Origin and/or provenance of pork, trumpets blare! Another decree is on the way, which is meritorious in intent but risks being outlawed, due to conflict with EU rules, like the various previous ones. (1) State of the art and prospects.
Meat origin, the rules in place
The origin of meat–fresh , frozen and deep-frozen–of swine, poultry, sheep and goat species has finally been stipulated as mandatory by Regulation (EU) No. 1169/11. Along the lines of what has already been prescribed, for beef only, since the turn of the century. (2) Except omitting the requirement to indicate the country of birth of animals, when implementing the said regulation. (3)
Indication of origin, however, is limited to the labeling of packaging and prewrapping-or the sales sign, in butcher’s departments-of ‘unprocessed‘ meat (if even cut or minced). It is therefore enough that herbs and spices-or worse yet, water, fiber and vegetable protein, food additives (4)-are added for the duty to indicate the origin of the meat to be waived.
Regulation (EU) no. 2018/775 in any case-as of 1.4.20-requires to indicate the diversity of origin or provenance of the primary ingredient (i.e., the characteristic one, i.e., the one that expresses 50 percent or more of the product). Where it does not coincide with the ‘Madein‘ (country of production) of which information has been offered, even if only by mentioning the location of the factory on the label. (5)
Meat origin, the rules that are missing
First, processed meats are still of ‘uncertain origin’. We refer to three hypotheses, which are of absolute importance in terms of production and consumption:
– meat preparations, e.g., hamburgers, breaded meats, roasts, fresh sausages),
– meat products. A broad category of products, including marinated meats as well as processed meats. From Trentino’s carne salada to Bresaola di Valtellina IGP, Cotechino and Zampone di Modena IGP, etc. And so are all hams and cured meats, where-excluding only PDOs and (very rare) voluntary claims-the origin of the meat is not given,
– Meats used as ingredients in other products. Processed products of various kinds, from ready meals including frozen ones to stuffed pasta to meat sauces, are themselves excluded from the requirement to report the origin of the meat used. Without prejudice to the application of the albeit mild general requirements of Reg. EU 2018/775. (6)
Theorigin of meat in restaurants-and so in eateries and public establishments of all sorts but also canteens, public and private, and catering establishments-is in turn crucial information that could really help consumers choose whether and what meat to buy. (7)
Among the animal species forgotten in the European origin requirements on the label (in addition to rabbits and hares, quail and ostriches, frogs and snails, and game) are equines in particular. (8) Which come mainly from the American continent, the U.S. and Argentina first and foremost, where levels of animal welfare protection and food safety are light years away from ours. Without the European consumer even suspecting it.
Origin and/or provenance pork, the draft decree
The inter-ministerial decree scheme (Agricultural Policies, Economic Development and Health) on ‘provisions for the mandatory indication of the place of origin in the labeling of processed pork‘ has already been approved by the State-Regions Conference, on 18.12.19. (9)
Scope. The decree applies to ‘minced, mechanically separated meat of domestic ungulates of the pig species, pork preparations and pork products.’
Inexplicably, however, ‘it doesnot apply to geographical indications protected (…) or protected under international agreements‘ (Article 2). Thus, the origins (German or Danish?) of the Norcia PGI ham, and various other products, will remain unknown.
Labeling of origin and/or provenance. ‘The indication of the place of origin of pork’ should come ‘affixed in the label in the main field of view,’ a very good idea. It must also ‘be easily visible and clearly legible,’ without graphic or textual interference. With minimum height characters consistent with reg. EU 1169/11 for mandatory label information (Article 3. See footnote 10)
Required information. Products included in the scope of the decree must label the countries of birth, rearing and slaughter of the animals. Alternatively-assuming the pigs are born, raised and slaughtered in the same country-you can indicate ‘Origin: (country name)‘. However, provision is made for generalization when referring to more than one state. From ‘Origin: EU’ and ‘Origin: non-EU’ to the paradox of the worst expression of ‘Origin Planet Earth,’ ‘EU or non-EU‘ (!). (11)
‘100% Italian’
. The words ‘100% Italian‘ may be used ‘only when (…) the meat is from pigs born, raised, slaughtered and processed in Italy‘ (Article 4.2). A useful clarification that nevertheless deserves clarification, is ‘100% Italian‘ to be understood as an optional wording that is added to ‘Origin: Italy‘ or can it also replace it?
Checks and penalties. ‘Unless the act constitutes a crime,’ the administrative penalties set forth in Leg. 231/17. (12) In addition to the powers vested in the Competition and Market Authority (AGCM, the so-called Antitrust Authority) to supervise the proper application of the Consumer Code. (13) And to ‘those due, according to current regulations, to the organs in charge of detecting violations‘ (Article 5). Beware of resolving the conflict of competencies between different control authorities, in this case between Veterinary Offices (Ministry of Health) and ICQRF. (14)
Mutual recognition. ‘The provisions of this decree shall not apply to products (…) lawfully manufactured or marketed in another member state of the European Union or in Turkey or in a state party to the Agreement on the European Economic Area‘ (Article 6).
Entry into force and transition period. The decree will take effect 120 days after its publication in the Official Gazette. Products placed on the market or otherwise labeled prior to enactment may be marketed until stocks are exhausted, or within the shelf life mentioned on the label (Article 7).
Pork origin and/or provenance decree, critical issues and uncertainties
Ministers Teresa Bellanova, Stefano Patuanelli and Roberto Speranza rely on their legitimacy to introduce the decree under consideration on a law whose legitimacy the Commission has already challenged, putting the Italian government on notice for this purpose. (15) Since the dispute over the basic law remains unresolved to this day, it is unlikely (an understatement) that Brussels would willingly accept an implementing decree from it.
In any case, the decree must be notified in advance to the European Commission and other member states. And it can be adopted ‘only three months after notification, provided it has not received a negative opinion from the Commission.’ (16) Being very clear that in the absence of notification-as well as in cases where the three-month period of suspension of thelegislative process is not respected, or the directions of Brussels are disregarded-the ministerial text will count as waste paper. Based on established case law of the EU Court of Justice.
On the merits, the provision of the requirement to also indicate the country of birth-in addition to those of breeding and slaughter-is excellent but incongruent with Regulation (EU) 1337/13, and is therefore unlikely to be accepted by the ‘Europe condominium. (17) It is then unclear why the information intended to be guaranteed to consumers on the labels of pre-packaged food products is instead denied on the same products when sold in bulk or pre-wrapped.
Origin and provenance, what solutions?
Italian consumers are perhaps the first but certainly not the only ones to demand information about the origin, i.e., place of production of food, and provenance of ingredients. (18) French retail is at the forefront, as noted above, in providing news about the territories from which each component of the products comes. In response – it is clear – to a corresponding desire of consumers across the Atlantic to learn about supply chains and favor short supply chains.
#EatORIGINal! Unmask your food! – the European consumer initiative that collected 1.1 million signatures in 12 months-is the real solution that must be vigorously pursued. To affirm as soon as possible the duty of information on Made in and origin or provenance of the primary ingredient, without any derogation whatsoever, on all food products placed in the EU. (19)
Instead, at the national level, work must be done immediately on those areas of consumer information where member states are granted concurrent legislative power. That is, bulk and prewrapped foods, foods served by communities. It is enough to follow the example of France, which has introduced compulsory indication of the origin of meat by decree ritually notified to Brussels since 2002. (17) Not to mention the requirement to report theorigin of citrus fruits in vending machines and public establishments.
Dario Dongo
Notes
(1) On DMs on the origin of wheat and semolina in pasta, paddy rice in rice, and tomatoes in canned goods, see previous articles https://www.greatitalianfoodtrade.it/etichette/sede-stabilimento-decreti-origine-scadenza-latte-gift-mette-in-mora-la-commissione-europea, https://www.greatitalianfoodtrade.it/idee/decreti-origine-pasta-riso-pomodoro-sede-stabilimento-incertezze-e-pericoli. On the renewal of the said decrees, and the one on the origin of milk in dairy products, see https://www.greatitalianfoodtrade.it/idee/decreti-origine-pasta-riso-pomodoro-sede-stabilimento-incertezze-e-pericoli. As for Leg. 145/17, regarding the location of the establishment, see https://www.greatitalianfoodtrade.it/etichette/sede-stabilimento-decreto-inapplicabile-per-il-tribunale-di-roma
(2) See reg. CE 1760, 1825/00. For more on the topics of origin and traceability see the ebook ‘Food Safety, Mandatory Rules and Voluntary Standards,’ at https://www.greatitalianfoodtrade.it/libri/sicurezza-alimentare-regole-cogenti-e-norme-volontarie-il-nuovo-libro-di-dario-dongo
(3) See reg. EU 1337/13. See in this regard the article https://www.greatitalianfoodtrade.it/idee/origine-delle-carni-dall-1-aprile-in-etichetta-e-pur-manca-qualcosa
(4) Reference is made to the example of a turkey-based ‘meat preparation’ cited in the article https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/fesa-tacchino-con-acqua-aggiunta-risponde-l-avvocato-dario-dongo
(5) On reg. EU 2018/775, see
https://www.greatitalianfoodtrade.it/etichette/marchi-origine-prodotto-e-ingrediente-primario,
On the unacceptable exceptions to transparency introduced by reg. EU 2018/775, see https://www.greatitalianfoodtrade.it/consum-attori/origine-ingrediente-primario-reg-ue-2018-775-call-for-action
(6) The application of reg. EU 2018/775 does indeed imply, for example, that a ‘Bolognese sauce‘ must report the different origin of the characteristic (meat) ingredients used, when of foreign origin
(7) The coincidence of 50% of imported meat (compared to national needs) and 50% of meals out is not coincidental. The economics of public vendors are in fact based in Italy on savings and omertà regarding the origin of meat. As shown by our recent survey at Metro Italy, where ‘deforestation’ meats also abound (see https://www.greatitalianfoodtrade .it/ristorazione/carni-argentine-in-metro-italia-la-deforestazione-a-casa-nostra)
(8) Horse meat has a specific criticality, related to the (illegal, in the EU) slaughter of racehorses. With a peculiar food safety risk related to the use of veterinary drugs not allowed on so-called farm animals
(9) See MiPAAF press release, 12/18/19, at https://www.politicheagricole.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/14818
(10) Height of the lowercase ‘x’ >1.2 mm (>0.9 mm in packages whose largest surface area is <80 cm2). On the criteria of readability, see also https://www.foodagriculturerequirements.com/archivio-notizie/domande-e-risposte/leggibilità-etichetta-mars
(11) Reg. EU 2018/775, which the writer renamed OPT (Origin Planet Earth), had reached the paradox of allowing the wording ‘EU and non-EU‘. To indicate, for the avoidance of doubt, that the primary ingredients do not come from Mars or Saturn. But the alternative quote ‘EU or non-EU‘ sounds like a game of poker, a Teresina-style poker (right on!). Where, on the other hand, the dutiful traceability of food of animal origin precludes confusion as to whether a consignment of goods comes from a continent subject to specific rules or elsewhere
(12) See 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
(13) Cf. d.lgs. 206/05 as amended
(14) On the Italian trouble of the lack of coordination of official public controls, read https://www.greatitalianfoodtrade.it/sicurezza/controlli-ufficiali-schema-di-decreto-da-rivedere, https://www.greatitalianfoodtrade.it/sicurezza/controlli-pubblici-ufficiali-al-via-il-regolamento-ue-2017-625
(15) The European Commission put the first government led by Giuseppe Conte on notice on 5/21/19, intimating the repeal of Article 3-bis of Law 12/19 (converting DL 135/18), for being late in notifying Brussels and contrary to European law. See previous article https://www.greatitalianfoodtrade.it/etichette/origine-l-ue-mette-in-mora-l-italia
(16) Cf. reg. EU 1169/11, Article 45
(17) In fact, France itself, in updating its decree on the mandatory origin of meat in restaurants, referred to the provisions of Reg. EU 1337/13. V. https://www.greatitalianfoodtrade.it/ristorazione/origine-di-tutte-le-carni-al-ristorante-la-lezione-francese
(18) The 2018 Immagino Observatory report – in offering an accurate representation of the sales of 68 thousand food references on the large-scale retail channel in Italy – indicates how ‘100 percent Made in Italy’ has ‘overwhelmingly and crosswise entered Italian households.’ V. https://www.greatitalianfoodtrade.it/mercati/il-carrello-della-spesa-in-italia-osservatorio-immagino-2018
(19) It would also be useful to introduce mandatory origin of all animal products (meat of all species, milk, eggs, fish products)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
