Made in Italy

Agri-foodstuffs, from 29 May the offence of trading with misleading signs takes effect

The offence of food fraud is also created. What is new in Law 75/2026 to protect Italian food products

by Anna Mulassano

Buffalo mozzarella cheese ball with cocktail tomatoes, basil and olive oil on plate Christin Klose - stock.adobe.com

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

From 29 May it will be an offence to offer food for sale with labels with distinctive marks or false or misleading indications to mislead the purchaser on the origin, provenance, quality or quantity of food and ingredients. The offence will be included in the list of those for which a cause for non-punishment is provided for in favour of agents and officers of the judicial police, as well as auxiliaries, involved in undercover operations.

In addition to the trade in foodstuffs with misleading signs, the offence of food fraud was also created, which aims to protect foodstuffs, waters and beverages that - in terms of origin, provenance, quality or quantity - are substantially different from those indicated, declared or agreed upon.

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Also on the way is the newmark for agri-food products with a protected designation of origin (Dop) and protected geographical indication (Igp) made by the Istituto Poligrafico e Zecca dello Stato. These are some of the novelties envisaged bylaw 75/2026, published in the Official Gazette on 14 May and in force since 29 May.

The novelties under criminal law

The law also provides for the possibility of using telephone tapping in proceedings concerningfood fraud and trading foodstuffs with misleading signs. In the field of criminal procedure, the application of the evidentiary incident will also be extended to analysis activities on perishable foodstuffs. For confiscated foodstuffs that are fit for human or animal consumption and are not counterfeit or deteriorated, the door of solidarity will now open: they will be able to be donated free of charge to needy people or to local, charitable or public bodies for charitable purposes. Destination for other purposes will constitute the offence of misappropriation of public funds.

Administrative Sanctions

The administrative fines for violations of fair information practices, food name, list of ingredients and indication of country of origin or place of provenance are tightened: they will be determined as a variable amount or as a percentage of turnover.

New administrative penalties will also be introduced for the misuse of milk or dairy product names, which may be determined as a variable amount or as a percentage of turnover. Furthermore, the seizure of the goods and any material or support through which the violation is committed is foreseen. Penalties also apply if the names of milk and milk products are supplemented by explanatory or descriptive indications specifying the vegetable origin of the product.

For the products wine products, the system of sanctions against producers who fail to fulfil their pecuniary obligation to the control body forDoc, Docg and Igt products is tightened.

Lastly, with regard to thefishing sector, Article 20 regulates its system of sanctions by providing, for example, in relation to fishing in excess of authorised quantities, the possibility of graduating the application of sanctions in relation to the seriousness of the conduct.

Institutional Initiatives

Remaining in the dairy sector, a 'Single register of movements of buffalo milk and its derivatives' is established within the National Agricultural Information System (Sian), and the sanctioning framework to protect food safety and the traceability of milk and products from the buffalo product chain is tightened;

The 'Extraordinary National Control Plan for Dairy Products with Protected Designation of Origin and Typical Geographical Indication' was also created.

Finally, the 'Cabina di regia per i controlli amministrativi nel settore agroalimentare' is established at the Ministry of Agriculture, Food Sovereignty and Forestry.

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