Gastronomy Law

As previously stated, both in products identified by the designation PDO and those identified by the designation PGI, the quality of the final product is strongly linked to the production area. Indeed, Regulation 2012/1151, as amended by Regulation 2024/1143, stipulates that for “Protected Designation of Origin” (PDO) as well as for “Protected Geographical Indication” (PGI), explicit reference must be made to the name of a region, a specific place, or a country in order to identify the agricultural and/or food product as originating from that region, specific place, or country. The product must, essentially or exclusively, possess characteristics and qualities attributable to the specific geographical environment, including both natural and human factors. The difference, therefore, between PDO and PGI) lies solely in the fundamental importance attributed to the origin of the raw material and the production, processing, and elaboration within the defined geographical area for PDO. In contrast, for an PGI-marked product, it is sufficient that only one ingredient originates from the specified geographical area and/or that a single stage of the production process occurs therein; local production is not required. Conversely, this is not the case with the Traditional Specialty Guaranteed (TSG) mark. With the TSG trademark, the regulation, by imposing a strict labeling obligation, performs its primary protective function, directly safeguarding the product’s name against counterfeiting and misuse. Therefore, with the TSG trademark, the aim is to safeguard the aspects that traditionally characterize the product, namely the substances and/or raw materials that comprise it, and/or the technique employed and/or the steps to be followed in order to obtain the finished product. It entirely lacks any connection to specific geographical areas. For example, consider Gueuze beer: a traditional beer produced in Belgium (Brussels and surrounding areas). This beer results from a spontaneous fermentation process involving specific bacteria and is obtained by blending a young beer (approximately one year old) with one or more older beers (typically aged from two to three years). The resulting blend undergoes a second fermentation in the bottle due to the fermentable sugars present in the younger beer. Traditionally, this beer is served in champagne bottles of 375 or 750 ml, sealed with cork stoppers enveloped in a metal cage to withstand the pressure of carbon dioxide, which is increased due to the secondary fermentation. 391 PROTECTION OF TRADITIONAL SPECIALTY GUARANTEED (TSG) IN THE EU

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