Spanish almonds – of less than half the value of Sicilian delicacies – passed off as ‘d’Avola’. The Consorzio di Tutela della Mandorla di Avola (Avola Almond Protection Consortium) reports suspected fraud by Eurospin on ‘Le Nostre Stelle‘ brand products to ICQRF on 13.2.20. From the stars to the stables?
‘Our Stars‘, fake almonds from Eurospin?
Following reports from some consumers, the Consorzio di Tutela della Mandorla di Avola (Avola Almond Protection Consortium) has launched investigations into the 100-gram packages of ‘Avola almonds‘ marketed by Eurospin under its MDD (Marca Del Distributore) ‘Le Nostre Stelle‘. Some samples were purchased both in the Veneto region-where the Italian discount store giant is based-and in Sicily, the island of the prized nuts.
Visual and organoleptic examinations already make it possible to distinguish at a glance and taste-the Pizzuta, Fascionello or Romana cultivars that characterize the production of the authentic and only ‘Almond of Avola,’ according to the Consortium for Protection. In the meantime, the samples were forwarded to the University of Catania, for confirmation of the discrepancy between what was promised and what was sold, by DNA analysis. (1)
Trade fraud, Eurospin in trouble
The crime of trade fraud, punishable under Articles 515 et seq. of the Criminal Code, is carried out by selling products that are different-and of lower value-than those promised. The so-called aliud pro alio, just as it happens in the case of selling a Hispanic Spanish almond as a sicula. The difference in value is significant, moreover, both from a commercial point of view (5-6€/kg the Spanish product, 10-12€/kg minimum the Sicilian one) and from the point of view of perceived value.
The fraud under consideration, if confirmed by the investigating authority, would be particularly obnoxious. Both because of the significant disvalue of the product sold compared to that promised, and because it concerns an extraordinarily successful discount store chain with 1,150 outlets throughout the country. And the competent Public Prosecutor’s Office – in charging the crime of fraud against the legal representative and/or persons to whom he has delegated purchasing management powers – could not escape invoking the administrative liability of Eurospin Italia S.p.A., pursuant to Leg. 231/01.
The Italian discount store leader thus exposes himself to the risk of serious direct and indirect harm from wrongdoing that a couple of bad apples within his organization may have committed. Damage that the co-responsible supplier, Mocerino S.r.l. of Somma Vesuviana (NA), is unlikely to be able or will be able to compensate. In situations like these, it is easy to assume that private bribery, another crime now prosecutable ex officio (under Law 9.1.19, No. 3), is at the root of the trouble. Not being able to believe that the minimum shrewdness of verifying the records of product traceability could have ‘escaped’ those in charge, before boasting the origin of the product on their own label.
GDO, governance of procurement processes
Governance of procurement processes is a crucial and critical element, in large-scale retail more than in any other industry. Especially when dealing with private label products, where legal liability is as primary as the risk of reputational damage. ‘Control committees’-although established for the specific purpose of obtaining indemnity from the administrative liability of entities, pursuant to Leg. 231/01-they are, moreover, incapable of fulfilling their functions and the goal of indemnity precisely because they are far removed from operational reality.
Instead, procurement procedures should be subjected to an internal supervisory system-perhaps even with the help of qualified outside consultants-that effectively involves the quality department, for documentary and technical analysis of goods in relation to their commercial fate. Not to mention the criteria offered by the ISO 22380:2018 standard for security of supply and fraud prevention.
Blockchain technology can be useful in this regard in two respects:
– Guaranteed traceability of material flows of goods, with geolocation of production areas,
– ‘digital notarization’, on an incorruptible and unchangeable register, of who selected the suppliers and validated the relevant data.
Avola almond, how to recognize it?
The Consorzio di Tutela ‘Almond of Avola’ trademark is the first identifying mark to be checked on the label. This is a collective trademark, the use of which is reserved exclusively for operators who comply with the specification and obtain a concession for its use, after appropriate verification, from the Consortium. The Avola almond is listed in the Register of Traditional Agri-food Products (PAT), in the section of the Region of Sicily reserved for plant products in their natural or processed state.
The production area is located in southeastern Sicily, between the provinces of Syracuse and Ragusa. In the municipalities of Avola, Noto, Syracuse, Rosolini, Canicattini Bagni, Floridia, Solarino, Priolo, Melilli, Ispica, Modica, and Chiaramonte Gulfi. The cultivars, according to tradition, are ‘Pizzuta d’Avola’, ‘Fascionello’ and ‘Corrente d’Avola’ (or ‘Romana’). Copresence of the three cultivars, in almond groves, is indeed necessary for mutual pollination. To dispel any doubts about the authenticity of the products on offer in the market, simply write to the Secretary General of the Consortium, Dr. Corrado Bellia (email consorziomandorla@gmail.com).
Dario Dongo
Notes
(1) The Faculty of Agriculture of the University of Catania has carried out genomic characterization of more than 130 types of almonds. And it is thus able to offer scientific support to the investigations of the Consorzio di Tutela della Mandorla di Avola, as already happened in the case of a recent fraud on sugared almonds by a large company in the sector.
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
