Gastronomy Law

The text of the specification must be limited to 5,000 words, except in duly justified cases.54 In the case of Pizza Napoletana STG, the product specification determines some significant restrictions on the marketing of the product, providing that it must be “should preferably be consumed immediately, as soon as it comes out of the oven, in the same location as it was produced. However, if it is not consumed at the place of its production, it cannot be frozen or deep frozen or vacuum packed for later sale”55. As for the method of production, it requires that all stages of processing be carried out in a continuous cycle in the same establishment, so that the specific character of the food (at the time the application for protection was submitted, the presence of this requirement was required) is due to “the skill and experience of the artisan”56, thus reserving its production to the pizza maker (pizzaiolo) – whose culinary art in the year 2017 UNESCO recognised as part of the intangible cultural heritage of humanity57 – and excluding any industrial process. The same specifications require as an ingredient the exclusive use of either Mozzarella di Bufala Campana DOP or Mozzarella Tradizionale STG. This highlights an interesting potential of TSGs: that of further enhancing other quality products, thus constituting a flywheel for their marketing. Regardless of what is stated in the specifications, but applying by analogy the principles established by the Court with reference to the case of Mozzarella di Bufala Campana DOC, States should have the power to require that TSG production take place in areas exclusively intended for that purpose (even if they are located within the same single establishment) and in which the holding and storage of raw materials not included in the relevant control system are prohibited, provided that such legislation constitutes a necessary and proportionate means to safeguard the quality of a TSG or to ensure compliance with the specification.58 54 Reg. (EU) No 2025/26, cited above, Art. 9(1). 55 Product specifications for the Pizza Napoletana STG, attached to the relevant application for recognition, point 3.6 at the end, in OJEU C 40 of 14 February 2008, p.17. 56 Product specifications for the Pizza Napoletana STG, cited above, points 3.6 and 3.7, both at the beginning. 57 UNESCO, inscription 12.COM 11.b.17. H. Deacon, Safeguarding the art of pizza making: parallel use of the Traditional Specialities Guaranteed Scheme and the UNESCO Intangible Heritage Convention, in International journal of cultural property, 2018, p.515-542. 58 Court of Justice, Judgment of 17 October 2019, Mozzarella di Bufala Campana (DOC), case C-569/18, ECLI:EU:C:2019:873. 338 ERMENEGILDO MARIO APPIANO

RkJQdWJsaXNoZXIy MTE4NzM5Nw==