The University of Catania helped the Consortium of the Avola Almond intercept two major frauds, promptly reported to ICQRF (Central Inspectorate for Quality Protection and Fraud Repression of agri-food products, at MiPAAFT). Italian branded confetti, distributed in Esselunga and Auchan, were presented as filled with the precious Sicilian fruit. But DNA analysis revealed they were instead imported almonds, with a lower commercial value. Now awaiting interventions from MiPAAFT and thePublic Prosecutor’s Offices competent for the territory.
The almond of Avola is registered in the lists of PAT, Traditional Italian Agri-food Products, at the Sicily Region and the MiPAAFT. (1) Its protection Consortium has created a specific collective mark, whose use is allowed to operators who comply with the specific regulations and undergo certification. And it is active, as these cases demonstrate, in monitoring counterfeiting as well as in promotional activities.
DNA analysis, the queen proof
Trade fraud was reported to the Consortium by some consumers, suspicious of the low price of sugared almonds sold through the GDO (Large Organized Distribution) channel with explicit reference to the traditional Avola product.
Already at a first examination visual and organoleptic, the products in question appeared to lack the basic attributes of the Avola almond. The characteristic shape, flat and oval, and the distinctive flavor. The samples were then transmitted to the laboratories of the University of Catania, which boasts several studies on the DNA of Italian almonds and foreign.
Frauds in the trade of Italian sugared almonds
The result of the analyses confirmed the Consortium's suspicions. Highlighting the lack of correspondence of the genetic profile of the almonds under examination with that previously characterized on the varieties Mandorla di Avola.
The Consortium of protection of the Mandorla di Avola then reported the two cases, on 17.7.19, to the anti-counterfeiting directorate 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 ‘of the penal code 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 with origin, provenance, quality, quantity different 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 recommends to consumers ‘before buying products with the inscription Mandorla di Avola, always check for the presence of the trademarkcollective of the Protection Consortium, which certifies the participation of companies in the traceability system of the supply chain’.
The damage of anonymity
Despite the near-certainty of the abuse, the two companies accused of counterfeiting remain to this day protected by anonymity. In fact, the Consortium has chosen not to disclose their names, the knowledge of which would have allowed consumers to refrain from purchasing products from those companies.
The names of the companies incriminated will be made public only following their final convictions, in the specific document published every year by the Ministry of Health. (2) They should instead be made available immediately, in that logic of Name & Shame which the writer 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 verification of traceability registers, the documents will be sent to the competent Public Prosecutor's Offices. They will also have to consider the administrative liability of entities, pursuant to Legislative Decree 231/01, for fraud crimes committed to their unjust advantage.
The blockchain public should meanwhile be considered by 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 guarantee the consumer transparency about origin, compliance with rules, and sustainability of the products offered on the shelf.
Dario Dongo and Marta Strinati
Notes
(1) In the 19th revision of 7/2/2019, the Avola almond is included at no. 74 of the list concerning 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 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 website of the Ministry of Health, 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 journalistic investigations on food, she published the book 'Reading labels to know what we eat'.
