The Italian legislature passed Law 30/2022, with the stated goal of enhancing Small Local Productions (PPL) in the agricultural, beekeeping, fish and food sectors.
PPL should be distinguished through a special logo and benefit from undefined ‘simplified procedures‘ under equally undefined conditions. (1)
However, the legal departments of the ministries involved, such as those of the House and Senate, overlooked the assumptions of EU law. Armata Brancaleone strikes again.
Small Local Productions. Four principles
‘Small Local Productions’ (PPL) consist of agricultural raw materials and processed products of animal or plant origin, as long as they are produced in ‘limited quantities‘. And they should abide by four principles:
1) wholesomeness. Nothing new on the Western front, food placed on the single market must be safe. As prescribed by the General Food Law (EC Reg. 178/02, Article 14) and the Hygiene Package, (2)
2) Location. PPL are derived exclusively from the ‘own primary production‘ of ‘agricultural and fish entrepreneurs‘ and come to be marketed ‘locally’,
3) limitedness. It is intended to limit the ‘ability to produce and market only small quantities of food, in absolute terms.’
4) specificity. Additional limits, to be defined by MiPAAF decree, will restrict the ability to produce and market small local productions ‘exclusively‘ to certain ‘types of products‘ (Law 30/2022, Article 1).
‘Blank’ law
The ‘blank’ parliamentary law delegates the MiPAAF-in consultation with the Ministry of Health, after collecting the opinion of the State-Regions Conference-to adopt a decree within three months of the entry into force of Law 30/2022 (which took place on 4/23/22). Or rather a regulation, where to lay out the criteria and guidelines that regions and autonomous provinces should follow to define:
– the ‘PPL basket‘, that is, the list of ‘types of products‘ from Small Local Productions, their ‘absolute quantitative limits‘ and how to update them,
– The modalities for admission to ‘simplified procedures‘ for PPL products,
– The measures to be applied and the sanitary-hygienic controls to be carried out on PPL products. So much for the primary competence of the Ministry of Health (3,4),
– The modalities for the use of PPL labeling and logo, and related controls.
MiPAAF, Regions and Autonomous Provinces
MIPAAF should dedicate a dedicated section of its institutional website to relevant information on PPL products and promote their enhancement (Law 30/2022, Article 8).
Provisions already adopted by regions and autonomous provinces on products from Small Local Productions, as long as they do not conflict with the future regulation, may still be adopted.
It is also, of course, without prejudice to the protection regimes established at the EU level. Namely, Geographical Indications (PDO, PGI, TSG, as well as DOC, DOCG, IGT for wines, flavored wines and wine products), organic products, fresh and processed fruits and vegetables, and spirits.
Small local productions and marketing
Farmers, beekeepers and fish farmers are the recipients of this law and are required to carry out their PPLs exclusively on land belonging to the farm (leased, owned or otherwise) used to produce food for human consumption. PPL must come only for immediate consumption and direct sale to the final consumer in the province where the production site is located and in neighboring provinces.
Agritourism can also use PPL products from other farms as long as the geographical origin requirements are met. In case they wish to make products from the ‘PPL basket‘, they must still comply with the stipulated production requirements.
Technical and vocational colleges (agricultural and hotel and restaurant) can make and market these kinds of products. Proceeds must be directed to financing educational and institute expenses (Law 30/2022, Article 2).
Labeling and logo
The labeling should clearly and legibly state ‘PPL – Small Local Productions‘ followed by the name of the municipality or province of production and the registration number of the activity issued by the ASL. In addition to the general labeling requirements (reg. EU 1169/2011, d.lgs. 231/2017 and those under other EU regulations (Law 30/2022, Article 3).
The PPL logo – to be implemented through ‘ideas competition’ announced by MiPAAF within 180 days – will have to be displayed in direct sales places, markets, commercial and catering establishments, dedicated exhibition spaces, and online sales platforms. The MIPAAF regulation will define the conditions and modalities for logo attribution, verification and attestation of provenance, traceability fulfillments, and consumer information modalities (Law 30/2022, Article 3).
Immediate consumption and direct sales
The immediate consumption and direct sale of products from may take place, provided that the marketing and selling activities are carried out by the producing entrepreneur, always in the province where the farm resides or in neighboring provinces:
– at their farm and functionally related sales establishments (including alpine pasture),
– In markets, fairs and other events or demonstrations. With the possibility of reserving dedicated locations in local markets established by municipalities,
– in local retail or food service establishments that directly supply consumers (Law 30/2022, Article 5).
Sanitation requirements
Operators must comply with the hygiene requirements of reg. EC 852/2004 (so-called Hygiene 1). Within 6 months of the law’s entry into force, regions and autonomous provinces could establish ‘simplified structural requirements for premises used for the processing, production and sale of PPL products, including for the purpose of preserving their territorial characteristics and traditions.’
Animal products made from meat of animals from the farm must be obtained from animals regularly slaughtered in a slaughterhouse registered or approved under reg. EC no. 853/2004 located in the same province as the farm or conterminous provinces. Exceptions provided for in the same regulation (Law 30/2022, Article 7) are excepted.
Controls and administrative penalties
Public inspections are attributed to the ICQRF, ASLs, for veterinary and food aspects, for preventive farm inspections and verification of the necessary requirements (e.g., production and sales methods, logo use and labeling) and, if necessary, by the local police, pursuant to Leg. 231/2017.
ICQRF is the competent authority to impose administrative penalties for the improper use of PPL label and logo. 1,600 to 9,500, unless the act constitutes a crime, with suspension of the logo use license for a period of 1-3 months and revocation in case of repeated violation.
Law unenforceable, as well as useless
Law 30/2022 is worth waste paper, since it is a national technical standard related to the production and sale of goods that has not been notified to the European Commission. As it should be, under EU dir. 2015/1535. And is therefore inapplicable, according to established case law of the European Court of Justice (ECJ).
And it is an unnecessary as well as illegitimate law. Instead, stakeholders have been calling for more than a dozen years for a peasant agriculture law to promote agroecology and short supply chain values. To reduce the fiscal and bureaucratic burdens of activities marked by solidarity and ecosystem restoration (5,6).
Interim conclusions
The Armata Brancaleone strikes again and Pantalone pays – as always – for the misdeeds of the amateurs on the take, in politics devoid of governance and the top echelons of public administration.
There is no need to recall the hundreds of precedents. It is time, rather, to send everyone home. Let them do PPL within the walls of their homes instead of doing more damage in this poor Italy.
Dario Dongo
Notes
(1) Law 1.4.22, no. 30. Rules for the enhancement of small-scale agri-food production of local origin. https://www.gazzettaufficiale.it/eli/id/2022/04/22/22G00040/SG
(2) Dario Dongo. Reg. EU 2021/382. Allergen management, safety culture, food redistribution. GIFT (Great Italian Food Trade). 9.3.21, https://www.greatitalianfoodtrade.it/sicurezza/reg-ue-2081-382-cultura-della-sicurezza-redistribuzione-alimenti-gestione-allergeni/
(3) Dario Dongo, Amaranta Traversa, Sarah Lanzilli, Claudio Biglia. Official controls, d .lgs. 27/21. Implementation of EU reg. 2017/625. GIFT(Great Italian Food Trade). 14.3.21, https://www.greatitalianfoodtrade.it/sicurezza/controlli-ufficiali-d-lgs-27-21-attuazione-del-reg-ue-2017-625
(4) Dario Dongo, Andrea Sodero. Official checks. Law 71/2021, converting DL 42/2021, and warning of operators. GIFT (Great Italian Food Trade). 5/22/21, https://www.greatitalianfoodtrade.it/sicurezza/controlli-ufficiali-legge-71-2021-di-conversione-del-dl-42-2021-e-diffida-degli-operatori
(5) Dario Dongo, Giulia Caddeo. People’s campaign for peasant agriculture, waiting for the law. GIFT(Great Italian Food Trade). 6.6.19, https://www.greatitalianfoodtrade.it/idee/campagna-popolare-per-l-agricoltura-contadina-in-attesa-della-legge
(6) Dario Dongo. Short supply chain, concepts and values. GIFT(Great Italian Food Trade). 9/27/19, https://www.greatitalianfoodtrade.it/etichette/filiera-corta-concetti-e-valori
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
