- 28/03/2026
- Posted by: Marta
- Category: Questions and answers
Dear Dario,
Our company—a pioneer in the production of certified organic whole-wheat pasta, made without adding bran but by grinding the entire wheat kernel—had been seized numerous times because its products contained bran particles exceeding the limits established by Law 580/1967. Can you reconstruct the history of the regulations governing whole-wheat pasta to understand its evolution?
Many thanks
Maria
Pasta has always played, and continues to play, a pivotal role in the Italian production tradition, as well as in its regulations. Below is a brief overview of the regulations that have followed, from the unification of Italy to the present day.
874 / 1933 law
The first Italian regulation on pasta is constituted by the Law 22 June 1933, n. 874. (1) This law prescribed the exclusive use of the wheat to produce dry pasta, which could be marketed under the names 'pure semolina pasta'and'common pasta', in the respective cases of exclusive use of durum wheat semolina or also of soft wheat flour.
Law 874/1933 also allowed the production of 'special pastas' – with added gluten, malt, eggs, vegetables, tomatoes, and meat, as appropriate – provided that the dough was made exclusively with durum wheat semolina. In all other cases, the addition of foreign substances that could alter the product's natural structure or color was prohibited.
1036 / 1948 law
The next one Law 2 August 1948 n. 1036 had delegated the then High Commissioner for Food to adopt specific decrees for the national regulation of pasta, flour products and bread. (2)
High Commissioner for Food, decree 8.8.1948
The first decree of the High Commissioner for Food, published onAugust 8, 1948, it limited itself to establishing the maximum levels of pasta humidity (12,5%) and of lactic acidity (4 degrees), the latter expressed as the number of cubic centimetres of alkaline solution required to neutralise 100 grams of dry substance. The 'flours for pasta making' had to meet the following requirements:
- 'Soft wheat flour: per 100 parts of dry matter: maximum water 14,50%; ash: maximum 0,90%, minimum 0,80%; cellulose maximum 0,50%; gluten minimum 10%;
- Durum wheat flour: per 100 parts of dry matter: maximum water 14,50%; ash: maximum 1,00%, minimum 0,90%; cellulose maximum 0,60%; gluten minimum 11%.' (Article 1, letter 'B'). (3)
The High Commissioner for Food subsequently published a series of decrees, some of which partially repealed the aforementioned decree.
High Commissioner, decree 17.12.1948
The decree December 17, 1948 of the High Commissioner for Food – 'having ascertained the possibility, in relation to the availability of cereals, of improving by means of reduction of the sifting rate, the characteristics of the flours for bread making already established' with the decree of 8 August 1948 – reduced the maximum content of ashes admitted in the 'pure wheat flours for bread and pasta making":
- 'soft wheat flours: maximum ash content of 0,85 per 100 parts of dry matter' [instead of 0,90, ed.];
- 'durum wheat flour: maximum ash 0,95 per 100 parts of dry matter' [instead of 1,00, ed.]. (4)
High Commissioner, decree 26.7.1949
Il decree of 26 July 1949 introduced the denominations 'Type 0', 'Type 1' and 'Type 2' for flours and semolina. Reserving the production of pasta only for 'flours and semolina durum wheat for pasta making":
- Type 0: moisture 14,5% (maximum); ash 0,65–0,85; cellulose 0,45 (maximum); nitrogenous substances 11 (minimum);
- Type 1: moisture 14,5% (maximum); ash up to 1 (maximum); cellulose 0,60 (maximum); nitrogenous substances 11,5 (minimum);
- Type 2: moisture 14,5% (maximum); ash up to 1,20 (maximum); cellulose 0,90 (maximum); nitrogenous substances 12 (minimum).
The moisture and maximum acidity contents of the pasta remained unchanged (12,5% and 4, respectively), with the exception of 'Type 2' which had a maximum acidity of 5 degrees.
'To enable the production of high-yield flours «integral» and «semi-wholemeal» and «durum wheat flour» used in the preparation of bread and pasta'the granting of specific exemptions was foreseen through subsequent decrees. (5)
High Commissioner, decree 8.10.1949
Il decree of 8 October 1949 gave the prefects the power to allow within their own Provinces – subject to authorization from the High
Food Commissioner – 'the sale of "whole grain" flour, as well as the sale of "durum wheat flour" to be used as such in the making of bread, when this corresponds to ancient local custom'. Without however foreseeing their use in the production of pasta. (6)
High Commissioner, decree 18.11.1953
With the decree of 18 November 1953 the High Commissioner introduced durum wheat semolina 'Type 3', allowing its use (within the limits of ash and cellulose of 1,20% and 0,90%, respectively) in the production of pasta. However, prohibiting the use of flours made from legumes and cereals other than wheat. (7)
Law 4 July 1967, n. 580
Law no. 580 of 4 July 1967 repealed law no. 874/1933 on pasta, the decree of 18 November 1953 – which concerned pasta, flour products, bread and cereals, as we have seen – as well as any other previous provision incompatible with it (8,9). Its essential contents follow.
Durum wheat and quality requirements
Law 580/1967 introduced the definitions of 'durum wheat semolina' and of 'durum wheat semolina pasta', which had to be obtained by drawing, rolling and drying dough prepared exclusively with semolina or durum wheat semolina, in the respective cases, and water.
The use of soft wheat flour was limited to the production of fresh pasta. An exemption was granted for products intended for export, where the use of different ingredients was permitted. The European Court of Justice later declared these rules inapplicable to products produced in other member states and placed on the Italian market (10,11).
Law 580/1967 also established the specific requirements for pasta previously applied to flour products—limit values for ash, cellulose, and nitrogenous substances—in addition to maximum moisture and acidity levels. It also introduced a ban on the sale of dried pasta in bulk.
Special pastas
Fresh and dried 'special pastas' could contain various ingredients, but they always had to be made with durum wheat semolina. The then Ministers of Health, Agriculture and Forestry, and Industry, Trade, and Crafts defined them as: permitted ingredients with the decree of 27 September 1967 (amended by the decree of 16 May 1969) and the two decrees of 20 March 1981 (12,13,14,15). These decrees were then repealed and replaced by the decree of 27 April 1998, n. 264. (16)
Law 580/1967 also introduced the concept of diet pastes – among which appeared for the first time the 'whole wheat pasta' (17) – and fresh pasta other than special pasta, with a maximum humidity value of 30% and a maximum acidity of 6 degrees (7 if it contained meat), to be sold vacuum-packed or in sterilised packages.
Ministerial Decree 140/1990
The decree of the Ministry of Health of 24 May 1990, n. 140 introduced:
- the ability to add salt in the dough of both fresh and dried pasta, as well as special pasta with or without filling, in a maximum quantity of 4% referring to the dried product, to be indicated on the label with the words 'with added salt' and the quantity of salt used;
- un minimum conservation term, no more than eight months from the production date for dry pasta and thirty days for fresh pasta. (18)
Presidential Decree 9 February 2001, n. 187
Presidential Decree no. 187 of 9 February 2001 updated the Italian regulations for the production of pasta and flour products, introducing the definitions of:
- 'whole durum wheat semolina', or simply 'wholemeal semolina', the sharp-edged granular product obtained directly from the milling of durum wheat freed from foreign substances and impurities';
- 'wholemeal durum wheat semolina pasta', the product obtained from the drawing, rolling and subsequent drying of dough prepared exclusively with wholemeal durum wheat semolina and water'. Maximum humidity 12,5%, ash content 1,40-1,80 (minimum-maximum), minimum protein content (nitrogen x 5,70) 11,50%. (19)
All requirements also apply to products prepared from durum wheat flour and water, which are classified as pasta. Flours from cereals other than wheat, if mixed with wheat flour in any proportion, must be sold with the clear indication of the name of the cereal from which the flour is derived.
Special pastas and fresh pastas
Le special pastas There are no restrictions on the ingredients used (with the exception of soft wheat). They must be sold under the appropriate name, complete with a mention of the ingredient used and, in the case of multiple ingredients, the characterizing one or more. For egg pasta, the substitution of fresh eggs with a corresponding quantity of egg product liquid made exclusively from whole chicken eggs.
Le fresh pasta They are now subject to storage requirements (temperature < + 4°C), must be pasteurized or undergo an equivalent heat treatment, have a minimum humidity of 24% and a water activity (Aw) between 0,92 and 0,97. Products with humidity < 20%, Aw < 0,92, subjected to heat treatment and other technological processes that allow transport at room temperature, are classified as 'stabilized pasta'.
New tolerances, reworking, electronic register
Presidential Decree 187/01 introduced a tolerance on the presence of soft wheat flours in quantities not exceeding 3%. In addition to authorising reworking (reworking) of products or parts thereof resulting from the production or packaging process, within the same production plant, for all types of pasta.
Raw materials for the production of pasta (and flour) intended for export can be stored in the same factories, but it is necessary to provide specific notification with signs, which contain the wording 'raw materials and/or finished products not intended for the domestic market' or similar.
The decree of 17 December 2013 implemented a telematic system for communication to be carried out at least 5 days before processing. A new system was also introduced loading and unloading register with the following requested information:
- raw materials with requirements other than those prescribed by the provisions of Presidential Decree 9 February 2001, n. 187;
- substances whose use is not authorized for the production of flours and pasta products, pursuant to Presidential Decree no. 187/2001, which are intended to be used for the production of flours and pasta products intended for export;
- finished products obtained for export purposes. (20)
Conclusions
Italian pasta regulations have followed a regulatory path spanning nearly a century, each stage reflecting the transformations of the agri-food system, consumer protection needs, and the tensions between national production identity and integration into the European market.
The common thread of this evolution is the progressive strengthening of the principle of durum wheat flour as a qualifying ingredient of Italian dried pasta: introduced by Law 874/1933, this principle has been confirmed, refined, and defended—including in court—through all subsequent reforms, up to Presidential Decree 187/2001, currently in force.
At the same time, the legislation has expanded its scope to include production categories that were not originally contemplated. whole wheat pasta, (21) initially classified among the 'dietetic' products by law 580/1967 - as it was characterised by the addition of bran and/or bran which gave it differential nutritional properties - it has progressively acquired its own autonomous product definition, culminating in the Presidential Decree 187/2001 with the introduction of 'wholemeal durum wheat semolina' and the corresponding sales name of the pasta obtained from it.
A significant chapter is made up of the special pastas, whose regime has been the subject of repeated interventions, also following rulings by the European Court of Justice and the Constitutional Court, which required Italy to adapt its legislation to EU obligations regarding the free movement of goods – generating, for a certain period, 'reverse discrimination' to the detriment of Italian producers.
The current legislation therefore represents a balance between safeguarding a consolidated production tradition and the need to respond to consumer trends, the demands of scientific research, and the need for compatibility with European Union law.
Cordially
Dario
Note
(1) Law 22 June 1933, n. 874. Regulation of the sale of pasta products. Available in Official Journal n. 172 of 26.07.1933. https://www.gazzettaufficiale.it/eli/gu/1933/07/26/172/sg/pdf
(2) Law 2 August 1948, n. 1036. Regulation of the types and characteristics of flours, bread and pasta.https://www.normattiva.it/eli/id/1948/08/07/048U1036/CONSOLIDATED
(3) Decree of the High Commissioner for Food of 8 August 1948. Types and characteristics of flour products, bread and pasta. Available in Official Journal No. 184 of 10.8.1948. https://www.gazzettaufficiale.it/eli/gu/1948/08/10/184/sg/pdf
(4) Decree of the High Commissioner for Food of 17 December 1948. Types and characteristics of flour products, bread and pasta. Available in Official Journal No. 295 of 20.12.1948. https://www.gazzettaufficiale.it/eli/gu/1948/12/20/295/sg/pdf
(5) Decree of the High Commissioner for Food of 26 July 1949. Types and characteristics of flour products, bread and pasta. Available in Official Journal No. 177 of 4.8.1949. https://www.gazzettaufficiale.it/eli/gu/1949/8/4/177/sg/pdf
(6) Decree of the High Commissioner for Food of 8 October 1949. Types and characteristics of flour products, bread and pasta. Available in Official Journal No. 233 of 10.10.1949. https://www.gazzettaufficiale.it/eli/gu/1949/10/10/233/sg/pdf
(7) Decree of the High Commissioner for Food of 18 November 1953. Types and characteristics of flour products, bread and pasta placed on the market. Available in Official Journal No. 271 of 25.11.1953. https://www.gazzettaufficiale.it/eli/gu/1953/11/25/271/sg/pdf
(8) Law 4 July 1967, n. 580. Regulations for the processing and trade of cereals, flours, bread and pasta. https://www.normattiva.it/eli/id/1967/07/29/067U0580/CONSOLIDATED/20010605
(9) Curiously, Law No. 874/1933 was repealed again by Legislative Decree No. 200 of 22 December 2008 (converted into law by Law No. 9 of 18 February 2009), in Part 43 of Annex 1.
(10) The European Court of Justice, with its judgment of 14 July 1988 in case C-90/86, established that 'The extension, by means of a national regulation on pasta, to imported products of the ban on the sale of pasta produced with soft wheat or a mixture of soft wheat and durum wheat is incompatible with Articles 30 and 36 of the Treaty. See Court of Justice of the European Communities. (1988, July 14). Criminal proceedings against Zoni (Case 90/86) (ECLI:EU:C:1988:403). https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX%3A61986CJ0090
(11) The European Court of Justice, in its judgment of 14 July 1988 (case C-90/86), also ruled that 'Community law does not require the legislator to repeal the law as regards pasta producers established on Italian territory'. The Court of Cassation, Criminal Section III, in its ruling no. 443/1997 of 30 December 1997, in turn upheld the ban on using soft wheat for pasta production in Italy. This resulted in 'reverse discrimination' against pasta producers based in Italy, as they were subject to a ban that could not be applied to products legally produced in other Member States and placed on the Italian market.
(12) Ministerial Decree of 27 September 1967. Ingredients permitted in the production of special dry pasta and fresh pasta pursuant to Law no. 580 of 4 July 1967. Available in Official Journal no. 246 of 2.10.1967. https://www.gazzettaufficiale.it/eli/gu/1967/10/2/246/sg/pdf
(13) Ministerial Decree 16 May 1969 Amendments to the Ministerial Decree 27 September 1967 concerning the ingredients permitted in the production of special dry pasta and fresh pasta.https://www.gazzettaufficiale.it/eli/id/1969/05/16/1301Q005/sg
(14) Decree of 20 March 1981. Authorisation for the use of durum wheat germ in special dry pasta. Published in Official Journal no. 152 of 4.6.1981. https://www.gazzettaufficiale.it/eli/gu/1981/06/04/152/sg/pdf
(15) Decree of 20 March 1981. Authorisation for the use of water-soluble milk proteins in special dry pastas. Published in Official Journal no. 152 of 4.6.1981. https://www.gazzettaufficiale.it/eli/gu/1981/06/04/152/sg/pdf
(16) The Constitutional Court, with its ruling of 16-30 December 1997 (published in the Official Journal 1, special series of 7 January 1998, no. 1), declared the unconstitutionality of art. 30 of law no. 580 of 4 July 1967 in that it did not provide that companies with establishments in Italy were permitted, in the production and marketing of pasta, to use ingredients legitimately employed, on the basis of Community law, in the territory of the European Community. The decree of the Ministry of Health no. 264 of 27 April 1998 (Regulation containing rules for the use of ingredients permitted in the production of special, dry and fresh pasta) consequently reformed the previous decrees. https://www.normattiva.it/eli/id/1998/08/06/098G0319/CONSOLIDATED
(17) Dietary pasta had to comply with the provisions on dietary products, contained at the time in law no. 327 of 29 March 1951 and in Presidential Decree no. 578 of 30 May 1953. According to the latter legislation, dietary products had to undergo a special manufacturing process or be integrated with proteins, lipids, carbohydrates, vitamins, mineral salts or in any case with substances capable of conferring particular defined dietary properties (e.g. bran fibre).
(18) Decree of the Ministry of Health 24 May 1990, n. 140. Regulation concerning the use of food salt in fresh and dried pasta and in special pasta with or without filling. https://www.normattiva.it/eli/id/1990/06/11/090G0185/ORIGINAL
(19) Decree of the President of the Republic of 9 February 2001, n. 187. Regulation for the revision of the legislation on the production and marketing of flours and pasta, pursuant to article 50 of law 22 February 1994, n. 146. Normattiva (Last update to the document published on 12/14/2018). https://www.normattiva.it/uri-res/N2Ls?urn:nir:presidente.repubblica:decreto:2001;187
(20) Interministerial decree of 17 December 2013. Implementation provisions of article 12 of the Presidential Decree of 9 February 2001, n. 187, concerning the revision of the legislation on the production and marketing of flours and pasta. https://www.masaf.gov.it/flex/cm/pages/ServeBLOB.php/L/IT/IDPagina/7219
(21) Dongo D. (2026, January 2). Wholemeal and semi-wholemeal pasta, nutritional values and benefits. GIFT (Great Italian Food Trade). https://www.greatitalianfoodtrade.it/pasta/pasta-integrale-semi-integrale-valori-nutrizionali-benefici/
