The saga of the decrees on official controls ends favorably, with today's publication of the law 71/2021 which converts the DL 42/2021 and introduces the institution of the warning, in line with the reg. EU 2017/625.
The government led by Mario Draghi - after having thwarted the clumsy attempt to repeal the crimes referred to in law 283/62 (1,2,3) - thus restores order on food security in Italy.
Law 71/2021, conversion of Legislative Decree 42/2021 on official controls
The law 21.5.21 n. 71 (Conversion into law, with amendments, of the decree-law 22 March 2021, n. 42, containing urgent measures on the sanctioning discipline on food safety) was published on 22.5.21 and enters into force on 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 repeal of the offense referred to in Article 5 of Law 283/62. In addition to regulating the warning of operators in the event of 'remediable violations' of the rules on hygiene and food safety.
Approval of law 671/2021 is the result of a coordinated work by the Prime Minister Mario Draghi with the Minister of Justice Marta Cartabia, in concert with the Minister of Health Roberto Speranza and of Agricultural, Food and Forestry Policies Stefano Patuanelli. A sign of attention to public health andintegrity of the agri-food chain. But above all of political independence, in a crucial sector for the country's economy, with respect to LOBBY of trade associations.
Be wary of operators
Law 71/2021 - in line with regulation (EU) 2017/625 on official public controls, article 138 (5,6) - fully regulates the institution of the formal notice, within the terms set out below. 'In article 1 of the decree-law of 24 June 2014, n. 91, converted, with modifications, by the law 11 August 2014, n. 116, the following changes are made:
a) paragraph 3 is replaced by the following:
'For violations of the rules on agri-food and food safety, for which the application of the pecuniary administrative sanction is envisaged, the control body in charge, in the event that it ascertains for the first time the existence of remediable violations, warns the interested party to fulfill the violated prescriptions within thirty days from the date of notification of the formal notice and to eliminate the harmful or dangerous consequences of the administrative offense. '
Official controls and warning, remediable violations
'For remediable violations formal errors and omissions are intended that involve a mere regularization operation, or violations whose harmful or dangerous consequences can be eliminated.
'The formal notice procedure it does not apply if the non-compliant products have already been placed on the market, even if only partially '. (7)
Notice, terms of fulfillment
The terms granted to comply with the warning suspend the terms envisaged for the notification of administrative sanctions. Obviously, without prejudice to the duties of reporting without delay to the competent Public Prosecutor's Office - by public officials and persons in charge of public service - of any news of an offense that can be prosecuted ex officio (Code of Criminal Procedure, Article 331).
'In case of non-compliance to the requirements contained in the notice referred to in this paragraph within the term indicated, the supervisory body makes the contestation pursuant to article 14 of law 24.11.1981, n. 689 (...).(7)
The term within which the cautioned operator must fulfill the prescriptions given with the formal notice, please note, it is no longer that of the 20 days from the notification of the deed - already inexplicably extended to 90 days, with the Legislative Decree 16.7.20 n . 46 - but 30 days from notification. A term that is certainly more appropriate when it comes to guaranteeing public health, albeit within the limits of 'remediable violations'.
Dario Dongo and Andrea Sodero
Footnotes
(1) Dario Dongo. Legislative Decree 27/21 and repeal of law 283/1962, question of constitutional legitimacy. GIFTS (Great Italian Food Trade). 17.3.21/XNUMX/XNUMX, 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, Legislative Decree 27/21. Implementation of reg. EU 2017/625. GIFTS (Great Italian Food Trade). 14.3.21/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/sicurezza/controlli-ufficiali-d-lgs-27-21-attuazione-del-reg-ue-2017-625
(3) Dario Dongo. Food crimes, the Draghi government saves law 283/1962. #Clean shovels. GIFTS (Great Italian Food Trade). 20.3.21/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/sicurezza/reati-alimentari-il-governo-draghi-salva-la-legge-283-1962-vanghepulite
(4) Law 21.5.21 n. 71. Conversion into law, with amendments, of the decree-law 22 March 2021, n. 42, containing urgent measures on the sanctioning discipline on food safety. In the Official Gazette General Series 22.5.21 n. 121, in force since 23.5.21. 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. GIFTS (Great Italian Food Trade). 30.10.17/XNUMX/XNUMX, https://www.greatitalianfoodtrade.it/etichette/controlli-il-ruolo-dellamministrazione-sanitaria/
(6) Dario Dongo, Giulia Torre. Official public controls, EU regulation 2017/625 is underway. GIFT (Great Italian Food Trade). 18.12.19/XNUMX/XNUMX, 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 the decree-law 24 June 2014, n. 91, concerning the institution of the warning in the agri-food 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.
