Truffle Collection Law: Supervision and Administrative Penalties

Truffle hunting is a fascinating practice, but to preserve its nature and ensure compliance with regulations, it is essential that it is applied correctly. In this article, we will examine Article 13 of Law no. 752/1985 on truffle hunting, focusing on supervision and the administrative penalties provided.

Among the fundamental provisions of Law no. 752/1985 is also the prohibition of truffle hunting during night hours. Specifically, hunting is prohibited from one hour after sunset to one hour before sunrise. This provision aims to protect the truffle heritage, ensure greater control, and prevent abuses or illicit behaviors that are difficult to verify during night hours.

Supervision and coordination

1. Supervision of the application of the law is entrusted to the bodies and agents provided for in Article 15 of Law no. 752/1985.

2. In national and regional protected areas, supervision is carried out in coordination with the managing bodies.

Administrative penalties

3. Any violation of the provisions of this law entails the confiscation of the product and is punishable by an administrative monetary penalty, without prejudice to the criminal liability of the perpetrator of the violation where applicable.

4. Agents who proceed with the confiscation of the product draw up a special confiscation report containing indications of the species, number, and weight of the confiscated truffles.

5. A copy of the confiscation report is issued to the offender concurrently with the violation assessment report.

6. Due to the perishability of the product, agents proceed with its sale to the highest bidder, after attaching two purchase offers obtained from local traders or restaurateurs to the report referred to in Article 17 of Law 24 November 1981, no. 689 (Amendments to the criminal system).

7. The amount obtained from the sale, net of payment expenses, is paid into the territorially competent provincial treasury and is returned to the rightful owner if it is ascertained that the violation does not exist.

Administrative monetary penalties

Here is a list of administrative penalties for truffle hunting in Italy, along with their legislative sources:

A. GENERAL PROVISIONS:

1. Felling of truffle-producing plants or those planted as such (Article 15):
   • Penalty: from €100.00 to €700.00 per plant.

B. HUNTING OR HARVESTING DURING PROHIBITED PERIODS, NIGHT HOURS, AND PROTECTED AREAS:

1. Hunting or harvesting during the prohibited period according to the calendar or modifications decided by the Regional Council (Articles 2 and 4):
   • Penalty: from €500.00 to €1,400.00
   • Suspension from hunting for a period of 6 months.
2. Hunting or harvesting prohibited by the Regional Council for specific periods or specific areas (Article 4, paragraph 1, letter a):
   • Penalty: from €1,200.00 to €4,000.00. Hunting or harvesting during night hours (Article 16):
3. Hunting or harvesting during night hours, i.e., from one hour after sunset to one hour before sunrise (Article 16):
   • Penalty: from €500.00 to €1,400.00.

C. MEANS AND METHODS OF HARVESTING:

1. Hunting or harvesting without the aid of a trained dog or with more than two dogs (Article 17):
   • Penalty: from €300.00 to €1,200.00.
2. Hunting or harvesting with tools other than those provided for in Article 17 of this law:
   • Penalty: from €500.00 to €1,400.00.
   • Suspension from hunting for a period of 6 months.
3. Hunting or harvesting without adequately filling the opened holes - to a professional standard - (Article 18):
   • Penalty: from €300.00 to €1,200.00.
4. Opening more than five holes (Article 18):
   • Penalty: from €300.00 to €1,200.00.
5. Harvesting truffles beyond the daily limit established by law or by Regional Council resolutions, with every 500 grams or fraction of 500 grams of excess product harvested (Article 19):
   • Penalty: from €300.00 to €1,200.00.
6. Tilling the soil (hoeing) at any time of the year (Article 18):
   • Penalty: from €1,500.00 to €4,500.00.
   • Suspension from hunting for a period of 24 months in case of recidivism.
   • Possibility of revocation of the permit and an administrative penalty from €2,000.00 to €6,000.00 in case of recidivism.
7. Harvesting immature or spoiled truffles (Article 18):
   • Penalty: from €150.00 to €450.00.
8. Unauthorized hunting or harvesting by third parties in cultivated or controlled truffle grounds recognized as such (Article 7):
   • Penalty: from €500.00 to €1,400.00. Harvesting in reforested areas less than fifteen years after reforestation (Article 6):
   • Penalty: from €300.00 to €1,200.00.
9. Harvesting in regional public property areas without the prescribed authorization (Article 21):
   • Penalty: from €300.00 to €1,200.00.

D. CONTROLLED AND CULTIVATED TRUFFLE GROUNDS – SIGNAGE:

1. Violation of the provisions on truffle ground signage (Article 9):
   • Penalty: from €150.00 to €450.00
   • Plus €10.00 for each sign.
2. Signage of truffle grounds as “controlled” or “cultivated” without authorization (Article 7):
   • Penalty: from €300.00 to €600.00
   • Plus €50.00 for each sign.
3. Damage or removal of signs:
   • Penalty: from €200.00 to €600.00 for each sign.

E. COMMERCIALIZATION:

1. Trading of truffles belonging to species other than those provided for by law (Articles 2, 29 et seq.):
   • Penalty: from €600.00 to €2,000.00.
2. Trading and transport of fresh truffles outside the harvesting period (Article 26):
   • Penalty: from €3,000.00 to €10,000.00.
3. Sale of truffles in public markets without observing the prescribed rules:
   • Penalty: from €600.00 to €1,800.00.
4. Marketing of preserved truffles without observing the prescribed rules:
   • Penalty: from €600.00 to €1,800.00.
5. Omitted or incorrect annual communication to the Region of commercialized quantities (Article 26, paragraph 4):
   • Penalty: from €1,500.00 to €5,000.00.

F. AUTHORIZATION AND CONCESSION FEE:

1. Hunting or harvesting without authorization (Article 22):
   • Penalty: from €400.00 to €1,200.00.
2. Hunting or harvesting without being able to show the authorization card:
   • Penalty: from €400.00 to €1,200.00 if a copy of the report of loss, theft, or destruction of the card is presented within 5 days.
3. Hunting or harvesting without paying the annual regional concession fee (Article 24):
   • Penalty: from €500.00 to €1,000.00, in addition to paying the due regional concession fee.
   • In case of non-payment within 10 days of the dispute, an administrative penalty from €2,000.00 to €6,000.00.
4. Hunting or harvesting on land subject to civic use or private land without authorization (Article 20):
   • Penalty: from €300.00 to €1,200.00.

These penalties are applied based on the provisions of Law no. 752/1985, which regulates truffle hunting in Italy. Please note that fees may vary depending on the region and period, so it is important to check current fees and specific provisions in your region before engaging in any truffle hunting activity.