Avola almond, DNA analysis unveils two maxi-frauds on sugared almonds

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The University of Catania helped the Almond Consortium of Avola intercept two maxi-frauds, which were promptly reported to the ICQRF (Central Inspectorate for the Protection of Quality and Fraud Repression of Agri-food Products, at MiPAAFT). Branded Italian confetti, distributed in Esselunga and Auchan, were presented as filled with the prized Sicilian fruit. But DNA analysis revealed instead that they were imported almonds with a lower commercial value. Action is now awaited from MiPAAFT and the relevant public prosecutor’s offices.

The Avola almond is registered in the lists of PAT, Prodotti Agroalimentari Tradizionali Italiani (Traditional Italian Food Products), with the Region of Sicily and MiPAAFT. (1) Its Protection Consortium has created a special collective trademark, the use of which is allowed to operators who comply with the special specification and submit to certification. And it is as active, as these cases show, in policing counterfeits as it is in promotion activities.

DNA analysis, the queen proof

The trade fraud was reported to the Consortium by some consumers, who were suspicious of the low price of sugared almonds sold on the large-scale retail channel (GDO) with explicit reference to the traditional product of Avola.

Even upon initial visual and organoleptic examination, the products in question appeared to lack the basic attributes of the Avola almond. The characteristic flat and oval shape and distinctive flavor. The samples were then forwarded to laboratories at the University of Catania, which has several studies on the DNA of Italian and foreign almonds.

Fraud in trade on Italian sugared almonds

The result of the analysis confirmed the Consortium’s suspicions. Highlighting the mismatch of the genetic profile of the almonds under consideration with that previously characterized on the Mandorla di Avola varieties.

The Almond of Avola Protection Consortium then reported the two cases on 17.7.19 to the anti-counterfeiting directorate of the Ministry of Agriculture. Highlighting the recurrence of serious and concordant evidence on the two hypotheses of trade fraud.

The crime referred to in Article 515 ‘of the Criminal Code occurs when in the exercise of a commercial activity one “delivers to the purchaser a movable thing for another, or a movable thing, in origin, provenance, quality quantity different from that stated or agreed upon. The penalty isa imprisonment of up to two years or a fine of up to two thousand sixty-five euros,’ stressed Consortium President Antonio Scacco. Which recommends that consumers ‘before buying products with the words Almond of Avola, always check for the presence of the collective mark of the Consortium of protection, which certifies the participation of companies in the system of traceabilityella supply chain’.

The harm of anonymity

Despite the near-certainty of abuse, the two companies accused of counterfeiting remain protected by anonymity to this day. In fact, the Consortium chose not to disclose their names, knowledge of which would have enabled consumers to refrain from purchasing products from the companies themselves.

The names of indicted companies will be made public only following their final convictions, in the special document published annually by the Ministry of Health. (2) Instead, they should be made available immediately, in that logic of Name & Shame that this writer has long pointed to as the most effective tool for preventing food fraud, in Italy and in Europe.

Criminal and administrative liability, prevention tools

The files are now in the hands of the ICQRF and the Anti-Counterfeiting Directorate of the Ministry of Agricultural Policy. Following initial investigations, which will include verification of traceability records, the files will be forwarded to the relevant public prosecutor’s offices. Which will also have to consider the administrative responsibility of entities, according to Leg. 231/01, for fraud crimes committed for their unfair advantage.

In the meantime, the publicblockchain should be seen by production and distribution supply chains as the main way to ensure the availability of any supply-chain-related information. Where a traceability system asseverated by incorruptible digital data notarization technology can effectively mitigate the risks of food fraud and provide consumers with transparency on the origin, compliance with rules, and sustainability of products on offer on the shelf.

Dario Dongo and Marta Strinati

Notes
(1) In the 19th revision of 7/2/2019, the Avola almond is included in No. 74 of the list for the Sicilian Region, in the section reserved for plant products in their natural or processed state
(2) Cf. DL 18.6.86, no. 282, converted into law 7.8.86, no. 462, ‘concerning urgent measures on the prevention and suppression of food adulteration‘. Annual public lists of companies and producers who have been convicted by a final judgment of fraud and food adulteration offenses are available on the Ministry of Health’s website at http://www.salute.gov.it/portale/temi/p2_6.jsp?lingua=italiano&id=1186&area=sicurezzaAlimentare&menu=vuoto

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Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.

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Professional journalist since January 1995, he has worked for newspapers (Il Messaggero, Paese Sera, La Stampa) and periodicals (NumeroUno, Il Salvagente). She is the author of journalistic surveys on food, she has published the book "Reading labels to know what we eat".