Abstract
According to Regulation (EC) 178/2002, “any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food” must be classified as a “food business”. A food business operator (FBO) is defined as “the natural or legal person responsible for ensuring that the requirements of food law are met within the food business under their control”. We analyzed the particular case of an Italian wholesale commercial intermediation company, purchasing a typically carbohydrate-rich local product from producers and reselling it to retailers, although never taking physically possession of it. In the marketing process the company abnormally emphasized the food protein content of the product, providing false nutritional information on the label, thus committing food fraud. Moreover, sanitary guarantees on the operating methods and traceability were not provided, as required by the European law. In fact, to ensure food safety, every food business is subject obligation of registration (Regulation EC 852/2004), preparation of the self-control plan according to the principles of the HACCP system and traceability obligations (Regulation EC 178/2002). This case highlights the current general poor culture in food safety and shows the urgent need for awareness-raising and training interventions aimed at improving behaviors and clarifying the qualifications and the responsibilities of all parties involved, including FBOs and competent authorities, to prevent health risks and food frauds.
References
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002
Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs. 29 April 2004
Mattevi M, Jones JA. Food Supply Chain: Are UK Small to Medium Sized Enterprises (SME) Aware of Concepts, Drivers, Benefits & Barriers, and Frameworks of Traceability? British Food Journal. 2016; 118(5):1107-1128.
FAO. 2021. Food fraud – Intention, detection and management. Food safety technical toolkit for Asia and the Pacific No. 5. Bangkok.
Manning L. Food fraud: policy and food chain. Current Opinion in Food Science. 2016, 10:16–21
Giannakas K, Yiannaka A. Food Fraud: Causes, Consequences, and Deterrence Strategies. Annu. Rev. Resour. Econ. 2023. 15:1.1–1.20.
Roth AV, Tsay AA, Pullman ME, Gray JV. Unravelling the food supply chain: Strategic insights from China and the 2007 recalls. Journal of Supply Chain Management, 2008, 44(1): 22–39.
Amaral JS. Target and Non-Target Approaches for Food Authenticity and Traceability. Foods. 2021 Jan 16;10(1):172.
Regulation (EU) 625/2017 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation)Text with EEA relevance. REGULATION (EU) 2017/625 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2017
Legislative Decree 6 November 2007, No. 193. Implementation of Directive 2004/41/EC on food safety controls and application of EU regulations in the same sector. (Official Gazette General Series No. 261 of 09-11-2007 - Ordinary Supplement No. 228)
Italian Ministry of Health. 10/12/2012 n. 0041148 Guidance document on the implementation of certain provisions of Regulation (EC) 852/2004 on the hygiene of foodstuffs.
EUROPEAN COMMISSION DIRECTORATE-GENERAL FOR HEALTH AND FOOD SAFETY. Guidance document on the implementation of certain provisions of Regulation (EC) No 852/2004 On the hygiene of foodstuffs. 16 February 2019
Commission Delegated Regulation (EU) 1374/2021 of 12 April 2021 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council on specific hygiene requirements for food of animal origin (Text with EEA relevance).
Islam S, Cullen JM. Food traceability: A generic theoretical framework. Food Control. 2021, 123: 107848
Bosona T, Gebresenbet G. Food traceability as an integral part of logistics management in food and agricultural supply chain. Food Control. 2013, 33(1):32-48.
REGULATION (EU) No 1169/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004.
Legislative Decree 27/2021 Disposizioni per l'adeguamento della normativa nazionale alle disposizioni del regolamento (UE) 2017/625 ai sensi dell'articolo 12, lettere a), b), c), d) ed e) della legge 4 ottobre 2019, n. 117. (21G00034) (GU Serie Generale n.60 del 11-03-2021)
Commission Regulation (EU) 382/2021 of 3 March 2021 amending the Annexes to Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as regards food allergen management, redistribution of food and food safety culture (Text with EEA relevance).