The ‘establishment headquarters’ decree finally came into effect, on October 22, 2017. (1) In anticipation of the 180 days to adapt labels to the new regulations, it is useful to clarify their application on foreign products marketed in Italy.
Food made in Italy and/or packaged in Italy
The requirement to cite the location of the establishment on the label applies first and foremost to food produced and/or packaged in Italy. Namely:
– to Made in Italy foods, which are understood to be made in Italy when their last substantial processing has taken place in our territory. Even in the case of using ingredients of foreign origin or provenance, and without prejudice to information requirements in this regard. Be they provided by general (2) or specific regulations,
– to foods packaged in Italy, even if they are manufactured in other countries, European or otherwise. With the additional obligation in that case to specify the country of origin if its omission could mislead the consumer in this regard. Taking into account the nature of the product and its mode of presentation, including the brand name used.
Algida ice cream made in Turkey, for example, must still be marked Made in Turkey. (3) Because the Italian consumer associates that brand (4) – like those of Buitoni, Perugina, Bertolli and various others – with the Bel Paese. And when this does not match the truth, it must be made clear. (5)
Food Made in Europe
In contrast, the location of the establishment is not prescribed on the packaging of products made in other EU member states and the widerEuropean Free Trade Association (EFTA) area. Which includes the European Economic Area-Iceland, Liechtenstein and Norway-and Switzerland.
Nor does it apply to foodstuffs arriving from Turkey, which are excluded from the scope of this as well as several other Italian regulations. (6)
Non-EU food products
The mutual recognition clause was granted to European (EFTA area) and Turkish goods only. Which, in compliance with the labeling rules set forth in EU Regulation 1169/11(Food Information to Consumers), can freely circulate in our country, as in the entire Internal Market. Without the need to report news of the plant location.
Conversely, any pre-packed food that comes from outside Europe, when marketed in our territory, will shortly have to show the location of the establishment on the label. This is a major innovation, with respect to which importers of not only ethnic but also southern Mediterranean foods will have to adapt as soon as possible.
Dario Dongo
Notes
(1) Cf. d.lgs. 145/17, in OJ General Series 235, 7.10.17, at http://www.gazzettaufficiale.it/eli/id/2017/10/07/17G00158/sg
(2) Awaiting, among other things, the European Commission to define how to indicate the primary ingredient of different origin. V. http://www. foodagriculturerequirements.com/category/notizie/’made-in”-of-the-primary-ingredient-new-regulatory-scheme
(3) SEE http://www.hurriyetdailynews.com/unilever-to-open-ice-cream-plant-22320
(4) SEE https://m.ilmattino.it/napoli/articolo-2036046.html
(5) Even if a multinational company decides to package the product in Italy through its on-site subsidiary, it certainly cannot fail in its duties of transparency in consumer information. Cf. reg. EU 1169/11, Articles 7 (Fair information practices) and 26.2
(6) Cf. d.lgs. 145/17, Article 7
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
