On the subject of the regulation of food, for the purposes of affirming the liability of the trader for the infringements referred to in Articles 5 and 6 of Law no. 283 of 30 April 1962, in the case of products distributed in original packaging affected by defects pertaining to their intrinsic requisites or to their composition or to the internal conditions of the containers, “qualified” culpability is required, due to the effect of the exemption referred to in Article 19 of the aforementioned law, a “qualified” culpability, deriving from the knowledge of the violation of food hygiene prescriptions or from the omission of signs of alteration present on the original packaging, which can be ascertained on the basis of an external examination (Criminal Cassation, Section III, sentence 19 June 2023, no. 26278).
Article by: Laura Carrara