VII. PROTECTED DESIGNATION OF ORIGIN (PDO, PGI, TSG) A defining feature of Italian Gastronomy Law is the robust legal protection afforded to its traditional and regional food products. This protection is primarily achieved through the European Union’s system of geographical indications and traditional specialities, which are legally defined in Regulation (EU) 2024/114315. The legal protection granted to these products is extensive. The registered names are protected against any direct or indirect commercial use for products not covered by the registration, and against any misuse, imitation, or evocation. The European Court of Justice has played a crucial role in interpreting the scope of this protection. In a landmark case concerning the use of the name “Parmesan” for cheese not complying with the PDO specification for “Parmigiano Reggiano”, the Court ruled that “Parmesan” is an evocation of the PDO and its use is therefore an infringement16. In Italy, the Ministry of Agricultural, Food and Forestry Policies is responsible for managing the application process for these designations and for overseeing the consortia (consorzi) that are tasked with protecting, promoting, and enforcing the rules for each protected product. These consortia play a vital role in ensuring the integrity of the system and in taking legal action against fraudulent 15 Regulation (EU) 2024/1143 of the European Parliament and of the Council of 11 April 2024 on geographical indications for wine, spirit drinks and agricultural products, as well as traditional specialities guaranteed and optional quality terms for agricultural products, amending Regulations (EU) No 1308/2013, (EU) 2019/787 and (EU) 2019/1753 and repealing Regulation (EU) No 1151/2012: • PDO (Protected Designation of Origin) - Denominazione di Origine Protetta (DOP): This is the highest level of protection. A product can only be granted PDO status if it is produced, processed, and prepared in a specific geographical area, using the recognized know-how of local producers and ingredients from the region. The quality and characteristics of a PDO product are essentially or exclusively determined by its geographical environment, including natural and human factors. Examples of Italian PDO products include Parmigiano Reggiano, Prosciutto di Parma, and Mozzarella di Bufala Campana. • PGI (Protected Geographical Indication) - Indicazione Geografica Protetta (IGP): The PGI designation is granted to products that have a specific link to the region in which they are made. At least one of the stages of production, processing, or preparation must take place in the designated area. The reputation of the product is a key element for obtaining PGI status. A well-known example of an Italian PGI product is Aceto Balsamico di Modena. • TSG (Traditional Speciality Guaranteed) - Specialità Tradizionale Garantita (STG): Unlike PDO and PGI, the TSG designation does not link a product to a specific geographical area. Instead, it highlights the traditional character of the product, either in its composition or its method of production. An iconic example of an Italian TSG is Pizza Napoletana (a traditional specialty officially registered in 2010. It is made from a soft dough of wheat flour, natural yeast or brewer’s yeast, water, and salt, shaped exclusively by hand without mechanical means, and baked in a wood-fired oven at about 485 °C for 60–90 seconds. The crust must be soft, elastic, and slightly raised at the edges (cornicione), while the centre remains thin and tender. Only two traditional versions are recognized: Marinara (tomato, garlic, oregano, olive oil) and Margherita (tomato, mozzarella di bufala or fior di latte, basil, olive oil). 16 Case C-132/05, Commission v Germany [2008] ECR I-957. 635 GASTRONOMY LAW IN ITALY
RkJQdWJsaXNoZXIy MTE4NzM5Nw==