obviously intended for human consumption) and some precisely identified food products, including beer39. Wines (with the exception of vinegars, however) and spirits are excluded.40 With reference to TSGs, the legislator’s intentions were quite transparent: “to ensure that names of genuine traditional products are registered, the criteria and conditions for the registration of a name should be adapted, in particular by removing the condition that traditional specialities guaranteed must have a specific character”41. Consequently, in the current discipline, any reference to the “specificity” of the product has been eliminated, which in the previous one still survived in a very minimal way with reference only to its name. The latter, in fact, is now protected if it has been used traditionally in reference to the product to which it refers or designates its traditional character.42 Compared to the past, the notion of tradition remains essentially the same, except for minor changes. In addition to emphasising the need to prove its historicity (a minimum period of thirty years always being sufficient) and the need to identify the human community at the origin of the tradition itself, changes in production methods are now allowed for, as a result of evolving hygiene and safety practices and other undefined “relevant practices”43 (to which the replacement of the body that may have been designated to inspect the product before it is placed on the market could be linked). Adherence to tradition does not, however, count as a pass for ignoring food hygiene and safety rules44, as well as those on labelling45: a TSG must be produced in accordance with them46, unless there are specific exceptions .47 39 Reg. (EU) No 2024/1143, cited above, art.51, first and second paragraphs, as well as Annex II. The latter mentions the following foodstuffs: “prepared meals, beer, chocolate and derived products, bread, pastry and cakes, confectionery, biscuits and other baker’s wares, beverages made from plant extracts, pasta, salt, aerated waters, cork”, expanding the list provided for the same purpose in Annex I, point II of the previous Regulation (EU) No. 2012/1151, cited above. However, the reason for the inclusion of cork is unclear. 40 Reg. (EU) No 2024/1143, cited above, art. 51, last paragraph. 41 Reg. (EU) No. 2024/1143, cited above, recital 64. 42 Reg. (EU) No 2024/1143, cited above, art. 53(2). 43 Reg. (EU) No 2024/1143, cited above, art. 2(3). 44 Reg. (EC) No. 2002/178 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, in OJEC L 31, 1.2.2002, p. 1-24 (current consolidated version of 1 July 2024, ELI: http://data.europa.eu/eli/reg/2002/178/oj), as well as the relevant implementing regulations. 45 Reg. (EU) No 2011/1169 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, in OJEU L 304, 22 November 2011, pp. 18 (current consolidated version of 1 January 2018, ELI:http://data.europa.eu/eli/reg/2011/1169/oj). 46 Reg. (EU) No 2024/1143, cited above, art. 52(2). 47 G. Strambi, I prodotti tradizionali e la politica di qualità dell’Unione Europea, in Rivista diritto alimentare, 1, 2010, p.1 336 ERMENEGILDO MARIO APPIANO
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