The d.lgs. 231/17
, effective March 9, 2018, assigns precise responsibilities to the
GDO
– on MDD products, as on IDM products (1) – regarding the compliance of the
labels
groceries. Added to this are consumer information duties on
bulk foods
e
prewrapped
, as well as on foods offered by
communities
.
Bulk and prewrapped foods, foods offered by communities. The responsible parties
Both large-scale retail and traditional distribution, as well as artisanal workshops and public establishments (e.g., the cafes, ice cream and pastry shops, bakeries and pizzerias, take-aways and diners, etc.) are responsible for providing consumers with accurate information about the nature, composition and characteristics of the food
Information duties apply to individual products offered for sale in bulk (e.g., ice cream, sandwiches, sandwiches and other foods to be eaten outside, bakery and pastry products), as well as to administered foods (e.g., pizzas, hot sandwiches, hot and cold meals to be eaten on the premises).
Therefore, all the aforementioned operators must adopt concrete and suitable solutions to ensure that the information prescribed by Reg. EU 1169/11 in relation to individual foods. For needs that primarily pertain to the protection of public health. (2)
Bulk and prewrapped foods, foods offered by communities. What news?
‘
A single sign or a special register
or other equivalent system, including digital‘ – kept prominently displayed near the display counters – may alternatively be used to display the mandatory information referred to below. Provided, it should be noted, that allergens are referred to individual products.
Food name
,
Ingredient list
,
Allergenic ingredients
,
- Storage arrangements for rapidly perishable food products,
- Expiration date for fresh pasta and fresh pasta with filling,
- Actual alcoholic strength by volume for beverages with alcohol content greater than 1.2 percent by volume,
- Percentage of glazing (tare) of frozen glazed products,
- Designation ‘thawed’ in the cases provided. (3)
This is without prejudice to the additional mandatory indications prescribed for non-prepacked products. (4) And the requirements, if any, set forth in the product specifications for PDO and PGI products.
For beverages sold by tapping, the sign may be applied directly on or beside the facility.
Non-prepackaged drinking water served by communities must bear the sales designations ‘treated drinking water‘ or ‘treated and carbonated drinking water‘ (where carbon dioxide is added), where applicable.
Confectionery and bakery products sold by the piece or in bulk, ‘generally intended for consumption immediately after purchase,’ although originally pre-packaged, may carry the mandatory information on the sign or container only, provided it is easily visible and legible.
NB: The indication on the presence of allergenic ingredients in public establishments must always be provided in writing – in Italian language and easy to read – ‘so that it canbe traced back to each food, before the same is served to the final consumer by the communities‘. Through 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 news must also appear on readily available paper records. (5)
‘Thawed‘, obligation of written information by communities. Public establishments, as well as the operators of canteens and catering Are alsoobliged to inform patrons when the food is thawed. (6)
Bulk and prewrapped foods,
foods offered by communities.
Sanctions
Failure to indicate allergenic ingredients in individual products is punishable by a penalty of €3,000 to €24,000, ‘unless the act constitutes a crime.’
On the other hand, the indication of allergens in a manner that differs from those established by the Ministry of Health in Circular 6.2.15 (7) will result in a penalty of €1,000 to €8,000. Penalty that is halved in case of formal errors only. (8)
Dario Dongo
Notes
(1) Distributor brand name (MDD), or private label, and Industry brand name (IDM)
(2) With special attention to the vulnerabilities of consumers with
food allergies
and intolerances, such as
celiac disease
. In addition to other health-related news. See the section ‘
food safety
and consumer information
‘, in Article
https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/
(3) See d.lgs. 231/17, Article 19
(4) Particularly noteworthy are the reports that must accompany the sale of fruit and vegetables in bulk. See the article https://www.foodagriculturerequirements.com/notizie/ortofrutta-origine-e-altre-informazioni-obbligatorie/
(5) Therefore, it is not sufficient to indicate on the register or menu to ‘
refer, in case of allergies, to the staff
‘. Nor does it merely list the full list of allergenic ingredients provided in Annex II of Reg. EU 1169/11. See the article https://www.foodagriculturerequirements.com/notizie/europa-allergeni-nei-pubblici-esercizi-il-memento-del-min-sal/
(6) Note in this regard the distinction between thawed fish and fish products subject to heat killing
https://www.greatitalianfoodtrade.it/idee/pesce-abbattuto-o-congelato
(7) See article cited in footnote 5
(8) Cf. d.lgs. 231/17, Article 23
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
