Judgment No. 26278 of 2023: Retailer Liability for Food Products

The recent judgment No. 26278 of April 26, 2023, offers important clarifications on the liability of food retailers, particularly concerning defects in products sold in their original packaging. This decision, issued by the Court of Cassation, falls within the framework of Law No. 283 of 1962, which governs the sale and safety of food products. Let's analyze the main elements of the judgment and its practical implications.

Regulatory Context

Law No. 283 of 1962 is fundamental to ensuring food safety in Italy. Articles 5 and 6 establish contraventions related to the sale of food products that do not comply with hygiene regulations. However, Article 19 of the same law provides for an exemption from liability for retailers, provided that the products are distributed in their original packaging and show no external alterations. The judgment under review aims to clarify what is meant by qualified culpability, which is necessary to attribute liability to the retailer.

The Ruling's Maxim

Regulation under Article 19 of Law No. 283 of 1962 - Products in Original Packaging and Without External Alterations - Retailer's Exemption from Liability – Conditions and Limits. In the context of food regulations, for the purpose of establishing a retailer's liability for contraventions under Articles 5 and 6 of Law No. 283 of April 30, 1962, in the case of products distributed in their original packaging, affected by defects relating to their intrinsic requirements or composition, or the internal conditions of the containers, a "qualified" culpability is required, as a result of the exemption provided by Article 19 of the aforementioned law. This qualified culpability arises from the knowledge of the violation of food hygiene regulations or from the failure to consider signs of alteration present on the original packaging, which are discernible through external examination.

The Court reiterated that qualified culpability is necessary to attribute liability to the retailer. This means that the retailer must be aware of the violation of hygiene regulations or must have ignored evident signs of alteration on the packaging. This aspect is crucial, as it offers protection to retailers who comply with regulations and cannot be held liable for intrinsic product defects.

Practical Implications of the Judgment

This judgment has several implications for retailers and consumers:

• It clarifies the limits of liability for products sold in their original packaging.
• It reaffirms the importance of proper oversight by retailers.
• It provides guidance on the culpability requirements for attributing liability.

In a market increasingly focused on food safety, it is essential for retailers to understand their rights and obligations. Judgment No. 26278 is part of a framework that protects both consumers and retailers, emphasizing the need for adequate vigilance and responsibility.

Conclusions

In conclusion, judgment No. 26278 of 2023 represents a significant step forward in regulating the liability of food retailers. It is essential for professionals in the food sector to stay informed about these regulations to ensure not only legal compliance but also consumer safety. Knowledge of regulations and relevant judgments is fundamental to effectively navigate legal responsibilities in the food trade.