Gastronomy Law

VII. THE HOLDER OF THE RIGHT TO THE TSG Anyone who produces a TSG in compliance with its specifications, is entitled to use its name, irrespective of the place where he is located or the place of origin of the product itself107, in contrast to PDOs and PGIs. Thus, such a right also belongs to operators who have no connection whatsoever with the territory where the tradition that generated the TSG developed. This also applies when the name of the TSG includes a geographical indicator. Nor are there any limitations on the number of its potential holders, other than those arising from the economic laws of the market, which can limit it according to the quantity of demand. In short: anyone who produces in accordance with tradition (and submits to controls, as they say) is entitled to use the relevant TSG. VIII. CONTROLS The checks consist of verifying that TSGs comply with their specifications, on the one hand, and that their use on the market is correct (a concept in which, in addition to reference to combating any infringement of the protection granted to TSG names and the related symbol108, compliance with the specification is again included109), on the other hand.110 Market use refers to operations such as warehousing, transit, distribution or offer for sale, including in the area of e-commerce111. This type of verification should be conducted on the basis of a risk analysis112 (a criterion also adopted for similar verifications concerning PDOs and PGIs ).113 Producers must participate in this control system by notifying their activity to the competent authorities.114 The verification of compliance with the specification is structured to take into account the moment when a TSG is placed on the market. 115 cited above. This rule should cover cases such as «Bœuf traditionnel de race Normande» TSG. 107 Reg. (EU) No 2024/1143, cited above, art. 71(1). 108 Reg. (EU) No 2024/1143, cited above, art. 74(2). 109 Reg. (EU) No 2024/1143, cited above, art. 74(2). 110 Reg. (EU) No 2024/1143, cited above, art. 72(1). 111 Reg. (EU) No 2024/1143, cited above, art. 74. 112 Reg. (EU) No 2024/1143, cited above, art. 74(1). 113 Reg. (EU) No 2024/1143, cited above, art. 42(2). 114 Reg. (EU) No 2024/1143, cited above, art. 74(4). 115 Reg. (EU) No 2024/1143, cited above, art. 72(1). 347 FOODSTUFF TRADITION PROTECTION

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