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February 21, 2018

Labeling of food products: sanctioning rules for violations of EU Regulation no. 1169/2011 and National regulation to the provisions of the aforementioned Regulation (Legislative Decree 231/2017)

With a specific provision, administrative sanctions were provided, ranging from a minimum of 500 euros to a maximum of 40,000 euros, for non-compliance with the provisions relating to the labeling of food products and the national legislation regarding the lot of food, to the sale of non-prepacked food through automatic vending machines or prior splitting and sale of products not intended for the final consumer (B2B).

IN DEPTH
With Legislative Decree 15 December 2017 n. 231, the penalties for violations committed to EU Regulation no. 1169/2011, concerning the labeling of food products, and the national legislation was adapted to the provisions of the Regulation in question.

The Decree enters into force on 9 May 2018.

Summary of the provisions of the Legislative Decree 15 December 2017 n. 231

With the Decree in question:

  • sanctions have been set, ranging from a minimum of 500 euros to a maximum of 40,000 euros, for failure to comply with the provisions of EU Regulation no. 1169/2011 relating to food labeling;
  • specific provisions have been established regarding:

-) the wording or the marks which identify the lot to which a foodstuff belongs (lot);
-) information to be given to the final consumer in the case of sale of non-prepacked foodstuffs through automatic vending machines or automated business premises;
-) information to be given to consumers in the event of sale after splitting up non-prepacked food products;
-) the sale of products not intended for the consumer (B2B);

providing for the relative sanctions for each of them.

Transitional provisions

The Decree in question provides that foods not complying with the new provisions and placed on the market or labeled before 9 May 2018 may be marketed until stocks are exhausted.

Postponement of news for analysis of the regulatory framework

In view of the complexity of the regulatory sanctioning framework and the indications relating to the adaptation of national legislation to the provisions of Regulation no. 1169/2011, to clarify that it will be ns. care to return to the subject through specific news that will analyze in detail the aspects provided by the Decree in question.