Ministry of Agriculture, Food and Forestry Central Inspectorate for Fraud Repression

1. Ministry of Agriculture, Food and ForestryCentral Inspectorate for Fraud Repression Office of BARI CENTRAL INSPECTORATE FOR FRAUD REPRESSION: ORGANIZATION AND TASKS THE CONTROL FUNCTION IN ORGANIC FARMING Valenzano - OCTOBER 28th, 2006 Roberto Altini ICRF Ufficio di BARI

2. CONTENTS • ORGANIZATION OF THE ITALIAN MINISTRY OF AGRICULTURE, FOOD AND FORESTRY (MIPAAF) and OF THE CENTRAL INSPECTORATE FOR FRAUD REPRESSION (ICRF) • ICRF INSPECTION PRACTICES IN ORGANIC FARMING • SANCTIONS • NOTES ON SAMPLING METHODS: Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin Roberto Altini ICRF Ufficio di BARI

3. ORGANIZATION OF MIPAAF and ICRF Roberto Altini ICRF Ufficio di BARI

4. Roberto Altini ICRF Ufficio di BARI

5. CENTRAL INSPECTORATE FOR FRAUD REPRESSION STATE ENFORCING AUTHORITY MISSION Consumer protection Ensuring fair competition (producer protection) Protection of Made in Italy products Quality controls at customs Fight against the irregular marketing of agri-food products coming from other EU Member States and from Third Countries Roberto Altini ICRF Ufficio di BARI

6. CENTRAL INSPECTORATE FOR FRAUD REPRESSION STATE ENFORCING AUTHORITY FRAUD PREVENTION AND REPRESSION AGRI-FOOD PRODUCTS INPUTS COUNTERFEIT CONTAMINATION ADULTERATION LABELLING COMMUNITY AID Roberto Altini ICRF Ufficio di BARI GMOs

7. INSPECTIONS & SURVEILLANCE QUALITY PRODUCTS “QWPSR” (quality wine produced in specified regions) (DOC – DOCG) Table wine with a Geographical Indication PDOs (protection of designation of origin) and PGIs (protection of geographical indication) ORGANIC FARMING FOODSTUFFS INPUTS Roberto Altini ICRF Ufficio di BARI

8. FOOD FRAUD is classified according to its effects on the composition and/or presentation of the product COMMERCIAL FRAUD: purchasers receive a product which is in origin, provenance, quality or quantity different from what was previously declared or agreed • COUNTERFEIT: evocation or replacement (falsification) of a product with another of lower value but presenting similar macroscopic characteristics • E.g. Seed oils sold as extra-virgin oils. • CONTAMINATION: modification of the natural or legal composition of foodstuffs with the addition of foreign substances • E.g. Wines obtained by using sugar-based substances different from those present in grapes ADULTERATION: variation of the natural composition of products without adding other substances • E.g. Skimmed milk sold as whole milk Roberto Altini ICRF Ufficio di BARI

9. The Central Inspectorate for the Repression of Fraud (ICRF) is organized in DEPARTMENTS (Law n. 231 of 11 November 2005) HEAD OF DEPARTMENT CENTRAL ADMINISTRATION • Directorate-General – Planning, Inspection co-ordination and Testing Laboratories • Directorate-General - Sanctions, General Affairs, Personnel and Budget LOCAL ADMINISTRATION – INSPECTION ACTIVITY LABORATORIES – TESTING ACTIVITY • Executive Offices and Laboratories Roberto Altini ICRF Ufficio di BARI

10. HEAD OF DEPARTMENT OFFICE I/D OFFICE I/A OFFICE I/T • DIRECTORATE-GENERAL • (DGA) • SANCTIONS, GENERAL AFFAIRS, PERSONNEL AND BUDGET • DIRECTORATE-GENERAL • (DGT) • PLANNING, • INSPECTION CO-ORDINATION AND TESTING LABORATORIES OFFICE II/A OFFICE II/T OFFICE III/A OFFICE III/T OFFICE IV/A OFFICE IV/T OFFICEI/D is directly under the Head of Department and Is responsible for: • GENERAL CO-ORDINATION and relations with other Ministry’s Departments, Offices and Administrations; • Allocation of human, financial and technical RESOURCES; • Monitoring of national and Community LEGISLATION in the institutional sectors falling within the competence of the Inspectorate and LEGALADVISE ; • INSTITUTIONAL COMMUNICATION Roberto Altini ICRF Ufficio di BARI

11. DGT is organized in 4 central executive offices that guarantee the functioning of the inspection and testing areas: • OFFICE I/T: PLANNING of activities, MONITORING and evaluation • OFFICE II/T: Direction, CO-ORDINATION and supervision of the LOCAL OFFICES activities • OFFICE III/T: Promotion and CO-ORDINATION of national control measures also IN COOPERATION WITH otherinspection bodies • OFFICE IV/T: Direction, CO-ORDINATION and supervision of LABORATORIES DGA is organized in 4 executive offices with the following functions: • OFFICE I/A: ADMINISTRATIVE SANCTIONS and relative CLAIMS; • OFFICE II/A: General Affairs, BUDGET and expense management; • OFFICE III/A: STAFF rates of pay and legal status • OFFICE IV/A: Staff Education and TRAINING Roberto Altini ICRF Ufficio di BARI

12. LOCAL ADMINISTRATION – INSPECTION ACTIVITY INSPECTIONS COVERING THE WHOLE NATIONAL TERRITORY THROUGH 12 EXECUTIVE OFFICES 15 LOCAL OFFICES LABORATORIES – TESTINGACTIVITY 5 LABORATORIES TESTING OF COLLECTED SAMPLES 1 CENTRAL LABORATORY REVIEW TESTING RESEARCH ACTIVITIES Roberto Altini ICRF Ufficio di BARI

13. PLANNING OF ACTIVITIES • INITIATIVESto take according to risk factors identified on the territory of competence • PROGRAMS concerning some specific COMMODITY SECTORS identified by our Administration • CONTROLS IMPOSED BY A SPECIFIC REGULATION: Olive oils - feedingstuffs – EC butter • SPECIAL INVESTIGATIONS: market crisis Roberto Altini ICRF Ufficio di BARI

14. TASKS AND POWERS ICRF (Central Inspectorate for Fraud Repression) STAFF: • Have the status of Criminal Investigation Department Officer and/or Constable performing their functions with all powers and responsibilities given by law to the Criminal Investigation Department • Have free access to places where foodstuffs are kept (even at night) and can collect samples to prevent and combat infringement of the law in preparing and marketing agri-food products and substances used in agriculture Roberto Altini ICRF Ufficio di BARI

15. The STAFF can: GATHER INFORMATION INSPECT PROPERTIES AND PLACES OTHER THAN PRIVATE DWELLINGS CARRY OUT IDENTIFICATION, DESCRIPTIVE AND PHOTOGRAPHIC SURVEYS CONFISCATE IRREGULAR PRODUCTS TAKE ACTIONS ACCORDING TO THE INSTRUCTIONS GIVEN BY THE LEGAL AUTHORITY COLLECT SAMPLES Roberto Altini ICRF Ufficio di BARI

16. Roberto Altini ICRF Ufficio di BARI

17. Roberto Altini ICRF Ufficio di BARI

18. Roberto Altini ICRF Ufficio di BARI

19. 2005 ICRF ACTIVITY IN ITALY Roberto Altini ICRF Ufficio di BARI Source: ICRF (2006) ICRF Activity–2005

20. 2005 ICRF ACTIVITY IN THE ITALIAN • ORGANIC FARMING SECTOR Source: ICRF (2006) ICRF Activity–2005 Roberto Altini ICRF Ufficio di BARI

21. OTHER INSPECTION BODIES • “CARABINIERI” FOR AGRICULTURAL POLICIES • Special controls on the allocation and access to Community aid in the agri-food, fishery and fish farming sectors • STATE FOREST RANGERS • Landscape and environment protection • Control of the agri-food sector • CARABINIERI FOR HEALTH CARE • Hygienic and sanitary controls • CUSTOMS AGENCY • Trade flow monitoring • FINANCIAL POLICE • Document and fiscal inspections • ROAD POLICE • Support to road control • PROTECTIION ORGANIZATIONS • Control of QWPSR (DOC e DOCG) • Control of PDOs and PGIs Roberto Altini ICRF Ufficio di BARI

22. INSPECTION OF ICRF IN ORGANIC FARMING Roberto Altini ICRF Ufficio di BARI

23. Roberto Altini ICRF Ufficio di BARI * I.b. = Inspection bodies

24. Every year, it sends to the EU a list of operators and approved inspection bodies and supervision report Roberto Altini ICRF Ufficio di BARI

25. Roberto Altini ICRF Ufficio di BARI

26. Drawing up a list of organic operators subdivided in three different categories: “producers" (“organic farms“ - “farms in conversion“ - “mixed farms“) “preparators" (users of organically certified products) , “harvesters of wild products“ Roberto Altini ICRF Ufficio di BARI

27. Interventions made by Inspection bodies within their inspection activities Ministerial notifications, production programs, stock records and financial accounting administrative Under the responsibility of the operator inspective Technicians visit operators analytic Laboratory analyses for the search of possible pesticides Non-conformance surveying Accredited by public or authorized private Institutions Demand for remedial actions SINAL ( National Laboratory Accreditation System) Roberto Altini ICRF Ufficio di BARI

28. INSPECTION “activity made by specialized bodies that certify and guarantee the full compliance with regulations and disciplinary laws of production relative to the entire production cycle of organic products” SUPERVISION “assessment of compliance of the work done by the Inspection bodies with the Regulation EEC 2092/91, with the Executive order 220/95, especially referring to the technical requirements of Inspection bodies themselves and to the observation of obligations as provided for in the regulation in force” Roberto Altini ICRF Ufficio di BARI

29. ICRF role within the inspection system in organic farming OBJECTIVES • Checking the compliance of organic productions with the provisions of national and Community regulations • Protecting operators from possible fraudulent behaviours aiming at declaring as organically- certified those technical means and/or foodstuffs which have been conventionally produced • Supervising the Inspection bodies Roberto Altini ICRF Ufficio di BARI

30. ICRF role within the inspection system in organic farming CONTROL of OPERATORS • Drawing up a list of operators subject to the inspection procedure • Noting the existence of areas destined to the storage of organic products • Examining farm cards filled in by the Inspection bodies and farm fiscal documents • Controlling certificates released by the Inspection bodies relative to the purchased raw materials Roberto Altini ICRF Ufficio di BARI

31. ICRF role within the inspection system in organic farming CONTROL of OPERATORS • Authorizing the printing of labels and assessing the correctness of the labelling system for traceability • Acquiring the last few inspection reports drafted by the Inspection bodies • Community aid Roberto Altini ICRF Ufficio di BARI

32. ICRF role within the inspection system in organic farming CONTROL OF IMPORTERS • Importers from countries which do not work in a system of mutual recognition: ministerial authorization to import • Import certificates: checking their compliance with Regulation EC n. 1788/2001 and their right drawing up Roberto Altini ICRF Ufficio di BARI

33. ICRF role within the inspection system in organic farming CONTROL OF SCHOOL CANTEENS • Standard specifications • Correct separation of raw materials in case the supplier manipulates or stores both conventional and organic foodstuffs • Correct labelling and packaging of prepacked meals • Presence in the storing areas of possible unauthorized additives used during food preparation Roberto Altini ICRF Ufficio di BARI

34. ICRF role within the inspection system in organic farming TYPOLOGY OF CONTROLLED PRODUCTS • Extra-virgin olive oils • Food pastes • Fresh and processed fruits and vegetables • Animal-origin products (milk, cheese, eggs, etc.) • Confectioneries • Inputs Roberto Altini ICRF Ufficio di BARI

35. ICRF role within the inspection system in organic farming SAMPLE COLLECTION • Extra-virgin olive oil • Cereals and derivates • Fresh and processed fruits and vegetables • Inputs (fertilizers – feedingstuffs) WAYS TO SELECT OPERATORS • Lists of operators supplied by Regional Governments Roberto Altini ICRF Ufficio di BARI

36. ICRF role within the inspection system in organic farming EXAMPLES OF DISCOVERED FRAUD • Public supply fraud assessed in public canteens for the administration of conventional products declared as being organic • Fraud in commercial transactions deriving from the false declaration of the organic origin of conventional foodstuffs (fruits and vegetables – cereals) • Irregular labelling showing false indications referring to the organic production Roberto Altini ICRF Ufficio di BARI

37. ICRF role within the inspection system in organic farming EXAMPLES OF DISCOVERED FRAUD • Farm registers absent and/or irregularly kept • Irregularities relative to the certificates and to the completed tax forms of products • Presence of residues of active ingredients in the analysed samples • Fertilizers destined to organic farming obtained by using hazardous wastes that are highly polluting Roberto Altini ICRF Ufficio di BARI

38. ICRF role within the inspection system in organic farming PROBLEMS • Difficulties in drawing up a list of the stocks since operators are not obliged to update the special accounts as provided for in the Decree 17/3/1995, n.220 • Special accounts are sometimes unclear and do not allow to extrapolate – in a shot time – the organic stocks. In some cases, we noticed that this activity is only a prerogative of the Inspection body chosen and it is therefore intelligible • Inspection bodies do often behave in a non-uniform manner as for the special document and farm papers and/or registers supplied to the operators. Former Annex V.4 Decree 220/95 Roberto Altini ICRF Ufficio di BARI

39. ICRF role within the inspection system in organic farming PROBLEMS • Promiscuity between organic products and conventional ones because they are kept in non-separated areas • Certifying bodies apply different inspection methods Roberto Altini ICRF Ufficio di BARI

40. SANCTIONS Roberto Altini ICRF Ufficio di BARI

41. In Italy, there are no specific penalties (administrative or criminal)for the infringement of Regulation EEC n. 2092/91 Roberto Altini ICRF Ufficio di BARI

42. The Inspection body is responsible for taking the necessary actions, informing the Inspection Authorities and notifying the ICRF that reported the problem Roberto Altini ICRF Ufficio di BARI

43. Roberto Altini ICRF Ufficio di BARI

44. Misleading reference to the organic method of production Article 2 Regulation EC 2092/91 – Regulation EC 392/2004: indications referring to the organic method of production: diminutives or derived words; Article 5 paragraph 3 : registered trademarks showing indications referring to the organic method “BIO” is liable to mislead the consumer on the production method The product is not in compliance with the organic production Roberto Altini ICRF Ufficio di BARI

45. GENERAL CONSIDERATIONS ON SAMPLINGDirective 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin Roberto Altini ICRF Ufficio di BARI

46. EQUIPMENT: BAGS / GLOVES / COOL BAGS In Italy SAMPLE = one ALIQUOT. At least 5 aliquots are collected Roberto Altini ICRF Ufficio di BARI

47. EQUIPMENT: BAGS / GLOVES In Italy SAMPLE = one ALIQUOT. Minimum 5 aliquots are collected Roberto Altini ICRF Ufficio di BARI

48. Executive office: Viale Borsellino e Falcone n. 2 - 70124 Bari e-mail: icrf.bari@politicheagricole.it Branch office: Via Bari n.17 – 73100 Lecce e-mail: icrf.lecce@politicheagricole.it www.politicheagricole.it/ICRF/ Thanks for your kind attention 080-5024257 – 080-5024267 e-mail: r.altini@politicheagricole.it Roberto Altini ICRF Ufficio di BARI