The University of Catania helped the Consortium of Avola Almond intercept two major frauds, promptly reported to ICQRF (Central Inspectorate for the Protection of Quality and Repression of Fraud of agri-food products, at MiPAAFT). Branded Italian confetti, distributed in Esselunga and Auchan, were presented as filled with the precious Sicilian fruit. But DNA analysis revealed them to be imported almonds with a lower commercial value. Now awaiting interventions from MiPAAFT and thePublic Prosecutors competent by territory.
The almond of Avola is registered in lists of PAT, Traditional Italian Agri-food Products lists, at the Sicily Region and the MiPAAFT. (1) Its Protection Consortium has created a specific collective brand, whose use is allowed to operators who comply with the specific regulations and undergo certification. And it is active, as these cases show, in monitoring counterfeiting as well as promotion activities.
DNA analysis, the key proof
The fraud in commerce has been reported to the Consortium by some consumers, suspicious due to the low price of the sugared almonds sold through the GDO (Large Organized Distribution) channel with explicit reference to the traditional product of Avola.
Already at a first examination visual and organoleptic, the products in question seemed to lack the basic attributes of Avola almonds. The characteristic flat and oval shape, and the distinctive flavor. The samples were then sent to the laboratories of the University of Catania, which boasts several studies on the DNA of Italian almonds and foreign ones.
Frauds in the trade of Italian sugared almonds
The result of the analyses confirmed the Consortium's suspicions. Highlighting the lack of correspondence between the genetic profile of the almonds examined and that previously characterized on the Avola almond varieties.
The Consortium for the protection of the Avola Almond therefore reported the two cases, on 17.7.19, to the anti-counterfeiting department of the Ministry of Agricultural Policies. Highlighting the recurrence of serious and consistent evidence on the two hypotheses of commercial fraud.
The crime referred to in article 515 ‘Under the penal code, it occurs when, in the exercise of a commercial activity, a movable thing is delivered to the buyer in place of another, or a movable thing differing in origin, provenance, quality, quantity from that declared or agreed. The penalty provided is imprisonment for up to two years or a fine of up to two thousand sixty-five euros’, emphasizes the President of the Consortium Antonio Scacco. He advises consumers ‘before purchasing products labeled Mandorla di Avola, to always check for the presence of the markcollective mark of the Protection Consortium, which certifies the participation of companies in the supply chain traceability system.’
The damage of anonymity
Despite the almost certainty Of the abuse, the two companies accused of counterfeiting remain to this day protected by anonymity. The Consortium has in fact chosen not to disclose their names, knowledge of which would have allowed consumers to refrain from purchasing products from these companies.
The names of the companies Accused will be made public only following their definitive convictions, in the appropriate document published every year by the Ministry of Health. (2) They should instead be made available immediately, in the logic of Name & Shame Which the author has long indicated as the most effective tool to prevent food fraud, in Italy and Europe.
Criminal and administrative liability, prevention tools
The files Are now in the hands of ICQRF and the Anti-Counterfeiting Directorate of the Ministry of Agricultural Policies. Following the initial investigations, which will include the verification of traceability registers, the documents will be forwarded to the competent Public Prosecutor's Offices. These will also have to consider the administrative liability of entities, pursuant to Legislative Decree 231/01, for fraud offenses committed to their unjust advantage.
The blockchain public Should meanwhile be considered, by the production and distribution chains, as the main way to ensure the availability of all information relating to the supply-chain. Where a traceability system certified by an incorruptible digital data notarization technology can effectively mitigate the risks of food fraud and ensure transparency for consumers on origin, rule compliance, and sustainability of products offered on the shelf.
Dario Dongo and Marta Strinati
Notes
(1) In the 19th revision of 2/7/2019 the Avola almond is listed at no. 74 in the list relating to the Sicilian Region, in the section reserved for plant products in natural or processed state
(2) Cf. DL 18.6.86, n. 282, converted into law 7.8.86, n. 462, ‘Concerning urgent measures in the matter of prevention and repression of food adulteration’. The annual public lists of companies and producers who have been convicted with a final judgment for crimes of fraud and food adulteration are available on the Ministry of Health website at http://www.salute.gov.it/portale/temi/p2_6.jsp?lingua=italiano&id=1186&area=sicurezzaAlimentare&menu=vuoto
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT – Food Times) and Égalité.
Professional journalist since January 1995, she has worked for newspapers (Il Messaggero, Paese Sera, La Stampa) and magazines (NumeroUno, Il Salvagente). Author of food journalistic investigations, she published the book 'Reading labels to know what we eat'.
