The saga of decrees on official controls comes to a favorable end with today’s publication of Law 71/2021, which converts LD 42/2021 and introduces the institution of the warning notice, in line with Reg. EU 2017/625.
The government led by Mario Draghi-after foiling the clumsy attempt to repeal the offenses in Law 283/62 (1,2,3)-is thus restoring order on food safety in Italy.
Law 71/2021, conversion of DL 42/2021 on official controls
Law 21.5.21 no. 71 (Conversion into law, with amendments, of Decree Law March 22, 2021, no. 42, on urgent measures on food safety penalty regulations) was published on 5/22/21 and took effect the following day. (4) Its text-approved by a large majority, in the Chamber of Deputies on 5.5.21 and in the Senate on 18.5.21-sets aside any hypothesis of repealing the contravening offense in Article 5 of Law 283/62. As well as regulating the warning of operators in cases of ‘sanctionable violations’ of food hygiene and safety regulations.
The approval of Law 671/2021 is the result of coordinated work by Prime Minister Mario Draghi with Justice Minister Marta Cartabia, in consultation with Health Minister Roberto Speranza and Agriculture, Food and Forestry Minister Stefano Patuanelli. A sign of concern for public health and theintegrity of the food supply chain. But above all, of independence of politics, in a crucial sector for the country’s economy, from the lobbies of trade associations.
Wary of operators
Law 71/2021-in line with Regulation (EU) 2017/625 on official public controls, Article 138 (5,6)-completely regulates the institution of a warning in the following terms. ‘In Article 1 of Decree-Law No. 24 June 2014, no. 91, converted, with amendments, by Law Aug. 11, 2014, no. 116, the following amendments are made:
(a) Paragraph 3 is replaced by the following:
‘For violations of agri-food and food safety regulations, for which the application of the administrative fine is provided for, the inspection body in charge, in the event that it first ascertains the existence of violations that can be remedied, shall warn the person concerned to comply with the violated requirements within a period of thirty days from the date of service of the warning notice and to elide the harmful or dangerous consequences of the administrative offense.’
Official controls and warning, violations that can be remedied
‘Sanctionable violations are defined as formal errors and omissions that involve a mere regularization operation, or violations whose harmful or dangerous consequences are eliminable.
‘The warning procedure does not apply if the non-compliant products have already been put on the market, even if only in part.’ (7)
Reminder, deadlines for compliance
Time limits granted for complying with the notice suspend the time limits for serving administrative penalty orders. Without prejudice, of course, to the duties of reporting without delay to the competent public prosecutor’s office–by public officials and those in charge of public service–of any report of a crime that can be prosecuted ex officio (Code of Criminal Procedure, Article 331).
‘In case of failure to comply with the requirements contained in the notice referred to in this paragraph within the specified time limit, the inspection body shall make the objection in accordance with Article 14 of Law 24.11.1981, no. 689 (…).‘ (7)
The deadline within which the warned operator must comply with the requirements given in the warning notice, it should be noted, is no longer that of 20 days from the service of the notice-already inexplicably extended to 90 days, by DL 16.7.20 no. 46 – but 30 days after notification. Surely a more congruous deadline when it comes to ensuring public health, albeit within the limits of ‘sanctionable violations.
Dario Dongo and Andrea Sodero
Notes
(1) Dario Dongo. Legislative Decree. 27/21 and repeal of Law 283/1962, question of constitutionality. GIFT (Great Italian Food Trade). 17.3.21, https://www.greatitalianfoodtrade.it/sicurezza/d-lgs-27-21-e-abrogazione-della-legge-283-1962-questione-di-legittimità-costituzionale
(2) Dario Dongo, Amaranta Traversa, Sarah Lanzilli, Claudio Biglia. Official controls, d .lgs. 27/21. Implementation of EU reg. 2017/625. GIFT(Great Italian Food Trade). 14.3.21, https://www.greatitalianfoodtrade.it/sicurezza/controlli-ufficiali-d-lgs-27-21-attuazione-del-reg-ue-2017-625
(3) Dario Dongo. Food crimes, Draghi government saves Law 283/1962. #CleanSpades. GIFT (Great Italian Food Trade). 3/20/21, https://www.greatitalianfoodtrade.it/sicurezza/reati-alimentari-il-governo-draghi-salva-la-legge-283-1962-vanghepulite
(4) Law 21.5.21 no. 71. Conversion into law, with amendments, of Decree Law March 22, 2021, no. 42, on urgent measures on food safety penalty regulations. In OJ General Series 22.5.21 no. 121, effective 5/23/21. https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2021-05-22&atto.codiceRedazionale=21G00081&elenco30giorni=true
(5) Dario Dongo. Controls, the role of the Health Administration. GIFT(Great Italian Food Trade). 10/30/17, https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/
(6) Dario Dongo, Giulia Torre. Official public controls, EU Regulation 2017/625 kicks off. GIFT (Great Italian Food Trade). 12/18/19, https://www.greatitalianfoodtrade.it/sicurezza/controlli-pubblici-ufficiali-al-via-il-regolamento-ue-2017-625
(7) Law 71/21, Article 1-ter. Amendments to Article 1 of Decree Law June 24, 2014, no. 91, concerning the institution of warning in the agribusiness sector
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in food technology and law, a great lover of sector legislation.
