Consumer

Reg. EU 2018/775, MiSE admits disposal of non-compliant labels

April 23, 2020

The Ministry of Economic Development (MiSE), in circular 23.4.20, recognizes that food operators are allowed to use labels and packaging that do not comply with reg. EU 2018/775.

Instead, they forget to consider the difficulties of finding food packaging in other sectors, which are still forced to package products-such as flour and mozzarella-that could be sold in bulk or pre-wrapped. While fresh milk, for 16 years now, has continued to be unjustifiably wasted.

Table of Contents

Covid-19 and food packaging

The Covid-19 emergency caused food packaging supply problems. Although the lockdown has not been applied to activities related to the agribusiness supply chain, some of them have experienced obstacles and delays. Especially imports and transport of packaging raw materials, which in fact tend to be in short supply.

Representations of food companies and industries, in Europe as well as in Italy, have therefore pointed out the difficulties in ensuring compliance with the primary ingredient origin labeling requirements of Regulation (EU) No. 2018/775.

The European Commission ‘therefore asked member states to consider whether they or the Commission itself should take measures to temporarily defer the application of certain labeling requirements, including those in EU Regulation No. 2018/775 on primary ingredient claims.’ (1)

Disposal of non-compliant labels, Mi.S.E. circular 23.4.20

The Ministry of Economic Development, in its circular 23.4.20, acknowledges the slowdown in the supply of packaging to food companies, which evidently cannot wait for new deliveries to supply their products.

It is therefore permitted to dispose of, by 31.12.20, ‘of the stocks of packaging and labels that result in the availability of companies as a result of contracts concluded before April 1, the date of application of Union Regulation No. 2018/775‘. (1)

The ministry also refers flexibility to ‘Date of publication of the decrees extending the national decrees on the compulsory indication on the label of the origin of wheat in pasta, rice, tomato and milk, currently being adopted.’ Although the latter decrees, published on 3/30/20, are devoid of any legal effect. Since issued-as noted above -in blatant violation of EU rules on prior notification of national technical regulations.

Neglected needs

Well would the MiSE-given the difficulties in sourcing materials for food packaging-repeal (or at least introduce an exemption of equal length, for) the regulations that provide for bans on selling in bulk. We refer specifically to:

– flours and flour, (2)

– fresh string cheese. (3)

The sale of bulk food, moreover, meets those needs to reduce the environmental impact of packaging that motivated special incentives, in the so-called climate decree. (4) In line with, among other things, the EU Farm to Fork strategy.

The forced expiration of fresh milk – itself imposed, only in Italy, by an illegitimate and ineffective measure because it was never notified (as it should have been) to Brussels – should in turn be formally repealed. (5) To put an end to the resulting unjustified food waste at a critical time in history for the country’s economy and its families.

Dario Dongo and Martina Novelli

Notes

(1) Ministry of Economic Development. Circular 23.4.20. Temporary business support measures for the current phase of health emergency from COVID-19 with reference to new food labeling requirements. https://www.mise.gov.it/images/stories/documenti/circolare_23aprile2020.pdf

(2) Presidential Decree 9.2.01 No. 187, as amended, Article 1. ‘Flour must be put up for sale in pre-packages closed at origin’

(3) Legislative Decree. 109/92, Article 23. The decree in question, it should be noted, was formally repealed by the subsequent Legislative Decree. 231/17. See previous articles https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/mozzarella-sfusa-post-231-risponde-l-avvocato-dario-dongo, https://www.greatitalianfoodtrade.it/etichette/d-lgs-231-17-abrogazioni-incerte

(4) DL 14.10.19 no. 111, Article 7. V. https://www.greatitalianfoodtrade.it/mercati/decreto-clima-incentivi-alla-vendita-di-prodotti-sfusi-e-alla-spina

(5) Law 3.8.04, no. 204. V. https://www.greatitalianfoodtrade.it/consum-attori/sprechi-alimentari-la-nostra-battaglia-sul-latte-fresco