Final approval by the Chamber of Deputies of the Agri-food Protection Bill: with the offence of agro-piracy, more protection for quality products

The measure strengthens the traceability of products throughout the supply chain in order to promote the transparency of information to the consumer with a view to health protection. Deterrence mechanisms are included in the Criminal Code with the introduction of two offences and an aggravating circumstance.

The offence of Food Fraud concerns anyone who markets food or drink that, to his knowledge, is not genuine or comes from places other than those indicated. Imprisonment from two months to one year is foreseen.

The offence of trading foodstuffs with misleading signs will punish, on the other hand, anyone who uses distinctive signs or indications to mislead the buyer on the quality or quantity of foodstuffs. Imprisonment from 3 to 18 months is foreseen.

The aggravating circumstance of Agro-piracy, on the other hand, is provided for when the illegal activity is carried out in an organised and continuous manner and takes into account the aspects of Quantity (when the volumes marketed are significant) and the case of Organic (when products are sold as organic without being so). In these cases, penalties are increased by up to 1/3

A package of regulations are introduced to protect geographical indications. In particular, the offence of counterfeiting geographical indications and protected designations of origin already provided for in our code will provide for sanctions from 1 to 4 years (previously it was 2 years) and fines from 10 thousand to 50 thousand euro (previously up to 20 thousand euro).

The measure of compulsory confiscation is introduced for the above-mentioned offences by providing for the confiscation of products, goods or things that are the object or product of the offences and of goods used to commit the offence.

Introduced the obligation for the judicial authority to distribute seized but edible products to local authorities or charitable organisations to be given to needy people or abandoned animals, as well as a broader 'other destination provided for by law', widening the possibilities of product destination.

Another important innovation concerns administrative sanctions. The measure provides for a graduation of sanctions according to the seriousness of the violation, with the introduction of more dissuasive measures by linking the amounts to the turnover of the companies involved. In the past, it was the case, for example, that a small entrepreneur could face the same sanction as a multinational company

The 'Cabina di Regia per i controlli amministrativi' (Steering Committee for Administrative Controls) is formally established, chaired by the Minister of Agriculture and involving, at the highest level, the institutions in charge of controls. This regulation will make inspection activities more efficient, improve food tracking and eliminate duplication of actions by the police forces.

The text prohibits the use of the term 'milk' and dairy products for vegetable products (i.e. misuse of the term 'milk') if not accompanied by the correct name (e.g. almond milk sold as a substitute without distinction). Penalties ranging from 4 thousand to 32 thousand euro or up to 3% of the turnover of the sanctioned company (upper limit 100 thousand euro).

Established a national computerised platform to trace the movement of buffalo milk and derivatives in order to avoid fraud, undeclared double milking or illegal triangulations.

Introduced an extraordinary national plan with spot checks on the entire supply chain on milking, transport, processing, and marketing of products, and perfected a system of continuous and permanent official surveillance, providing for the use of laboratory tests for the geographical origin of milk and processing products, ascertaining the use of non-fresh milk. Penalties ranging from EUR 6,000 to EUR 48,000 or up to 3% of the sanctioned company's turnover (with a ceiling of EUR 150,000).

Lastly, the bill organically reforms the existing sanctioning system in the fishing sector with the aim of reorganising and unifying the rules to make it more effective and, above all, proportionate by adjusting the amount of the sanction to the quantity of the catch and the severity of the environmental impact caused.