The essential contents of the sanctions decree under consideration by the Council of Ministers have been mentioned. The draft legislation, in addition to defining penalties, updates the national framework with respect to reg. EU 1169/11.
Pre-wrapped and foods sold in bulk
Food products sold in bulk – to the final consumer or to collectivities – as well as those packaged at the point of sale at the consumer’s request or for the purpose of direct sale (so-called prewrapped, or prewrapped food), even after splitting, (1) must come with an appropriate sign.
The information sign or other equivalent system, including digital, easily accessible and recognizable, shall be attached to the containers or otherwise in the vicinity of individual foods, (2) in the compartments where they are displayed. (3)
The mandatory information to be reported is as follows: (3):
(a) the name of the food https://www.greatitalianfoodtrade.it/etichette/denominazione-dell-alimento,
(b) the list of ingredients, except in cases of exemption provided for in the regulation, with graphic evidence of the allergens referred to in Annex II to Reg. EU 1169/11,
(c) the storage arrangements for rapidly perishable foodstuffs, (4)
(d) the expiration date, inexplicably limited to fresh pasta with and without filling, (5)
(e) the actual alcoholic strength by volume for beverages with alcohol >1.2% vol,
(f) the glazing percentage (tare), for frozen glazed products,
(g) the designation ‘thawed’ next to the name of the food in the prescribed cases. (6)
In addition to additional mandatory indications prescribed for non-prepacked products by national and European Union standards(e.g., fruit and vegetables).
The ‘single sign’ re-emerges as a nightmare of the past century,‘for ice cream, pastry, bakery, fresh pasta and deli products, including food preparations.’ (7) With a couple of necessary clarifications:
– must be kept in plain view (and we’d better be!),‘available to the buyer, near the counters displaying the products themselves.’
– claims for allergenic ingredients must be‘traceable to individual foods offered for sale.’
Confectionery and baked goods – if even pre-packaged, but ‘Intended to be sold piecemeal or in bulk, generally intended for consumption immediately after purchase‘ – may carry the above mandatory information ‘only on the sign or container, as long as it is in such a way as to be easily visible and readable by the purchaser‘.
Food administration
Collectivities–e.g., bars, diners, restaurants, canteens, caterers–have a duty to indicate the allergenic ingredients in each food,‘before the same is served to the final consumer by the collectivities.’
Allergens must be reported ‘on a menu or register or special sign or other equivalent system, including digital, to be kept well in view. Where digital systems are used, the information provided should also be evidenced by written documentation that is readily available to both the competent authority and the end consumer‘.
Critical notes, food security and privacy
The expiration date is due for food safety purposes, which must in fact be assessed in relation to normal consumption conditions, according to the information accompanying the food. (8) Prewrapped perishable foods, however, could carry only the storage conditions, and not also the expiration date. ‘Store at a temperature between 0 and +4 ‘C‘, good but … until when?
An unreasonable giveaway to the large-scale retail trade (GDO ), which is thus exempted from evaluating the durability of its prewrappers. To the detriment of consumers, on whom the responsibility for assessing the safety risk of perishable food in the days after purchase thus falls.
Finally, missing from the mandatory information on pre-wrappers are the quantity of the food and the warnings that must accompany certain ingredients due to food safety requirements. (9)
The privacy of allergic, celiac, intolerant consumers is being desecrated by law. Where it is intended that the menu may carry a generic communication about the possible contamination of all foods served with any allergen. Therefore, inviting allergy sufferers and those with celiac disease to contact the staff for more information, i.e., to share sensitive data pertaining to their own or their loved ones’ health with unknown (!).
Controls on allergen indication cannot be separated from an assessment of the suitability of facilities, installations and equipment. Self-control plans (good hygiene practices, Haccp) should then be evaluated, and staff training should be checked. Where appropriate, perform sampling and analysis. Activities proper to the Health and Veterinary Services.
Dario Dongo
Notes
(1) For example, delicatessen products, canned fish and vegetables, olives. Even when from large-format packages and subsequently portioned at the point of sale
(2) Without prejudice to any limits imposed by the specifications of individual PDO and PGI productions.
(3) In cases of direct supply to communities, the news may alternatively be reported on a commercial document, including in telematic mode
(4) See paragraph B of Art.
(5) For fresh pasta, reference is made to Presidential Decree 187/2001.
(6) See reg. EU 1169/11, Annex VI, point 2
(7) The ‘single cartel’ referred to in Ministerial Decree 20.12.94 dates back to the geological era before allergic consumer protection (initiated by Directive 2003/89/EC). His zombie resurfaces now, years after burial
(8) See reg. EC 178/02, Article 14
(9) E.g., caffeine and quinine, glycyrrhizinic acid, polyols, phenylalanine sources, phytosterols phytostanols and their esters. V. reg. EU 1169/11, Annex III
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.