Gastronomy Law

The warp and weft of this precious cultural heritage are, in fact, the market (and the relationship with the consumer), respect for ancient customs and traditional recipes that have allowed typical products to be passed down to the present day, but also the possibility of modifying the production process to keep pace with technological innovations that affect production processes, economic, social and environmental sustainability, and effective protection from a regulatory point of view. This last aspect is clearly not secondary. These pillars are not intended to exist separately, but rather to intertwine and converge in a regulatory system designed to safeguard product quality and protect the end consumer. The system is governed by a mechanism whose unique characteristics are linked to the production area, tradition and processing methods inherited from the past, combined with challenging contemporary objectives such as the protection of biodiversity and the reduction of information asymmetries that place consumers at a disadvantage. These products, protected by a European trademark, represent Italian gastronomic excellence and are protected from counterfeiting. Among the Italian products renowned worldwide are the Protected Designations of Origin Traditional Balsamic Vinegar of Modena and Traditional Balsamic Vinegar of Reggio Emilia3. As is well known, Traditional Balsamic Vinegar is a special condiment, intended for a niche market consisting of connoisseurs with refined culinary tastes. The cost of PDO vinegar ranges from 400 to over 1,000 euros per litre, and PDO vinegar must be sold in small spherical containers of one decilitre4. Another important type is the Protected Geographical Indication (PGI) Balsamic Vinegar of Modena. Balsamic vinegar covered by the PGI is a condiment normally used to flavour meats and dishes and is intended for a wide range of consumers, so it competes with common vinegar. The price of Aceto Balsamico di Modena varies between 1.5 and 40 euros per litre, depending on the ageing process. Furthermore, Lombardy boasts a wide range of products with Protected Designation of Origin status, with a particular focus on cheeses. Among the 3 For both, see Council Regulation (EC) No 813/2000 of 17 April 2000 supplementing the Annex to Commission Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation (EEC) No 2081/92. For further information, F. Capelli, La registrazione dell’Indicazione Geografica Protetta “Aceto Balsamico di Modena” e i tentativi deliberatamente messi in atto sia per ostacolarla sia per circoscriverne gli effetti e la portata, in Diritto Comunitario e degli Scambi Internazionali, 2009, 3, 573. 4 In fact, in 2007, 100 centilitres of Traditional Balsamic Vinegar were sold for the staggering sum of €1,800, equivalent to €18,000 per litre. 397 QUALITY FOOD PRODUCTION: BETWEEN PROTECTION NEEDS

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