On June 23, 2018, legislative decree no. 75 was published in G.U. n. 144, with the de facto recognition of the role of the herbalist. The legislation regulating the cultivation of medicinal plants was particularly dating back, finding its source in Law No. 99 of 1931 which with the aforementioned measure, was repealed. The Council of Ministers, in implementation of the Law on the simplification, rationalisation and competitiveness of the agricultural and agri-food sectors (Law No. 154 of 28 July 2016), has introduced rules on the reorganisation of competences in the system for granting Community aid to which the Agency for Agricultural Payments (AGEA) and the system of approved paying agencies are responsible, as well as on cultivation , collection and first processing of medicinal plants. The Government has proceeded to update the rule on medicinal plants, drafting a draft legislative decree concerning the regulation of the cultivation, harvesting and first transformation of medicinal plants, all the more so given that about 8 million Italians choose to use plants or extracts or spices from use in the kitchen to flavor their dishes to maintain psychophysical well-being. The regulatory impact analysis acknowledges how the medicinal plant sector has seen a significant increase in demand for products related to the sphere of health and well-being (not forgetting the developments in the innovative packaging industry); against this, domestic production has been recorded that meets only 30% of the needs while the remaining 70% of the herbs consumed in Italy come from abroad. The Single Text on the cultivation, harvesting and first processing of medicinal plants, takes on board the conclusions of the Officinal Plant Supply Chain Table, established in 2013, and, taking into account European regulations, adapts the current discipline by giving a new structure to the sector, in order to promote its growth and development and to enhance national productions, while ensuring greater transparency and knowledge to the final consumer. In particular, the Decree provides, first of all, a new definition of medicinal plants, including the establishment of varietal registers of medicinal plant species, listing the medicinal plants allowed for marketing and establishing the procedures and conditions for the certification of seeds; clarifies, then, inequitously that the cultivation, harvesting and first processing of medicinal plants are considered to be agricultural activities in all respects; it regulates spontaneous harvesting, so as to avoid the impoverishment of the areas intended for it and to promote a greater knowledge of the same areas, plants and the environment in which they develop; it states that, by decree of the Minister for Agricultural, Food and Forestry Policies, in agreement with the Permanent Conference on Relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, the Sector Plan of the medicinal plant supply chain must be adopted, which constitutes the strategic programmatic instrument aimed at identifying priority interventions to improve the conditions of production and first processing of medicinal plants , in order to encourage the development of an integrated supply chain from an environmental point of view, to define forms of professional and interprofessional aggregation capable of creating conditions of profitability for the agricultural enterprise and of achieving coordination of research in this field; it also provides for the possibility for regions to establish, in compliance with European Union legislation, brands aimed at certifying compliance with quality standards in the medicinal plant supply chain. The text has obtained the favourable opinion of the Council of State, it enhances and takes into account the indications of the competent parliamentary committees and the comments of the Unified Conference and, for the part relating to the establishment of “Collective Marks for the identification of medicinal plants” aimed at certifying compliance with quality standards in the medicinal plant supply chain, which constitutes a technical rule since it provides for provisions whose observance is mandatory de jure , of the Opinion of the European Commission.
L'autocontrollo aziendale secondo il sistema dell'H.A.C.C.P. applicato ai prodotti erboristici. Il d.lgs. n. 231/2017: il nuovo regime sanzionatorio per l'etichettatura alimentare e sua applicabilità al settore erboristico
DOMENICO APICELLA
2021-01-01
Abstract
On June 23, 2018, legislative decree no. 75 was published in G.U. n. 144, with the de facto recognition of the role of the herbalist. The legislation regulating the cultivation of medicinal plants was particularly dating back, finding its source in Law No. 99 of 1931 which with the aforementioned measure, was repealed. The Council of Ministers, in implementation of the Law on the simplification, rationalisation and competitiveness of the agricultural and agri-food sectors (Law No. 154 of 28 July 2016), has introduced rules on the reorganisation of competences in the system for granting Community aid to which the Agency for Agricultural Payments (AGEA) and the system of approved paying agencies are responsible, as well as on cultivation , collection and first processing of medicinal plants. The Government has proceeded to update the rule on medicinal plants, drafting a draft legislative decree concerning the regulation of the cultivation, harvesting and first transformation of medicinal plants, all the more so given that about 8 million Italians choose to use plants or extracts or spices from use in the kitchen to flavor their dishes to maintain psychophysical well-being. The regulatory impact analysis acknowledges how the medicinal plant sector has seen a significant increase in demand for products related to the sphere of health and well-being (not forgetting the developments in the innovative packaging industry); against this, domestic production has been recorded that meets only 30% of the needs while the remaining 70% of the herbs consumed in Italy come from abroad. The Single Text on the cultivation, harvesting and first processing of medicinal plants, takes on board the conclusions of the Officinal Plant Supply Chain Table, established in 2013, and, taking into account European regulations, adapts the current discipline by giving a new structure to the sector, in order to promote its growth and development and to enhance national productions, while ensuring greater transparency and knowledge to the final consumer. In particular, the Decree provides, first of all, a new definition of medicinal plants, including the establishment of varietal registers of medicinal plant species, listing the medicinal plants allowed for marketing and establishing the procedures and conditions for the certification of seeds; clarifies, then, inequitously that the cultivation, harvesting and first processing of medicinal plants are considered to be agricultural activities in all respects; it regulates spontaneous harvesting, so as to avoid the impoverishment of the areas intended for it and to promote a greater knowledge of the same areas, plants and the environment in which they develop; it states that, by decree of the Minister for Agricultural, Food and Forestry Policies, in agreement with the Permanent Conference on Relations between the State, the Regions and the Autonomous Provinces of Trento and Bolzano, the Sector Plan of the medicinal plant supply chain must be adopted, which constitutes the strategic programmatic instrument aimed at identifying priority interventions to improve the conditions of production and first processing of medicinal plants , in order to encourage the development of an integrated supply chain from an environmental point of view, to define forms of professional and interprofessional aggregation capable of creating conditions of profitability for the agricultural enterprise and of achieving coordination of research in this field; it also provides for the possibility for regions to establish, in compliance with European Union legislation, brands aimed at certifying compliance with quality standards in the medicinal plant supply chain. The text has obtained the favourable opinion of the Council of State, it enhances and takes into account the indications of the competent parliamentary committees and the comments of the Unified Conference and, for the part relating to the establishment of “Collective Marks for the identification of medicinal plants” aimed at certifying compliance with quality standards in the medicinal plant supply chain, which constitutes a technical rule since it provides for provisions whose observance is mandatory de jure , of the Opinion of the European Commission.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
