Official public controls on the agrifood supply chain have been subject, since as far back as 2004 now, to common principles that apply in the 27 EU member states, including Italy. (1) In Reggio Calabria, on the other hand, municipal police unleash the Wild West.
Wild West in Reggio Calabria
The Covid-19 emergency has put many people off. Even in regions where the new coronavirus has hardly even been seen, such as Calabria. Indeed, the local press – approdonews.it, reggiotoday.it, strill.it and tempostretto.it – has reported in recent months on the Far West unleashed by the Reggio Calabria Municipal Police at a number of stores and street food vendors.
Bread and fruit galore appear to have been seized and in some cases donated to charities, apparently by order of the ‘competent’ city manager. Following suitability assessments of their state of preservation, by the traffic police–or by a city manager? The situation in Reggio is not as clear as the rules to be applied, in Italy and in Europe. Stars and uniform are not enough.
Official public controls on the agribusiness chain, the competent authorities
The so-called Hygiene Package-EC Regulations 852, 853, 854/04 et seq.-introduced a structural and organic reform of regulations to guard food safety. (2) The first regulation on official public controls, reg. 882/04, established a requirement for member states to identify the authority responsible for their coordination at the national level. Various tasks are incumbent on authority, including:
– The planning on a three-year basis of the controls to be carried out on the agribusiness chain in the member country,
– Annual reporting of all inspections carried out in the country,
– interaction with the European Commission and corresponding authorities in other member states, as part of the EU Risk Management Network. (2)
The Italian Republic followed up on the aforementioned commitments by affirming the primary competence – for the matters under consideration – of the Ministry of Health, the Regions and the Autonomous Provinces of Trento and Bolzano. As well as Local Health Authorities, ASLs, in their respective areas of responsibility. (3)
Official controls, the role of the ASL
Prevention Departments-operational facilities of local health units-perform the functions of collective prevention and public health. With duties to provide:
(a) prophylaxis of infectious and parasitic diseases,
(b) protection of the community from health risks of living environments, including the health effects of environmental pollutants,
(c) Protection of the community and individuals from accident and health risks related to work environments,
(d) veterinary public health. This in turn includes epidemiological surveillance of animal populations and prophylaxis of infectious and parasitic diseases, veterinary pharmacovigilance, hygiene of livestock production, ‘
Sanitary protection of food of animal origin,
(e) food sanitation protection,
(f) nutrition surveillance and prevention.
‘. (4)
Food safety, risk analysis and ‘appropriate measures’
The General Food Law-in defining the safety requirements for foods-emphasizes the need to proceed to the concrete analysis of the risks that their consumption may pose to public health. Physical, chemical and microbiological hazards, the assessment of which is always the responsibility of health authorities. Even when the state of food storage may appear unsuitable and even in cases of holding expired food.
The new regulation on official public controls (reg. EU 2017/625), which is fully applicable from 14.12.20, reiterates the duty of member states to designate a single authority responsible for coordinating official public controls. It introduces the notion of hazard, extends the definition of risk and specifies the‘https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/’to be taken by the competent (health) authority in cases of established non-compliance. (6)
Conclusions
The Italian state-even following the reform of Title V of the Constitution-retains exclusive jurisdiction over general and common provisions pertaining to food safety. These competencies are confirmed in the European regulations mentioned above. Which, in the hierarchy of sources of law, rank higher than constitutional norms themselves.
Neither the Region of Calabria, nor the Municipality of Reggio Calabria, is entitled to extend municipal police powers to food safety inspections. And in any case-when even inspectors, officers and agents of the municipal police order the seizure of foodstuffs as a result of the establishment of offenses of a different nature (e.g., irregularities in administrative permits, occupation of public land)-neither their Corps (or Service) nor the municipality has any competence to assess the suitability for consumption of the seized foodstuffs with a view to their possible destination to charitable organizations.
The Wild West can cost dearly not only to the administered, but especially to the recipients of food that could be harmful to the charities’ own beneficiaries. To cite a couple of examples, in cases of microbiological contamination (with pathogenic bacteria) or physical contamination (with undeclared allergenic ingredients). With food safety, you really don’t mess around.
Dario Dongo
Notes
(1) Reg. EC 882/04, repealed by the subsequent reg. EU 2017/625, of the European Parliament and of the Council, 15.3.17. Relating to official controls and other official activities carried out to ensure the enforcement of food and feed law, animal health and welfare, plant health and plant protection products. Testo consolidato su https://eur-lex.europa.eu/legal-content/IT/TXT/?qid=1591722095963&uri=CELEX:02017R0625-20191214
(2) For further discussion, see the free ebook ‘
Food safety, mandatory rules and voluntary standards
‘, at https://www.greatitalianfoodtrade.it/libri/sicurezza-alimentare-regole-cogenti-e-norme-volontarie-il-nuovo-libro-di-dario-dongo
(3) Legislative Decree. 193/07 as amended. Implementation of Directive 2004/41/EC on food safety controls and implementation of EU regulations in the same area. See Article 2
(4) Legislative Decree. 30.12.92, n. 502. Reorganization of the health care discipline. Art. 7-ter
(5) Reg. EC 178/2002, laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in the field of food safety. See Article 14
(6) Reg. EU 2017/625, Article 138
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
