. almost seems to contradict the legislative provision. Some thoughts on the subject.
Legislative Decree 231/17, content
Legislative Decree 231/17
– Penalty discipline for violation of the provisions of Regulation (EU) No. 1169/2011 on the provision of food information to consumers and the adaptation of national legislation to the provisions of the same Regulation (EU) No. 1169/2011 and Directive 2011/91/EU, pursuant to Article 5 of Law Aug. 12, 2016, no. 170
“
European Delegation Law 2015″
– updates in Italy the regulation of consumer information on food products. The measure, in summary:
a) supplements reg. EU 1169/11 In the parts left to concurrent national legislation, which pertain to:
-
Sale of bulk and prewrapped foods,
-
Food administration by communities,
b)
Introduces a new administrative penalty regime
, subject to the application of criminal law,
c)
Repeals the former ‘labeling decree’
(d.lgs. 109/92 as amended).
For an in-depth examination Of Leg. 231/17, reference is made to thefree ebook ‘1169 PENIS – Reg. EU 1169/11. ‘Food news, controls and penalties’.
Legislative Decree. 231/17, apparent repeals
Legislative Decree 231/17 repeals
the previous legislative decree. 109/92 in almost its entirety, (1) subject to the following
-
some provisions expressly taken up in the new legislative text, as well as
-
The requirements for mandatory indication of the location of the establishment
on the labels of pre-packaged food products
Made in Italy
, already reintroduced through Leg. 145/17.
I terms of milk durability sterilized vaccine and UHT – defined by Law 169/1989 – are also expressly repealed. Further repeals concern the reference to the batch code in the regulations metrology (Presidential Decree 391/1980, art. 7), since the obligation to indicate it was taken up in Leg. 231/17, in Article 17. E
the former system
d
nutritional labeling (legislative decree 77/1993, implementing dir. 1990/496/EEC repealed by EU reg. 1169/11).
Finally, the following appear to have failed. some national provisions at the time introduced by Leg. 109/92 relating to ‘
particular products
‘ such as beer
, chamomile, cereals, flour, bread and pasta, fresh string cheese, margarine and fats, oils
of olive and seeds, tomatoes, and rice. Thus, packaging requirements for fresh string cheese appear to have lapsed.
, the
butter and
chamomile tea.
Legislative Decree. 231/17, Mi.S.E. Circular 9.4.18
Mi.S.E. Circular 9.4.18
proposes to offer ‘Clarifications on the repeal effects brought about by Art. 30 of Legislative Decree 231/2017‘. (2) The Administration’s intent is laudable and yet it suffers from the original sin of the uncertainty and fragmentary nature of food law in Italy, the responsibilities of which are compounded from government to government. (3)
With regard specifically to.
marketing standards related to individual product categories, the circular reports the following. In the valuable table in the Annex:
-
beer
(ex art. 19 legislative decree 109/92). The requirements for the Plato degree that different types of Italian beer must possess, in order to carry the relevant designations, are still in effect because they are taken up in Presidential Decree 272/98, Article 2.1,
-
butter
(formerly Art. 20 Legislative Decree 109/92). The packaging requirement is understood to be maintained,
-
chamomile
(referred to in Article 21 old decree), a rule actually repealed,
-
cereals, flour, bread and pasta.
(referred to in Art. 22, paragraphs 1-3, Legislative Decree 109). Regarding the designations of ‘wheat flour’ and ‘bread,’ reference should be made to Presidential Decree 187/01, Article 14. With regard to ‘Partially baked bread,’ the standard to be applied is as provided in Law 146/44, Article 44. The ‘water content of bread when fully baked’ remains unchanged,
-
fresh string cheese
(formerly Art. 23). The precepts are understood to be still in force, on the basis of Leg. 181/03,
-
vegetable margarines
(former Article 24), a provision permanently repealed,
-
honey
(formerly in Article 25 of 109). The former regulations have been replaced by the provisions in Leg. 179/04, Article 7
-
Olive and seed oils
(formerly Art. 26). The requirement for pre-packaging in hermetically sealed containers, as amended by Law 13/07, Article 20.4, still applies. This obligation continues to apply ‘
when oil is
olive oil is transferred from the mill to the producer’s warehouse and from the producer’s warehouse to the first consignee’s warehouse
‘
-
peeled tomatoes and tomato concentrates
(art. 27 legislative decree 109/92). The provisions of Law 154/16, Article 30.2 continue to apply.
-
rice
(formerly in Article 28 of 109). Provisions definitively repealed by Leg. 131/17.
Uncertain repeals
Beyond the commendable work
of the Mi.S.E. Administration, the complexity of the work described reflects a serious problem, impacting the daily activities of hundreds of thousands of operators in the sector, as well as the supervisory authorities.
The uncertain repeals
, referred to in Leg. 231/17 and largely refuted – with logical arguments – by the Ministry’s circular represent a symptom of an extremely complex system of rules that is inaccessible even to those who are supposed to apply and oversee its enforcement.
It is then added
a further critical issue, which not even the relevantoffices of the same Ministry have been able to address, often due to conflicting orders fromsuccessive ministers. (4) Much of the national legislation layeredover the decades has notbeen notified – as it should have been – To the European Commission. (5)
Until when?
Dario Dongo
Notes
(1) See Legislative Decree. 231/17, Article 30
(2) See Mi.S.E. Circular 9.4.18 no. 133330
(3) The paradox, in this case, is the fact that the still minister Carlo Calenda signed a decree that was itself in need of a circular from his own administration, in an attempt to clarify to the administrative people the actual scope of the relevant regulations
(4) The most glaring examples of failure to notify national technical standards affecting the marketing of goods concern the so-called decrees of origin on pasta and rice. Which are therefore illegitimate,
Unfortunately
, in spite of the false propaganda that accompanied them
(5) Cf.. reg. EU 1169/11, Article 45, and dir. 2015/1535/EU (TRIS,
Technical Regulation Information
System Database
)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
