Quality food production: between protection needs and the safeguarding of the free market Stefania Pedrabissi1 I. Introductory notes. – II. The regulatory system. – III. Certification procedures. – IV. The needs of the free market. – V. Who is entitled to object? – VI. Conclusions. Italy, like other European member states, has a morphological structure suited to highquality food production. These products represent a link to the territory and are a heritage to be protected, including through specific PDO and PGI certification mechanisms, which generate significant private spaces.This paper will focus solely on the issue of typical products, with the aim of reflecting on what, from a purely legal point of view, is at the heart of the matter: the ability to balance the competitive demands underlying the free market economy with the scope of the exclusive rights offered by the regulations governing indications of origin, which aim to protect not only the distinctiveness due to the terroir and the gastronomic and cultural heritage linked to a given product, but also the reputation and investments made by operators in the sector. Keywords: gastronomic products, legal framework, Protected Designation of Origin (PDO), EU regulations, food heritage. I. INTRODUCTORY NOTES The unique morphology that characterises Italy (a feature shared by several other southern European countries, such as Spain, France and Portugal) has greatly contributed to the development of a complex system of gastronomic production and artistic craftsmanship. Over time, this system has become a litmus test for regional specificities, the origins of which are reflected in so-called ‘typical products’2. The Italian landscape (but not only, as demonstrated by 1 Professor at University of Parma – Departement of Exellence “Food for Future”. 2 The term ‘typical’ has always been used interchangeably with the term ‘traditional’ in measures designed to protect certain products. We refer to Presidential Decree No. 288 of 25 May 2001, which concerns the identification
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