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Draft legislative decree laying down provisions concerning the internal rice market,
implementing Article 31 of Law No 154 of 28 July 2016
THE PRESIDENT OF THE REPUBLIC
HAVING CONSIDERED Articles 76 and 87 of the Italian Constitution;
HAVING CONSIDERED Article 14 of Law No 400 of 23 August 1988 on Government activity
and regulation of the Presidency of the Council of Ministers;
HAVING CONSIDERED Law No 154 of 28 July 2016 granting ‘Powers to the Government and
laying down additional provisions concerning the simplification, rationalisation and
competitiveness of the agriculture and agri-food sectors, as well as penalties for illegal fishing’,
and in particular Article 31 granting powers to the Government to support the rice sector;
HAVING CONSIDERED Royal Decree-Law No 1237 of 2 October 1931, converted into Law
No 1785 of 21 December 1931, establishing the National Agency for Rice [Ente Nazionale Risi]
and assigning specific technical and specialist duties to that entity in the rice sector, including,
inter alia, the support of national rice production to guarantee its quality, as well as the collection
and processing of information on the rice sector, particularly with regard to knowledge and
foresight in terms of national, European and international production trends;
HAVING CONSIDERED Law No 325 of 18 March 1958 ‘Governing the sale of rice’;
HAVING CONSIDERED Regulation (EU) No 1169/2011 of the European Parliament and of the
Council of 25 October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the
Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC,
Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the
Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC)
No 608/2004 Text with EEA relevance;
HAVING CONSIDERED Directive (EU) 2015/1535 of the European Parliament and of the
Council of 9 September 2015 laying down a procedure for the provision of information in the field
of technical regulations and of rules on Information Society services;
HAVING CONSIDERED Regulation (EU) No 1308/2013 of the European Parliament and of the
Council of 17 December 2013 establishing a common organisation of the markets in agricultural
products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No
1037/2001 and (EC) No 1234/2007;
HAVING CONSIDERED Decree of the Minister for Agricultural, Food and Forestry Policies No
3651 of 4 October 2011 concerning the creation and composition of the rice supply chain council,
responsible for entering into supply chain agreements, drawing up plans for the restructuring of
such supply chains and for all problems relating to each supply chain (hereinafter Supply Chain
Council);
HAVING CONSIDERED Decree of the Minister for Agricultural, Food and Forestry Policies No
3175 of 13 May 2006 concerning the creation and composition of an advisory council for rice
market policies (hereinafter Advisory Council) for breaking down and carefully analysing
community and market policies in the rice sector, as well as for drawing up proposals that may be
beneficial to forming the national position;
HAVING CONSULTED the Supply Chain Council on the provisions contained in this draft
legislative decree;
HAVING HEARD the Advisory Council, which discussed the text of the draft legislative decree
and gave its unanimous consent;
HAVING CONSULTED the Permanent Conference for relations between the State, the regions
and autonomous provinces of Trento and Bolzano expressed at the meeting of …… 2017;
HAVING CONSULTED the competent committees of the Chamber of Deputies and of the
Senate of the Republic;
HAVING CONSIDERED the preliminary decision of the Council of Ministers adopted at the
sitting of …..;
AT THE PROPOSAL of the Ministers for Agricultural, Food and Forestry Policies and for
Justice, in agreement with the Minister for Economic Development.
HEREBY ISSUES
the following legislative decree:
Article 1
(Scope of application and definitions).
1. This decree applies to the product obtained from raw rice intended for the final consumer and sold
or placed on the market or otherwise made available within the national territory for human
consumption.
2. This decree does not apply to products protected by a quality system known within the European
Union, nor to products intended to be marketed in other countries.
3. The following definitions and their explanations are used in this decree:
a) ‘rough rice’ means the seed of the rice plant (Oryza sativa, L.) still enveloped by husks called
the ‘hull’;
b) ‘husked (or wholegrain) rice’ means the product obtained from the milling of rough rice with
the complete removal of the hull. The milling process can result in nicks in the pericarp;
c) ‘rice’ means the product obtained from the processing of rough rice with the complete removal
of the hull and the subsequent partial or complete removal of the pericarp and germ.
Article 2
(Classification of rice and naming of the food).
1. Rice is classified into the following groups:
a) short grain, round grain or Originario rice;
b) medium grain rice;
c) long grain rice A;
d) long grain rice B.
2. The definitions of the groups referred to in paragraph 1 and the qualitative characteristics of the
grains are indicated in Annex 1. For husked (or wholegrain) rice, the biometric parameters are to
be considered as relating to grains from the corresponding milled rice.
3. The food name comprises the name of one of the groups indicated in paragraph 1. The food name
may be accompanied by the name of all of the rice varieties listed and described in the register
referred to in Article 5 from which rice is obtained and which are not the traditional varieties
referred to in Article 4(2).
4. The names of the varieties of rough rice may not be used on packaging unless they are also
indicated in the food name.
5. On packaging, the use of fantasy names is allowed and it is permitted to state that the product has
particular characteristics provided that such indications are not in conflict with the food name and
do not mislead the consumer as regards the nature, identity, quality or composition of the product,
in accordance with Articles 7 and 36 of Regulation (EU) 1169/2011.
6. The food name must also include:
a) the indication ‘semi-milled’ or ‘wholegrain’ or ‘husked’ if the processing applied is different
from that indicated in Article 1(3)(c);
b) the specific treatment applied;
c) the colour of the pericarp, if different from the normal whitish colour and if due to the
hereditary characteristics of the husked rice variety from which the rice was obtained.
7. The food name ‘coloured rice blend’ is used for the product obtained from two or more varieties
of rough rice which have different pericarp colours and which belong to different groups and/or
have undergone different processes and/or treatments. It is prohibited to mix white rice and
parboiled rice if the mixture does not also contain coloured rice.
8. The product packaging referred to in paragraph 7 must not contain any reference to the groups
referred to in paragraph 1, but may contain the names of all varieties which make up the blend.
Article 3
(Provisions guaranteeing the quality of rice placed on the market or permitted for consumption).
1. The name ‘rice’ is reserved for the products referred to in Article 1(3)(b) and (c).
2. It is prohibited to sell, place on the market or otherwise make available for consumption, as human
food and under the name ‘rice’, any product that does not satisfy the quality characteristics
referred to in Annex 4.
3. The foregoing is without prejudice to the jurisdiction of the regions and autonomous provinces of
Trento and Bolzano to issue provisions concerning the production and specific territorial nature of
the food products referred to in this decree.
4. The product analysis methods used are indicated in Annex 5.
Article 4
(Traditional varieties).
1. The food names listed in Annex 2 are created.
2. The food names referred to in paragraph 1 are reserved for the product obtained from the
processing:
a) of the rough rice variety described in the register referred to in Article 5, kept by the National
Agency for Rice;
b) of a rough rice variety that satisfies the characteristics indicated in Annex 2, listed and
described in the register referred to in Article 5, kept by the National Agency for Rice.
3. For the products referred to in paragraph 2, only those food names referred to in paragraph 1 may
be used. For that product, the food names referred to in Article 2(1) may not be used.
4. The food name referred to in paragraph 1 must also include:
a) the indication ‘semi-milled’ or ‘wholegrain’ or ‘husked’ if the processing applied is different
from that indicated in Article 1(3)(c);
b) the specific treatment applied.
5. The indication ‘classic’ is permitted only in combination with the food name for the products
referred to in paragraph 2(a) for which traceability of the variety is guaranteed. The conditions for
use of the indication ‘classic’ referred to in the previous paragraph and the criteria for verifying
variety traceability are to be established by decree of the Minister for Agricultural, Food and
Forestry Policies, in agreement with the Minister for Economic Development, to be adopted
within ninety days from the entry into force of this decree.
Article 5
(Variety register).
1. The National Agency for Rice has created a register for listing and describing varieties:
a) whose name may be accompanied by the food name referred to in Article 2(3);
b) that may have the names referred to in Article 4.
2. Annex 3 lays down the procedures for keeping and updating the register.
Article 6
(Use of collective marks).
1. With reference to rice permitted to use collective marks, the indications referred to in the related
use regulations may be given on packaging and in the food name.
Article 7
(Checks).
1. The Ministry of Agricultural, Food and Forestry Policies and the National Agency for Rice shall
conduct checks on the application of the provisions of this decree.
2. The provisions of this article are to be implemented using the tools and human and financial
resources available under the existing legislation and in any event without any new or increased
costs to the state budget.
Article 8
(Penalties).
1. Notwithstanding cases in which a criminal offence has been committed, any violation of the
provisions of Article 2(4) of this decree shall be punished with a fine of between EUR 600 and
EUR 3 500;
2. Notwithstanding cases in which a criminal offence has been committed, any violation of the
provisions of Article 3(2) of this decree shall be punished with a fine of between EUR 1 000 and
EUR 5 000;
3. Notwithstanding cases in which a criminal offence has been committed, any violation of the
provisions of Article 4(2), (3), (4) and (5) of this decree shall be punished with a fine of between
EUR 1 000 and EUR 5 000;
4. Notwithstanding cases in which a criminal offence has been committed, anyone who uses, in the
name or presentation of a product, signs which show marks (including collective marks) that may
mislead the consumer as regards the origin and quality of the rice shall be punished with a fine of
between EUR 2 000 and EUR 8 000.
Article 9
(Competent authority).
1. The penalties referred to in this decree are to be imposed by the Department of Central
Inspectorate for Fraud Repression and Quality Safeguarding of Agri-Food Products of the
Ministry of Agricultural, Food and Forestry Policies.
2. The ascertainment of violations and application of penalties provided for in this decree shall be
subject to the provisions of Law No 689 of 24 November 1981 and its implementing regulations,
as well as, where applicable, to the provisions of Article 1(3) and (4) of Decree-Law No 91 of 24
June 2014, converted with amendments by Article 1(1) of Law No 116 of 11 August 2014.
Article 10
(Method of payment).
1. Amounts due by way of the administrative penalties provided for in this decree are to be made to
the regional State Treasuries referred to in the relevant chapter of Part XVII of the state budget
forecast, to be reassigned one hundred per cent to a relevant chapter of the budget of the Ministry
of Agricultural, Food and Forestry Policies, to be allocated to research and experimentation in the
fight against fraud in the agri-food industry.
2. The Ministry of Economy and Finance is authorised to make any necessary changes to the budget
by way of specific decrees.
Article 11
(Mutual recognition clause).
1. Notwithstanding application of the European legislation in force, the provisions of this decree
shall not apply to food products legally manufactured or placed on the market in another Member
State of the European Union or in Turkey, nor to products legally manufactured in an EFTA
Member State party to the Agreement on the European Economic Area (EEA).
2. The foregoing is without prejudice to the right to make a decision, in accordance with Article 2(1)
of Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008, if
the competent authorities are able to prove, by applying the procedures established in the aforesaid
regulation, that a specific product legally manufactured in an EFTA Member State, party to the
Agreement on the European Economic Area (EEA), does not guarantee a level of protection
equivalent to that required by this legislation.
Article 12
(Provisional measures).
1. The packaging of rice shall be permitted in accordance with the provisions of Law No 325 of 18
March 1958 for a period of 12 months starting from the date of entry into force of this decree.
2. Rice packaged in accordance with paragraph 1 above may be sold until stocks are depleted.
Article 13
(Final provisions).
1. The annexes to this decree may be amended by decree of the Minister for Agricultural, Food and
Forestry Policies, in agreement with the Minister for Economic Development.
2. Law No 325 of 18 March 1958 shall be repealed 12 months from the date of entry into force of
this decree.
This decree, bearing the State seal, shall be included in the official collection of legal acts of the
Italian Republic. All those concerned must comply therewith and ensure that it is complied with as a
State law.
Annex 1 - Definitions of product groups and qualitative characteristics
Category
short grain/round
grain/Originario rice
medium grain rice
long grain rice A
long grain rice B
broken grain or
fragment
striped grain
coloured grain
chalky grain
damaged grain
heat-damaged grain
Description
rice, the grains of which are of a length not exceeding 5.2 mm and of a length/width
ratio of less than 2
rice, the grains of which are of a length exceeding 5.2 mm and not exceeding 6.0
mm and of a length/width ratio of less than 3
rice, the grains of which are of a length exceeding 6.0 mm and of a length/width
ratio greater than 2 but less than 3
rice, the grains of which are of a length exceeding 6.0 mm and of a length/width
ratio of equal to or greater than 3
grain fragments the length of which does not exceed three quarters of the average
length of the whole grain
grain or fragment with stripes of coloured pericarp the length of which equals or
exceeds half of the whole grain, but the coated surface of these stripes is less than
one quarter of the total surface area
grain or fragment with a different-coloured pericarp due to the hereditary
characteristics of the variety, which covers more than one quarter of the surface of
the grain
grain or fragment of non-parboiled rice, except for waxy rice, the entire surface of
which has an opaque and flour-like appearance
grain or fragment showing an evident deterioration caused by humidity, infestation,
disease or other causes, excluding heat-damaged grain
grain or fragment the normal colour of which has been changed as a result of
microbiological heating. This category includes yellow/dark yellow grains in nonparboiled rice and orange/dark orange grains in parboiled rice, as a result of
microbiological alterations
immature, malformed
grain or fragment that is yet to fully mature and/or is poorly developed
grain
other grain varieties
grains or fragments of varieties other than those compatible with the food name
grain or fragment of parboiled rice in which more than 1/4 of the surface area is
peck
dark brown or black as a result of the parboiling process
edible foreign
seeds or parts of seeds or their derivatives that are edible, or other food substances
materials
mineral (such as stone, sand or powder), vegetable (such as hull, straw fragments),
non-edible, non-toxic
or animal substances (such as dead insects or fragments thereof) that are non-edible
foreign materials
but non-toxic
Annex 2 - Characteristics of the varieties allowed to use the food naming referred to in Article
4(1).
Grain characteristics
length (mm)
width (mm)
length/width ratio
Arborio
rice
6.6 - 7.2
3.2 - 3.4
2.0 - 2.2
consistency (kg/cm2)
0.65 - 0.80
pearl
very
extensive
Roma or
Baldo rice
6.4 - 7.2
2.9 - 3.1
2.2 - 2.4
0.60 0.80
quite to
very
extensive
FOOD NAME
Carnaroli
Ribe
rice
rice
6.5 - 7.0
5.8 - 6.8
2.9 - 3.1
2.4 - 2.8
2.2 - 2.3
2.0 - 2.7
Vialone
Nano rice
5.4 - 5.8
3.2 - 3.5
1.6 - 1.8
S. Andrea
rice
6.2 - 6.7
2.9 - 3.1
2.1 - 2.3
≥ 0.85
-
≥ 0.85
0.60 - 0.75
very
extensive
-
very
extensive
quite
extensive
These characteristics are determined based on grains of milled rice.
Annex 3 - Register kept by the National Agency for Rice
The register is published on the website of the National Agency for Rice.
The register comprises:
1. a list of agronomic varieties, the name of which may accompany (see article 2(3)) the food
name, and a morphological description of their grains;
2. a list of agronomic varieties, the product of which may use the food name referred to in Article
4(1) with the details relating to the grain characteristics listed in Annex 2;
3. a list of the morphological description of the grains of the varieties referred to in point 2.
In creating the register, the National Agency for Rice adopts the lists and descriptions contained in the
annexes to the Ministerial Decree in force, issued in accordance with Law No 325 of 18 March 1958,
notifying the producers of the varieties or the persons responsible for maintaining their purity in
advance.
The register is to be updated by 31 August each year, and shall take effect on the first day of the
production season starting each 1 September.
The producer of a variety or the person responsible for maintaining its purity, or anyone with a vested
interest, shall request the insertion of the variety into the list referred to in point 1 or point 2 by
submitting an application as specified below under ‘implementing provisions’.
Any producer of a variety or person responsible for maintaining its purity, or anyone with a vested
interest, who intends to request the removal of a variety from the list shall submit the relevant form to
the National Agency for Rice by 31 August and the removal shall take effect starting from the
production season beginning on 1 September the following year.
IMPLEMENTING PROVISIONS
 Inclusion of a variety in the list referred to in point 1
Applications must be received by the National Agency for Rice no later than 31 July each year.
The application may only concern varieties belonging to the species Oryza sativa, L. that are listed in
an official, national or community register.
Applications must be accompanied by a sample of at least 100 grammes of milled rice, to be used for
classification of the variety into the relevant group as per article 2 of this decree (round rice/medium
grain rice/long grain rice A/long grain rice B) and for giving a morphological description of the grains.
The morphological description of the grains – carried out by the National Agency for Rice according
to use – includes the following characteristics: length, shape, thickness, pearl, stripe, tooth, head,
section. This also includes the colour of the pericarp, if different from the normal whitish colour and
aroma.
Once the morphological description of the grains is completed, the National Agency for Rice shall
update the list referred to in point 1, notifying the applicant.
 Inclusion in the list referred to in point 2
SUBMISSION OF APPLICATIONS
Applications must be submitted to the authority entrusted by the Ministry of Agricultural, Food and
Forestry Policies (‘MIPAAF’) to conduct the relevant tests for entering new rice varieties into the
National Register, with a copy sent to:
- Ministry of Agricultural, Food and Forestry Policies - DG for International and European Union
Policies (PIUE IV) - Single CMO and vegetable production
- National Agency for Rice
- Person responsible for maintaining the purity of the variety
Applications must be submitted to the recipients mentioned above by 15 January and must contain
indication of the name in which the inclusion of the variety is requested.
Applications may only concern varieties belonging to the species Oryza sativa, L. that are listed or in
the process of being listed in an official, national or community register.
Applications shall be considered to relate to the entire set of tests and surveys necessary for
classification of the variety, as described below.
TESTS AND ANALYSES
Assessment of the grain characteristics listed in Annex 2 shall be carried out by the authority entrusted
by MIPAAF to conduct the relevant tests for entering new rice varieties into the National Register.
Where the variety has already been entered in the national register or in the community catalogue, and
its seed has been certified in Italy, the assessment is conducted on two samples of certified seed from
the highest available category (pre-basic or basic) and obtained from crops grown in Italy over two
growing seasons.
Where the variety is in the process of being entered in the national register, the assessments are carried
out for two (or three) years on the same samples used for registration. If the registration procedure
requires a year of testing under official monitoring, the assessments shall also take account of the data
provided by the producer for that year; such data is to be attached to the application.
If the variety has already been entered in the national register or in the community catalogue but its
seed is not certified in Italy, the applicant shall send to the relevant authority a minimum standard seed
sample of 3 kg. The sample must be submitted by 15 February, accompanied by the file giving a
description of the variety (as provided for in Article 9 of Council Directive 2002/53/EC). In this case,
for the variety to be subject to assessment, two sub-samples are to be prepared:
a) the first sub-sample is for assessment of the grain characteristics listed in Annex 2;
b) the second sub-sample is used to sow two plots, in two different locations. The plants grown in
those plots are to be tested to verify that their characteristics match those indicated in the descriptive
file. Furthermore, the material collected from both plots shall be used to form a sample which shall
undergo the same tests already performed on the first sub-sample, in order to assess the product
characteristics of the variety grown in Italian territory.
Where the data taken from the samples described above does not allow for classification of variety in
the requested product class, the assessment may be conducted using, in addition to the two sets of data
taken as described above, data taken from a sample obtained by repeating the procedure indicated in
subparagraph b) above for an additional year. In this respect, a specific application must be submitted
by the applicant following the same procedures described above.
The results from the studies conducted are to be forwarded to the National Agency for Rice and to the
applicant as soon as they become available.
PROCESSING OF GATHERED DATA by the National Agency for Rice
At the end of the assessment cycle, the National Agency for Rice shall calculate the average of all
values obtained over the course of the tests described above for each characteristic to be assessed. Said
average is expressed with values rounded:
- to the first decimal place for the parameters length, width and length/width ratio;
- to the second decimal place for parameter consistency.
When the next decimal is 0, 1, 2, 3 or 4 the values are rounded down, and rounded up in all other
cases.
The average thus obtained is then compared with the values shown in the table in Annex 2; when the
average length or average width deviates from the reference characteristics by ± 0.1 mm, the variety
may be included in the corresponding name.
The National Agency for Rice also carries out a morphological description of the grains – according to
use – which includes the following characteristics: length, shape, thickness, pearl, stripe, tooth, head,
section. This also includes the colour of the pericarp, if different from the normal whitish colour and
aroma.
Finally, the National Agency for Rice updates the lists referred to in points 2 and 3, notifying the
applicant.
Annex 4 - Qualitative characteristics for rice and parboiled rice (maximum values).
Categories1
%
broken grains or fragments
5.00
striped and/or coloured grains2
3.00
chalky grains
4.50
damaged grains
2.50
heat-damaged grains3
0.054
immature, malformed and other varieties of grains3,5
10.00
of which other grain varieties
parboiled grains3
non-parboiled grains
5.00
0.10
3, 6
0.10
peck3, 6
1.00
edible foreign materials
0.10
non-edible, non-toxic foreign materials
0.01
grain length variation coefficient7
5.0
1
Definitions are given in Annex 1. Do not apply to the rice blends referred to in Article 2(7).
2
If this percentage exceeds the maximum value, the food name must contain the indication ‘ostigliato’
(‘rogue’ rice).
3
For wholegrain rice, this determination is made after the grain is milled.
4
For Basmati and Jasmin varieties the maximum value is 0.50.
5
The presence of other grain varieties is determined only for the names referred to in Article 4 and for
the names referred to in Article 2(3).
6
Applied to parboiled rice.
7
Applied to the determination of the biometric characteristics of the grains for the classification
referred to in Article 2(1).
Annex 5 - Methods of analysis.
UNI EN ISO 11746: 2012 - Rice – Determination of biometric characteristics of kernels.
UNI EN ISO 11747: 2012 – Rice - Determination of rice kernel resistance to extrusion after cooking.
UNI EN ISO 7301: 2013 - Rice – Specification (minimum specifications for rice - Oryza sativa L. which is subject to international trade).
NOTE: Where the definitions listed in the methods described above do not exactly match those listed
in Annex 1, for the purpose of this decree, the definitions referred to in Annex 1 shall apply.