Gastronomy Law

In practice, restaurants have nevertheless difficulties in referring to such labels. Indeed, the use of this label is subject to regular inspections carried out by agents from the agents of the consumers protection Authority (known as the “DGCCRF”). The agents will then verify whether the “homemade” label is justified. Hence, in the event of false advertising, the restaurant owner risks being punished for the offense of deceptive commercial practice: with up to a two-year prison sentence and a €300,000 fine. B. Gastronomic guides and food critics Before the above-mentioned approaches, some instruments were already developed especially for travellers to enable them to discover local gastronomy. This can be traced back as earlier as the beginning of the 20th century with the development of gastronomic guide in 1900, in particular with the well-known MICHELIN Guide. Before becoming the international reference for gastronomic guides we know today, it consisted initially in an advertising booklet, distributed free of charge for drivers who were travelling in France in their cars.2 Information relating to hotels and restaurants were progressively introduced. Soon, express recommendations of some of the restaurants were indicated with a “first star” appearing as from 1926. And thereafter appeared the second and third star, we are nowadays familiar with. The development of gastronomic guides had a positive outcome to promote gastronomy. In the thirties, the profession of “inspector” was created showing expertise in the gastronomy sector: such inspectors were independent from restaurants they tested but also were working anonymously. With inspectors, gastronomic guides offered since then annual selection of restaurants, distinguishing them among various categories (from small bistros to gastronomic restaurants). The work of such inspectors (or food critics) and the legitimacy of their activity (independence, anonymity) became the main source of the “trust granted by the public”3. Hence, when a “star” is attributed to a restaurant, an immediate positive (and financial) effect can be observed. On the other hand, when a star is lost, this can have an adverse effect for the restaurant – which may even cause financial difficulties. 2 See https://guide.michelin.com/fr/fr/about-us. 3 For a social approach, see : Estelle Bonnet, Les critiques gastronomiques : quelques caractéristiques d’une activité experte, p 135-155, https://shs.cairn.info/revue-societes-contemporaines-2004-1-page-135?lang=fr 136 VALÉRIE AUGROS

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