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On
18th January 2000, Law no 526 of 21st
December 1999: Directions on maters of compliance deriving from
Italian membership of the Enropean Community European Community
Law 1999 was published in the Ordinary Supplement to the
Official Gazette no. 13. We shall attempt to analyze the
amendments made to the decree and the way in which they can
facilitate compliance by the business operator.
1-Paragraph
three of Sec. 3 of Legislative Decree 155/97 is replaced by the
following:
“3
The management representative of the industrial food enterprises
engaged in the production transport, distribution sale and
direct service of food products to consumers must keep a
document (the company’s internal control plan) listing the
critical phases defined in paragraph two as identified by the
same representative and the relative control procedures he
intends to adopt, as information regarding the application of
procedures for supervision and control of CCP’s and related
results which must be made available to the designated
inspection authority on dermand even in the absence of manuals
as specified in Sec. 4 (editor’s note: manuals for proper
hygienic practice approved by the Ministry of Health)
The
new amendment states that the use of manuals for proper hygienic
practice approved by the Ministry of Health is not mandatory but
that it is mandatory to keep an official document entitled
“Enterprises Internal Control Plan” that identities all the
hazards that is to say everything that is harmful to human
health observable and identifiable in the various steps of the
production and/or transformation process. It is also necessary
to identify in documentary form all the systems and monitoring
of controls performed.
It
is not possible to mandate execution of every type of chemical
or decide which tests to perform in verifying the effectiveness
of the proposed internal control plan.
2-The
amended decree states essentially that changes to the provisions
of Sec. 3 may be effected by order of the Ministry of Health
upon performance of European Community mandated procedures
issued either directly or in response to a justifiable request
received from the management representative of the industrial
food enterprises or from the representative of a products
association.
3-The
amended decree sets forth procedures for the recognition of
testing laboratories not connected with industrial food
enterprises:
that
is to say when in the course of implementing the internal
control procedure mandated by Sec. 3 of Legislative Decree
155/97, the management representative with responsibility for
the internal control plan decides to verify the functionality
and effectiveness of the internal control systems by performing
analytical tests on products these can be entrusted to outside
laboratories registered in the official lists of regional and
autonomous provincial authorities (Sec 3 ter).
4-Paragraph
2 of Sec 8 of Legislative Decree 155/97 (levying of
administrative penalties if the management of the industrial
food enterprises fails to correct non-com-pliance or
insufficient
compliance with standards within an appropriate period of
time) is replaced as follows:
The
authorized inspector must list on his report any shortcomings
that are discovered and the corrective measures necessary for
compliance with the standards indicated in this decree. The
inspector my take separate action by levying the penalties
prescribed under paragraph 1 should it transpire that the
management of the industrial food enterprises has not taken
action to comply with the corrective measures ordered after the
fist inspection by a set deadline which in any event shall not
be less than one hundred twenty days after the date of the fist
inspection report.
5-Within
sixty days following enactment of the present law the regional
authorities and the autonomous provincial authorities of Traent
and Bolzano shall independently identify the industrial food
enterprises affected by measures intended to type and size of
the business and the number of employer.
6-The
amended decree states that in the case of business that serve
food and beverage the actual requirements of specific activities
shall be considered when evaluating the terms and conditions
for compliance with the standard in question.
7-Certain
food products requiring and traditional local processing methods
do not comply with European community laws; under the amended
decree neither these nor the processing containers and
preserving techniques essential to the organoleptic properties
of the products can be exported or marketed except in the case
of the traditional products identifiable in accordance with and
pursuant to Sec. 8 of Legislative Decree no. 173 of 30th
April 1998.
8-Direct
sale by single or allied producers or by associations for the
promotion of traditional foods to the final consumer within the
province where the traditional area of production is located
does not constitute marketing.
9-Hotel
shops and restaurants institutional establishments and canteens
must store traditional food products in such a way as to ensure
that neither these no other food products will be contaminated
in accordance with Legislative Decree 155/97 and subsequent
amendments.
10-By
decree of the Ministry of Health a temporary ban on the sale of
traditional products may be ordered in the event of danger to
human health (keep yourself infrmed !!!)
11-The
Government intends to pass one or more legislative decrees
within 24 months following the enactment of this law containing
measures designed to support producers of typical and
traditional foods.
In
conclusion these amendments make it possible for enterprises to
become more independent and to stop perceiving inspection
authorities as health and hygiene terrorists but rather as
persons who will attempt to help business operators take
preventive action. They will attempt to make the business
operator aware of the actual problems faced by his firm and
allow him to implement remedies for any shortcomings in its
H.A.C.C.P. systems within an appropriate amount of time.
To
be honest I also feel duty bound to point out the massive
across-the-board confusion that has arisen over this issue.
After almost three years half of Italian industrial food
enterprises (if it is any consolation other countries are doing
even worse than us) obviously excluding the more important names
still have not fully understood what this H.A.C.C.P. demands of
them Many have done something many are still waiting to get a
clearer idea and only a few have realized that the H.A.C.C.P is
a systems that can improve the quality of our work our product
and our service.
We
must not allow ourselves to be confused by ambiguous messages or
by colleagues with a cavalier attitude nor by any of those who
have perceived this sensible standard as a way to make big money
simply attempt to familiarize yourselves and fully understand
H.A.C.C.P. and you will find out that it is simpler than you
imagined.
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