Durum wheat pasta, and more. Gluten-free grains, such as rice and corn, are joined by ancient grains now in the limelight and various others (e.g., barley, oats, soft wheat). So are legumes, even better if they are Italian. ABCs in etiquette.
Durum wheat semolina, egg and specialty pastas. Denominations in Italy
Presidential Decree 187/2001 regulates the production and sale on the domestic market of a number of food products. (1) Wheat flours (whole wheat and type 2, 1, 0, 00), durum wheat flours (semolina, semolina, whole wheat, flour). And some pastas (wheat semolina, durum wheat semolina, special pasta, egg pasta, fresh and stabilized pasta). The production and composition requirements, as well as the characteristics that each of these products must meet in order to use the aforementioned designations, are defined. (2)
Moreover, the measure in question does not appear to have ever – in the two decades that have now passed – undergone the required notification to the European Commission. (3) And is therefore ineffective, according to established case law of the EU Court of Justice. Its rules-in the only parts where the characteristics of foods associated with the various designations are defined-are therefore relevant by way of ‘custom and usage.’ (4)
‘Pasta from… (different grains and/or legumes)‘
Any reference to the generic term ‘pasta’ is to be understood as permissible without preclusion, in light of the above, subject to:
– comply with the process and product requirements associated with only those types of pasta whose names are specified in Presidential Decree 187/01,
– To inform the consumer with unambiguous clarity as to the raw material used in each different paste (e.g., the rice, corn, spelt, buckwheat, lentils, chickpeas, etc.),
– Specify the QUID of the characteristic ingredient if it is not exclusive.
‘Gastronomic specialty’
‘Gastronomic specialty’
is the descriptive name that can be used to exclude the risk of misleading the consumer about the essential characteristics of products that are only in appearance similar. (5) The use of this designation is useful, in particular, in cases of:
– Pastes made (in whole or in part) from common wheat. According to local traditions in some regions of northern Italy, where soft wheat was the only wheat available,
– Compound products, with innovative and otherwise distinctive ingredients (e.g. egg white, wheat gluten, dietary fiber from various sources, seaweed, etc.).
Transparent labels
Both the designations ‘paste made from… (cereal(s) and/or legume(s))’ and ‘gastronomic specialty‘ qualify, in the hierarchy of food names indicated by the Food Information Regulation, as descriptive designations.
A descriptive name is one ‘thatdescribes the food and, if necessary, its use and is sufficiently clear for consumers to determine its true nature and distinguish it from other products with which it might be confused.’ (6)
Therefore, it is essential to specify the special characteristics of the product. Next to the name, but also in the main visual field of the label and in advertising, as appropriate, for the specific purpose of preventing any possible consumer confusion about the product offered for sale.
Dario Dongo
Notes
(1) Presidential Decree 9.2.01, no. 187 (as amended by Law 1.3.02, No. 39). Regulations for the revision of the regulations on the production and marketing of flour and pasta products
(2) With regard to dry pasta, in particular, the moisture, ash, protein and acidity contents are considered
(3) Under dir. 98/34/EC as amended (most recently, EU dir. 2015/1535). The Constitutional Court, in turn, clarified the right of food business operators to manufacture and sell different ‘pastas’ in Italy as well (ruling 443/1997)
(4) Uses and customs, while qualifying as secondary sources of law, are indeed relevant to the naming of food. See previous article https://www.greatitalianfoodtrade.it/etichette/denominazione-dell-alimento
(5) The Ministry of Agriculture, Food and Forestry has in turn used ‘gastronomic specialty’ to designate some particular pastas (e.g. Maccheroncini di Campofilone, provv. MiPAAF 18.11.13)
(6) See reg. EU 1169/11, Articles 17 and 2.2.p.
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
