On the subject of food regulation, for the purposes of the assertion of responsibility of the trader for the contraventions referred to in articles 5 and 6 of Law 30 April 1962, n. 283, in the case of products distributed in original packaging, affected by vices relating to their intrinsic requirements or to their composition or to the internal conditions of the containers, a declaration is required, pursuant to the exemption provided for in art. 19 of the aforementioned law “qualified” guilt, arising from the knowledge of the event violation of the provisions on food hygiene or the failure to take into account signs of alteration present on the original packaging, which can be ascertained on the basis of an external examination (Criminal Court of Cassation, Section III, sentence of 19 June 2023, no. 26278).
Article by: Laura Carrara
