Food hygiene in Italy: implementing Reg. (EC) 852/2004

This page is the hub for Italy's implementation of Reg. (EC) 852/2004. It gives the overall picture and links to the detailed pages listed at the bottom.

The division of powers

Italy has a shared health competence. Health protection is a matter of concurrent legislation between the State and the Regions: the State sets the fundamental principles and the penalties, while the Regions organise health services and regulate areas such as food-handler training. As a result, part of the practical application of Reg. 852/2004 is not uniform across the country: the same activity may face different forms, fees and training requirements depending on the region. In our view this is what most often confuses newcomers: the European rule is single, its operational implementation is regional.

Registration and approval

Reg. 852/2004 requires every food business operator to notify each establishment to the competent authority for registration Article 6(2) of Regulation (EC) No 852/2004. In Italy this notification takes the form of a health SCIA (segnalazione certificata di inizio attività) filed with the One-Stop Shop for Productive Activities (SUAP) of the municipality, under the one-stop-shop scheme introduced by Presidential Decree No 160 of 7 September 2010. Establishments handling products of animal origin are instead subject to approval under Reg. (EC) 853/2004 Article 4 of Regulation (EC) No 853/2004, a heavier procedure involving the Region and the Ministry of Health. The distinction between the two is explained in the concept registration vs approval; the Italian SCIA route is detailed in registration and health SCIA.

Self-checking and training

Every food business must put in place self-checking procedures based on HACCP principles Article 5(1) of Regulation (EC) No 852/2004 and ensure the training of staff who handle food Annex II, Chapter XII, point 1 of Regulation (EC) No 852/2004. In Italy, after the abolition of the old "health fitness booklet", training was devolved to the Regions: State-Regions Agreements and subsequent regional resolutions set courses, duration and refresher frequency. The regional picture is covered in training under Annex II, Chapter XII.

Penalties

Reg. 852/2004 contains no penalties of its own: it leaves effective, proportionate and dissuasive measures to the Member States. In Italy the Hygiene Package penalty regime is in Legislative Decree No 193 of 6 November 2007 Article 6 of Italian Legislative Decree No 193/2007, which imposes administrative fines for failure to register, for missing or inadequate self-checking procedures and for hygiene shortcomings. Amounts, the enforcing authority and typical cases are in penalties under Decree 193/2007.

Competent authorities

Official controls are organised under Reg. (EU) 2017/625 Article 4 of Regulation (EU) 2017/625, which repealed the earlier Reg. (EC) 854/2004 and 882/2004. The lead competent authority is the Ministry of Health, but first-line controls are carried out by the ASL/ATS through their Prevention Departments (Food Hygiene and Nutrition Services — SIAN, and veterinary services). The Carabinieri Command for Health Protection (NAS) and, for commercial-quality aspects, the ICQRF also take part. Roles and official contacts are in competent authorities.