Summary

Law 3 maggio 1971 n. 419


 Art. 1.

Control on observance of the arrangements concerning trade in eggs, foreseen by regulation n.1619/68 adopted by the Council of Ministers of the European Economic Community on 15 October 1968 and the relative regulation of application n.95/69 adopted by the commission of the European Economic Community on 17 January 1969, as well as arrangements contained in this law is exercised by central and peripherical organs of the Ministry of agriculture and forests, which utilizes organs put in charge by the laws in force on controls for the repression of fraud in the preparation and trade in agricultural products.
In performing the functions they are responsible for, the regions provide for what is the object of this law in coordinating their own specific activity with the Ministry of agriculture and forests.
No changes are made as regards observance of the health norms in effect and the duties of the health administration.
The organs stated in the preceding first sub-paragraph exercise the controls foreseen by the stated regulations n.1619/68 and n.95/69 also for the importation of eggs from countries from third countries in the European Community and exportation towards third countries of packaged eggs.

Art. 2.
The duties of classification of eggs in categories of quality and weight, established by E.E.C. regulations n.1619/68 and 95/69 can be undertaken by single companies and producers and associates who, in possession of the prescribed requisites, are authorized by the Ministry of agriculture and forests to function as centres of packaging.
The owners of avicultural firms, single or associated, which dedicate their business or that of their family, directly and normally, in a prevalent manner, to the rearing of avicultural species, are considered agricultural entrepreneurs.
Authorization is issued at the demand of those interested, to be presented to the provincial inspectorate of agriculture responsible for the territory, by the Ministry of agriculture and forests which, having heard the views of the regional organs responsible, provide accordingly with their own decree, prior to a control of the validity of the necessary requisites. This control is referred to a provincial commission composed of the chief of the provincial inspectorate of agriculture, who is in charge of it, the provincial veterinary surgeon, three representatives of the category concerned, respectively two of the direct producers and one of the traders, indicated by the chamber of commerce, industry, artisans and agriculture, and a representative designated by the provincial administration. The functions of secretary of the commission are carried out by an official of the provincial inspectorate of agriculture.
For the members and secretary of the provincial commission a token of attendance will be remitted in accordance with law n.417 of 5 June 1967 and to those with the right, indemnity from the mission and reimbursement of travel expenses.
The expenses for the work of the commission will be subject to the normal allocations written in item 1184 of the state of estimate of the expenditure of the Ministry of agriculture and forests for the financial year 1971 and the corresponding items in subsequent years.
Authorization is revoked should the aforementioned commission ascertain at any moment that the requisites do not exist for complete functioning of the packaging centres.
Companies and producers authorized to operate as centres of packaging are enrolled in a list held by the Ministry of agriculture and forests which transmits a copy to the Ministry of Industry, commerce and craftsmen and that of health.
Issue of authorization as stated in the preceding sub-paragraphs is subject to payment for every solar year or fraction, of the tax of government concession to be paid in the normal way, of 30,000 lire for the centres of daily working potentiality of less than 10,000 eggs, 250,000 lire for the centres of daily working potentiality from 10,000 to 50,000 eggs and 500,000 lire for the packaging centres of greater working potentiality.
For all the centres managed by agricultural entrepreneurs, single or associates in cooperative, the government concession tax is reduced by half.
The daily working potentiality of the packaging centres must result from the provisions of authorization.

Art. 3.

The Ministry of agriculture and forests provide for the organization of courses of professional instruction in order to have qualified personnel employed in the control service and at the packaging centres.

Art. 4.

The wrappers and labelling devies, foreseen by art.17 of E.E.C, regulation n.1619/68 and articles 6, 7 and 8 of E.E.C. regulation n.95/69 are predisposed by the Ministry of agriculture and forests and are supplied with the indication of the progressive number to the packaging centres which pay the amount fixed by the norms as per the subsequent art.9. The proceeds are destined for financing the specific controls for application of this law.
For fulfilment of the controls as per the preceding sub-paragraph the Ministry of agriculture and forests can also employ personnel from outside its administration. The centres of packaging provide for the collection of the eggs directly from the producers or employ collectors in possession of the certificate foreseen by art.121 from the sole text of the laws on public security approved with royal decree 18 June 1931 n.773 and authorized by the chief of the provincial inspectorate of agriculture at the proposal of the centres of packaging on behalf of whom they operate.

Art. 5.

On condition that the fact is not foreseen as an offence by the penal code or other laws, the administrative sanction of payment of a sum is applied:
  1. from 300,000 to 800,000 lire at the expense of whoever effects the classification of eggs in categories of quality and weight without authorization as per the preceding art.2 first sub-paragraph;
  2. from 100,000 to 500,000 lire against packaging centre owners who classify the eggs in violation of the norms as per articles 6 (point 1), 7 (point 1), 8 and 10 of the E.E.C. regulation n.1619/68;
  3. from 50,000 to 200,000 lire against:
    a) owners of packaging centres and collectors who do not observe, in collecting the eggs from the producer, the terms fixed by art. 4 (point 2), of E.E.C. regulation n.1619/68;
    b) collectors who, in violation of the norm art.4 (point 2), of E.E.C. regulation n.1619/68, do not deliver the eggs to the packaging centre by the third working day following that of collection;
    c) owners of packaging centres who do not keep an updated list of its own egg suppliers, in conformity with art.5 (point 1)of E.E.C. regulation n.1619/68;
  4. from 100,000 to 400,000 lire at the expense of:
    a) whoever subjects eggs of category A to treatments of cleaning, conservation or refrigeration in contravention of norms as per art. 7 (points 2 and 3) of E.E.C. regulation n.1619/68;
    b) cwhoever violates norms as per art. 9 of E.E.C. regulation n.1619/68 regarding trade in eggs of category C and incubated eggs classified in this category as presribed by art.6(point 2) of E.E.C. regulation n.1619/68;
  5. from 100,000 to 500,000 at the expense of whoever sells, keeps for sale or otherwise puts on the market packaged eggs not carrying wrappers and packaging devices or indications which conform to articles 17, 18, 19 and 23 of E.E.C. regulation n.95/69;
  6. from 50,000 to 300,000 as regards whoever sells, keeps for sale or in any case puts on the market eggs which do not conform to indications carried on the wrappers or packaging devices or on the same packaging in conformity to what is established in articles 17, 18, 19 and 23 of E.E.C. regulation n.1619/68 or trade-marks affixed to them as per articles 12, 13 and 23 of the same E.E.C. n.1619/68 and art. 9 of E.E.C.regulation n.95/69;
  7. from 10,000 to 100,000 lire against whoever, both in the phase of classification and commercialization, mixes chicken eggs with those of other species, violating the norm as per art.3 of E.E.C. regulation n.1619/68;
  8. from 50,000 to 200,000 lire at the expense of whoever violates the norms prescribed by art.20 of E.E.C. regulation n.1619/68 concerning displaying eggs for sale or putting them on retail sale;
  9. from 100,000 to 600,000 lire at the expense of whoever:
    a) violates the provisions of articles 14,15 and 21 of E.E.C. regulation n.1619/68;
    b) violates the provisions of articles 3 and 4 of E.E.C. regulation n.95/69.
IIn the case of relapse the administrative sanctions as per the preceding sub-paragraph will be increased from one third to one half; in case of relapse, authorization is revoked as per the preceding sub-paragraph and cancellation from the list will be ordered in accordance with the preceding art.2, fourth last sub-paragraph.

Art. 6.

The personnel employed to ensure observation of this law report to the relevant judial authority any offence as foreseen by the provisions of the law in force which, in any case is brought to their attention, in order that it has bearing on the discipline of trade in eggs.
DThis personnel, having ascertained the breaches to which this law connects administrative sanctions, must:
  1. when possible immediately contest the breach ascertained;
  2. if immediate contestation is not possible, notify the breach within thirty days to those concerned by means of a town-hall usher;
  3. ttransmit, in any case, a copy of the report to the territorial prefect responsible, in relation to the place in which the breach has been ascertained.
The transgressor is allowed to pay within five days of the contestation or notification, at the relevant registry office, a sum equal to the minimum of the sanction foreseen, with redeeming effect.
QWhen payment is not made in accordance with the preceding sub-paragraph, the prefect, on deeming the contestation as founded and having heard the person concerned, where the latter has not made a request within fifteen days of the contestation or notification, determines, having heard the chief of the provincial inspectorate of agriculture responsible, the sum due for the breach, taking into account the gravity of the breach, and orders the obligation to pay at the registry office the same sum within thirty days of notification.
The injunction constitutes an executive title. Against it, within the terms pre-arranged for payment, the person concerned can appeal to the magistrate of the place in which the breach has been ascertained.
Exercising this action befoe the magistrate does not suspend the forced execution on the assets of those against whom the injunction has been emitted, unless the judicial authority decides to act differently.
In the proceedings of opposition, the opponent may be judged without a defence lawyer nothwithstanding the provisions of art.82, second sub-paragraph, of the penal code procedure. The relative decision is not subject to the formality of registration.
Opposition is proposed through appeal. The magistrate fixes the hearing to be held within a term of twenty days, and arranges for notification of the appeal and the decree, to be effected by the chancellery. The sentence deciding the controversy has no appeal.
Save for the provisions of the preceding sub-paragraphs, at the end of the term pre-fixed for payment, for collection of the sums due the procedure is through forced execution with observation of the norms of the sole text approved by royal decree 14 April 1910, n.639, on co-active collection of estate dues of the State and other public bodies.
The obligation to pay sums as administrative sanctions for breach of dispositions contained in this law is not passed on to heirs.

Art. 7.

Independently of the sanctions foreseen in the preceding art.5, the judge, in pronouncing sentence for the offences foreseen by the dispositions of law which have bearing on trade in eggs sets out:
  1. that the extract of the sentence be published at the expense of the person sentenced on the legal announcement sheet of the province or in a newspaper of agricultural nature with widespread distribution;
  2. that the sentence is affixed to the album of the chamber of commerce, indutry, artisans and agriculture of the council in which the sentenced person resides;
  3. that at the expense of the person sentenced are included also costs of eventual analyses to refund to the analalysing institutes engaged.
Also subject to publication, in accordance with letter a) of the preceding sub-paragraph, at the expense of the transgressor, is any provision with which administrative sanctions are applied in relation to breaches of this law, against which opposition has not been proposed within the terms established. In the case of opposition the above-stated publication is arranged only when the sentence rejecting opposition has become final.
In the case that the transgressor provides for payment of a sum equal to the minimum part of the sanction foreseen, in application of the third point of the preceding art.6, an extract of the report of ascertainment of the breach is published, in the manner foreseen in letter a) of the first point of this article, at the expense of the same transgressor, with measures of the magistrate constituting the executive title, against which appeal is permitted in accordance with the fifth point of the preceding art. 6.

Art. 8.

Not subject to the provisions of this law are the eggs submitted directly to the consumer, for his own personal needs, by the producer, in the place of production, at a local public market or through home sales, on condition that the eggs come from his production, that they are not packed and none of the indications are utilized relative to the categories of quality and weight foreseen by E.E.C. regulation n.1619/68 and 95/69.

Art. 9.

Within three months of this law coming into force, with the decree of the Ministry of agriculture and forests, the formalities relative to the predisposition and distribution of wrappers and labelling devices and whatever else is required for the application of this law will be fixed.
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