Italy toughened penalties for counterfeit DOP and IGP foods under a new anti-fraud law

Italy has put in place a tougher criminal framework for food fraud, including stronger penalties for the counterfeiting of protected food and wine names, under a law that took effect on May 29 and is aimed at protecting the country’s agro-food sector from more organized forms of abuse.

The measure, Law No. 75 of April 21, 2026, was published in Italy’s Official Gazette on May 14 and entered into force after the standard waiting period. A legal report issued by the Office of the Massimario, a research office attached to Italy’s Supreme Court of Cassation, reviewed the law’s main substantive and procedural changes. The law reorganizes sanctions across criminal and administrative rules for Italian food products and reflects a broader shift in how lawmakers view fraud in the sector.

According to the text reviewed in the report, the reform starts from the idea that Italy’s previous system no longer matched the reality of modern agro-food crime. Older rules were built around the image of a single operator adulterating goods and deceiving consumers. The new law instead addresses conduct carried out on a large scale, in a stable and systematic way, often within business activity. That matters for producers of wine, olive oil, cheese and other goods sold under protected origin systems because those sectors depend heavily on traceability, labeling integrity and legal protection of geographic names.

At the center of the reform is a rewrite of parts of the criminal code. Italy has created a new section dedicated to crimes against what the law calls the “agro-food patrimony,” giving that interest an autonomous legal status inside the penal code for the first time. In practical terms, that means lawmakers are treating harm to Italian food identity, origin claims and production integrity as a distinct category rather than as a subset of more general commercial fraud.

Among the most important changes is the introduction of a new offense of “food fraud” and another new offense covering the trade of foods bearing misleading signs. The law also revises existing provisions on protected denominations and indications. For producers and exporters, especially in wine, one key point is the tougher treatment of counterfeiting involving DOP and IGP products, the Italian and European quality schemes that protect designation of origin and geographical indication claims.

The monitoring summary tied to the legal review says penalties for counterfeiting IGP and DOP products have been raised to prison terms of one to four years, along with fines ranging from €10,000 to €50,000. Those categories are central to Italian wine because many appellations rely on protected denomination systems that define where grapes come from, how wines are made and how labels may be used in domestic and export markets.

The reform also removes some older offenses and replaces them with provisions lawmakers appear to consider more suited to current market practices. The crime of selling non-genuine food substances as genuine has been repealed, as has one earlier article of the penal code tied to food-related commercial deception. Other provisions have been amended rather than eliminated, including rules on false or improper use of protected names.

The legal report outlines a broader package beyond substantive criminal law. On procedure, it points to changes affecting inspections, sampling during oversight activity, seizure rules, evidence gathering and wiretaps in relevant investigations. It also notes revisions involving undercover operations and evidentiary procedures. Those tools suggest prosecutors and investigators will have wider or clearer avenues to pursue complex cases involving supply chains, labeling schemes and organized commercial conduct.

Another part of the reform deals with seized goods. The report says there are updated rules on how confiscated or seized food products may be directed to charitable purposes. It also addresses the destination of seized vehicles, vessels and aircraft listed in public registers. Those provisions indicate that lawmakers are trying to manage not only punishment but also enforcement logistics once goods or transport assets are taken into custody.

The law further strengthens accessory penalties and confiscation measures, including mandatory confiscation and confiscation by equivalent value in certain cases. It also updates rules on corporate liability, an important point for food businesses because many agro-food fraud cases involve company structures rather than isolated individuals. That change could increase compliance pressure on producers, bottlers, distributors and traders operating in sensitive categories such as appellation wines and certified regional foods.

For Italy’s wine sector, the significance goes beyond courtroom language. Protected names are among the industry’s main economic assets, especially for bottles sold abroad at premium prices. Fraud involving false origin claims or misleading signs can damage both producers and consumers by weakening trust in labels that signal provenance and production standards. A stricter criminal regime may therefore affect how wineries document sourcing, maintain records, supervise bottling and present denomination claims on packaging.

The reform also arrives at a time when European food and wine markets face persistent concerns over imitation products sold online or through cross-border channels. By framing agro-food crime as a systematic business activity rather than occasional misconduct, Italy is signaling that it sees counterfeit denomination claims as part of a larger economic threat tied to brand value, rural production systems and export credibility.

The Office of the Massimario’s report does not itself create law, but it is influential because it helps judges and legal practitioners interpret new legislation. Its review breaks down both transitional issues and operational questions raised by the reform, including how old and new provisions interact over time. That will matter as courts begin applying the new framework to conduct occurring before and after May 29.

For producers in regulated categories such as DOC, DOCG, DOP and IGP wines and foods, the immediate effect is likely to be closer attention to compliance systems and labeling controls. For enforcement authorities, the law provides a more structured set of offenses tailored to modern agro-food fraud. And for Italy’s broader food economy, it marks a clear policy choice: treating attacks on origin claims and product authenticity not simply as consumer deception but as offenses against a national agro-food asset with its own legal protection.