From a modern perspective, particular reference should be given to Law no. 125 of 10 April 1954, entitled Protection of Designations of Origin and Typical Denominations of Cheeses. This was the first Italian law aimed at establishing, for the purpose of protecting dairy gastronomic products, a legal relationship between the territory of production and the product itself. Article 2 of the law provides for “designations of origin” for cheeses produced “in geographically delimited areas in accordance with fair and constant local usages, and whose commercial characteristics derive predominantly from the specific conditions of the production environment.” This was a milestone in the preservation of Italy’s gastronomic heritage, by establishing a link between the territorial dimension and the characteristics expressed by that dimension, whether natural or the result of human intervention (such as local customs and production methods). Accordingly, both the material and intangible components9 of the characteristics of the cheeses so regulated laid the foundations for the current framework of protection10. In the case of Italian dairy products, alongside the statutory provisions noted above, there are multiple protection entities—consortia—voluntarily formed by producers. Such entities are regulated by Article 2602 of the Italian Civil Code, according to which a consortium is a legal instrument whereby several entrepreneurs establish, by contract, a common organisation to regulate the production cycle. Consortia are granted legal recognition by the competent Ministry11. At EU level, Italy boasts the highest number of gastronomic products recognized by the Union12. 9 See also the recent Law of 27 December 2023, No. 206 and, in particular, Article 21, entitled Promotion of the enhancement and protection of intangible cultural heritage. Law No. 206/2023, containing Organic provisions for the enhancement, promotion and protection of Made in Italy, also merits consideration with regard to two further provisions which, in relation to agricultural and food products, contribute to linking the territory with its produce. Reference is made, in particular, to Article 38 Valorisation of traditional practices and the rural landscape and to Article 39 Districts of typical Italian products, where paragraph 2 defines the “districts of typical Italian products” as “local production systems characterised by the synergy of entities that join together for the production of a specific agricultural or agri-food product possessing a strongly territorial significance, with the aim of enhancing and promoting the typical Italian product in national and international markets.” As is readily apparent, the provision underscores the “strongly territorial significance” of the product. 10 Alongside Law of 10 April 1954, No. 125, mention should also be made of Presidential Decree of 5 August 1955, No. 667, which introduced regulatory provisions for the implementation of Law No. 125/1954 on the protection of designations of origin and typical denominations of cheeses. 11 The Ministry of Agriculture, Food Sovereignty and Forestry; for further details on recognised consortia, see www.masaf.gov.it. 12 On the institutional website of the Ministry, 328 products are listed as being subject to protection (PDO, PGI, TSG) and 529 wines likewise subject to a form of safeguard (DOCG, DOC, IGT); the data are taken from the institutional website of MASAF, see also www.masaf.gov.it. 411 TERRITORY AND GASTRONOMIC PRODUCTS OF EXCELLENCE: AN INDISSOLUBLE UNION
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