Gastronomy Law

The resulting general picture confirms that the high number of protected gastronomic and oenological products is both an expression of their quality and a manifestation of the need to preserve their distinctive features—rooted in the past yet projected forward into the future. More specifically, these products further underscore—and, in other words, confirm—the initial proposition concerning the indissoluble bond between a territory and the product made therein, and vice versa. This bond reveals, with varying degrees of intensity, the close link between the place of production and the end result of that production. This relationship benefits from precise regulation at both EU and national level, which, taken together, give substance and meaning to the differentiated protection parameters recognised under the classifications PDO (Protected Designation of Origin), PGI (Protected Geographical Indication), and TSG (Traditional Speciality Guaranteed). Through producer consortia recognised by the Ministry, the objectives of promoting and enhancing the product are achieved, while protection is ensured by vigilant control over the use of the trademark, by initiatives to prevent counterfeiting, and by combating the marketing of counterfeit goods presented as quality-protected foods13. The consortium also plays the role of coordinator and catalyst for the entrepreneurial capacities of each producer, implementing—through coordination and mediation—actions aimed at strengthening protection, enhancing the commercial image of the product, and ensuring environmental sustainability. This last field of intervention is a recent development, involving the adoption of increasingly ecosystem-conscious production models and practices, and, more generally, to the environment and landscape. Turning again to the legal regulation of products, particular importance must also be attached to the production specifications adopted by each consortium. As is well known, these bind members to comply with the prescribed requirements. The aim is to ensure the quality and individuality of the product, and thereby to protect end consumers as to the truthfulness of the declared qualities, in compliance with those requirements. 13 Consider, for instance, the case of cheese marketed as Parmesan in order to mislead foreign consumers into believing that Parmesan is equivalent to Parmigiano Reggiano. See Court of Justice, 26 February 2008, Case C-132/05, Commission v. Germany, concerning the use of the designation “Parmesan” and the obligation of a Member State to sanction its unlawful use. 412 STEFANIA VASTA

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