A ministerial circular 13.11.20 theorizes to postpone the entry into force of Ministerial Decree 6.8.20, which introduced mandatory origin labeling for pork in Italy.
The postponement is inadmissible, however, because a bureaucrat’s paperwork cannot change an interministerial decree on legislative delegation. Therefore, penalties are applicable as of now to non-compliant labels.
Origin labeling of pork, the rules in force
Mandatory origin labeling of pork was introduced in Italy by Ministerial Decree 6.8.20, to whose illustration above we refer (1)
The new rules-notified to Brussels under Reg. EU 1169/11, Article 45 – have received the green light from the European Commission and have been in force since 16.11.20.
As a transitional measure, only products packaged by 15.11.20 with labels that do not comply with the new standards can be marketed (DM 6.8.20, Article 7).
Referral Theorem
Circular 13.11.20 – signed by Mi.S.E. Director General Mario Fiorentino – theorizes two substantial changes to the Interministerial Decree 6.8.20:
– Deferment of entry into force, from 16.11.20 to 1.2.21,
– Amendment of transitional arrangements. To the point of allowing the disposal of stocks of non-compliant labels and packaging, rather than products already labeled, by 31.1.21. (2)
The excuse is Covid-19, a candidate scapegoat for every wrongdoing in 2020. And it is a scarcely credible excuse, given that the outline of the decree had been approved by the State-Regions Conference on 18.12.19 and its contents already known for some time.
Inadmissibility of referral
Interministerial Decree 6.8.20 was adopted by the Minister of Agriculture, Food and Forestry, in consultation with those for Economic Development and Health. The regulations introduced therein are based on a specific and special delegation of authority by the Italian legislature. (3)
A lower source of law cannot contradict, let alone modify, a source of law superior to it in the hierarchy of sources. Therefore, the circular 13.11.20 of the director general of Mi.S.E. is worth less than waste paper, even when it is published in the Official Gazette.
Therefore, official public inspection authorities, ICQRF in the first place, have a duty to enforce the DM 6.8.20 and its sanctions.
Italian shame
Politics and administration in Italy continue to serve the lobbies of the smart-asses-industry and large-scale retailers-who insist on hiding the origin of the meat used from consumers. Evidence of this, even before the antics under consideration, includes:
– the assumed exemption from the requirement to specify the individual foreign country of origin of the pig. Reg. EU 1337/13 allows generic ‘EU’ labelling only if the meat comes from more than one member state (e.g., mixing of several batches of different origins for a minced compound). Instead, DM 6.8.20 assumes that meat that comes from only one member state can also be hidden behind the ‘EU’ mask. With the clear objective of covering up the omertà on purchases of thighs for cheap hams, arriving from countries such as Germany, Poland and the Netherlands where caporalism is practiced in animal husbandry at the expense of safety and quality. (4) Derogation, moreover, impermissible because of conflict with the superior source of law,
– The exclusion of pre-wrapped and bulk foods from the scope of application of M.D. 6.8.20,
– stubbornness in denying Italian consumers the right to know the origin of meat and fish products served by communities (restaurants, trattorias, canteens, fast-food, take-away and food delivery). As Consorzio Italia Zootecnia and GIFT(Great Italian Food Trade) have been asking for years.
Responsibility
Covid-19 should teach everyone the responsibility of creating and maintaining value in the territories. Nurture GDP and local employment, ensure continuity of food and health supplies. And thus enhance short supply chains by building strong supply chain relationships.
Everyone’s responsibility is the resilience of a system on which our history, culture and economy depend. But this system is crumbling before our eyes because of the shortsightedness of an industrial and distribution system that–with rare exceptions–continues to buy agricultural raw materials below cost.
To consumAtors a simple invitation. Packaged and loose hams and cold cuts, preparations (e.g., hamburgers, breading, roasts and loins, etc.), if you do not know the origin, do not buy. It’s time to turn over a new leaf!
Dario Dongo
Notes
(1) Dario Dongo. Label of origin of pork in hams and other cured meats. Off to the decree with catch. GIFT (Great Italian Food Trade). 9/19/20, https://www.greatitalianfoodtrade.it/etichette/etichetta-di-origine-delle-carni-suine-in-prosciutti-e-altri-salumi-via-al-decreto-con-tranello
(3) Law 4/2011 as amended, Article 4
(4) Dario Dongo. Slaughterhouses and meat industries. Behind the contagions at Covid-19, German-style caporalism. GIFT (Great Italian Food Trade). 7.7.20, https://www.greatitalianfoodtrade.it/sicurezza/macelli-e-industrie-delle-carni-dietro-i-contagi-ai-covid-19-il-caporalato-alla-tedesca
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
