The interministerial decree requiring origin labeling of pork used in meat preparations and products comes into effect on 16.11.20. After nearly a year of gestation-just under the life span of a planned obsolescence measure-we are getting ready to implement the new standards (1,2). But behind the proclamations of transparency on the label there is also a big catch. Details to follow.
Origin of pork, decree in order
The decree signed by Teresa Bellanova, Stefano Patuanelli and Roberto Speranza, for once finally, was adopted in accordance with the Food Information Regulation (EU reg. 1169/11). In fact, the Italian government made the ritual notification of its draft to Brussels and waited for its green light before submitting it to the ministers for signature. As it has indeed happened, in the European Commission’s silent consent.
The government has also produced the requirements of Reg. (EU) 1169/11 for the introduction of national supplementary rules to EU law on origin labeling on certain categories of food products:
– report by ISMEA (Institute of Agricultural Food Market Services), June 2019, ‘in which the link between the quality of pork food and its Italian origin is demonstrated‘,
– ISMEA survey of Italian consumers, conducted between December 2018 and January 2019, ‘where it emerges that 83% of respondents indicate the use of the Italian ingredient as the priority element to be considered when choosing a food product and that more than 95% of respondents require the clear and legible indication of the origin of the raw material on the label‘ (DM 6.8.20, Considering).
Scope, programmed asymmetries
Mandatory origin labeling of pork applies to:
– Fresh, frozen, and deep-frozen meats,
– meat preparations (e.g., hamburgers and breaded meats, roasts, fresh sausages, and other preparations with salt, spices, flavorings, antioxidant preservatives, and other ingredients),
– Meat products (e.g. hams and cold cuts, marinated meats).
Excluded, however, are PGI (Protected Geographical Indication) products, ‘Pursuant to reg. EU 1151/2012 and 1308/2013‘, as well as those with names or indications ‘protected under international agreements‘ (Article 2).
The uncertain origins
The trade secret on the origins of many PGI products is not even scratched by this decree. Thus, the origins of Ariccia porchetta, Cotechino and Zampone from Modena, Mortadella from Bolognaand Mortadellafrom Prato, Coppa from Parma remain uncertain-though predictable, ‘EU’. As well as those of Amatrice, Norcia and Sauris hams, Cremona, Felino and Piedmontese salami, Alto Adige speck, Ferrara salama da sugo, and Colonnata lard.
Reg. EU 2018/775 moreover, it can also find application on such products. Indeed, the European Commission has clarified the duty to specify the different origin and/or provenance of the primary ingredient, on PGI products, whenever geographical references other than those contained in the registered name are displayed on the label. (3) Including, as noted above, the location of the manufacturing or packaging plant.
Origin labeling of pork, methods
‘The indication of the place of origin of pork shall be placed on the label in the principal field of vision‘, in compliance with the criteria for legibility of mandatory information prescribed by Reg. EU 1169/11 (art. 3. See footnote 4).
The place of origin of meat–on the label of products covered by the DM 6.8.20–must be indicated with the following information:
“Country of birth: (name of the country of birth of the animals).” Also on fresh meat, in addition to the information (on the countries of rearing and slaughter) already prescribed, as of 1.1.15, in Reg. EU 1337/13,
“Country of rearing: (name of the country where the animals were reared).”
“Country of slaughter: (name of the country where the animals were slaughtered).”
‘When the meat comesfrompigs born, raised and slaughtered in the same country‘ – as an alternative to the above triad of news (Country of birth, raising, slaughtering) – the words “Origin: (country name)” can be used. The term “100% Italian” can be used when the conditions provided for the use of the term “Origin Italy” are met. That is, only in the event that all the meat comes exclusively from pigs born, raised, slaughtered and processed in Italy.
Green light for pork origins, but with reduced transparency
The national standard then provides for the possibility of masking the origin of meat, behind the “Origin: EU” and “Origin: non-EU” screens. With a substantial difference from the provisions of Reg. 1337/13:
– The European regulation permits the use of the words ‘Origin: EU, as well as the words ‘Raised and slaughtered in: EU,” only ‘where minced meat or trimmings are produced exclusively from meat obtained from animals born, raised and slaughtered in more than one member state,’ (5)
– The Italian decree, on the other hand, extends the possibility of using the wording “Origin: EU” to the case where the meat comes from pigs born, raised and slaughtered in only one EU member state (Article 4). (6)
The effect of this variant is to allow scoundrels to disguise the origin of meats whose (actual and) perceived value to consumers is low. Who will be able to report ‘EU’ instead of declaring that the meat comes from, for example, Germany, the Netherlands, Poland. Countries known for mass production and poor quality, incomparable to Italy, Spain and France.
Checks and penalties
‘Unless the act constitutes a crime, for violations of the provisions on the mandatory indication of provenance provided for in this decree and the implementing decrees, the following shall apply
The penalties stipulated in Legislative Decree Dec. 15, 2017, no. 231′. (6)
The Consumer Code remains applicable in any case, as shared above. The Competition and Market Authority (AGCM, a.k.a. Antitrust Authority) therefore has the power to investigate and sanction labels that, due to the communication methods adopted, may otherwise be misleading to consumers.
Entry into force and transition period
DM 6.8.20 applies ‘on an experimental basis’, and yet binding, from 16.11.20 until 31.12.21. Products labeled before 16.11.20 ‘may be marketed until stocks are exhausted or, in any case, within the shelf life specified on the label‘ (Art. 7).
Dario Dongo
Notes
(1) DM 6.8.20. Provisions for mandatory indication of place of origin in the labeling of processed pork. In OJ General Series 16.9.20 no. 230, https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2020-09-16&atto.codiceRedazionale=20A04874&elenco30giorni=true
(2) Pork origin, decree coming soon. GIFT (Great Italian Food Trade). 12/24/19, https://www.greatitalianfoodtrade.it/etichette/origine-carni-suine-decreto-in-arrivo
(3) Dario Dongo. Primary ingredient origin on PGI products. GIFT(Great Italian Food Trade). 18.6.20, https://www.greatitalianfoodtrade.it/etichette/origine-ingrediente-primario-sui-prodotti-igp
(4) Minimum height of characters, referring to the lowercase ‘x’ >1.2 mm (>0.9 mm in packages whose largest surface area is <80 cm2). V. https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/leggibilità-etichetta-mars
(5) Reg. EU 1337/13, laying down detailed rules for the implementation of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance of fresh, chilled or frozen meat of swine, sheep, goats and poultry. See Article 7(1)(a) and (b). The concept of production in multiple member states is expressed in the original English text in terms of ‘different member states‘
(6) The legitimacy of the national derogation from the European requirement to specify the country of origin of fresh meat is in any case questionable
V. free ebook ‘1169 PENE – Reg. EU 1169/11. Food news, inspections and penalties‘, at https://www.greatitalianfoodtrade.it/libri/1169-pene-e-book-gratuito-su-delitti-e-sanzioni-nel-food
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
