With reference to the product constituting a TSG, the need to recognise its “specificity” ended. This requirement (still defined as in the past32) survived in a much more nuanced manner, since it was simply linked only more to the name of the product, which could enjoy protection in two different, alternative situations. Firstly, if the name had been used to designate “the traditional character or specificity of the product” (in which case one situation could well exclude the other); secondly, if the name had been “traditionally used to refer to the specific product” (and here the specificity of the food disappeared altogether, thanks to a play on words).33 On the other hand, the time period required to recognise the existence of a tradition was slightly lengthened: while still linked to the concept of generational transmission of the customary method of production, the minimum time for this to occur increased to thirty years34. Perhaps always a few, since – at least in Europe – there is a tendency to conceive of tradition as a transmission of knowledge or practice that is perpetuated over several generations, with moments of continuity and rupture.35 This brings us to the fourth reform on TSGs36, now in force, which took place within the framework of the Union regulation with which the discipline on the protection of the various types of quality products37 (be they agricultural, food, wine or spirits) and on the relative procedural aspects38 was brought together in a single text and harmonised. Nevertheless, the scope of TSGs remains limited to agricultural products (now listed in Annex I to the TFEU, provided they are 32 Reg. (EU) No 2012/1151, cited above, art. 3(1)(5). 33 Reg. (EU) No 2012/1151, cited above, art. 18(2). 34 Reg. (EU) No 2012/1151, cited above, Art. 3(1)(3). 35 A. O. Lovejoi, The great chain of being, Cambridge Mass., Harvard University Press, 1936. With reference to the gastronomic world, consider that from 1891 to 1911 P. Artusi edited the 15 editions of his work, La scienza in cucina e l’arte di mangiar bene, and that in 1960 L. Carnacina published La grande cucina (The Great Kitchen), with over 3700 recipes. 36 O. Cesana, The Food Law, 2014. 37 Despite the adoption of Regulation (EU) No. 2024/1143, cited above, the European legislator has nevertheless arrived at a single definition of geographical indication, since there are still three distinct, similar but not identical ones. One is for agricultural products and foodstuffs (now transferred into said Regulation, art. 46). Another one is for wines (Reg. (UE) n. 2013/1308 of the European Parliament and of the Council of 17 December 2013, establishing a common organisation of the markets in agricultural products (CMO), in OJEU L 347 of 20 December 2013, p. 671 (current consolidated version of 8 November 2024, ELI: http://data.europa.eu/eli/reg/2013/1308/oj), art. 93. A last one is for spirits (Reg. (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of spirit drink names in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks and the use of ethyl alcohol and distillates of agricultural origin in spirit drinks, in OJEU L 130, 17 May 2019, pp. 1-54 (current consolidated version of 13 May 2024, ELI: http://data.europa.eu/eli/reg/2019/787/oj), art.3(1)(4). 38 Reg. (EU) No. 2024/1143, cited above. 335 FOODSTUFF TRADITION PROTECTION
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