XIII. GASTRONOMY LAW AND CULTURAL HERITAGE In Italy, food is not just sustenance; it is a form of cultural expression. This is recognized in the law, which provides for the protection of Italy’s culinary heritage in a variety of ways26. Laws protecting traditional recipes are a key component of this legal framework. The EU’s system of protected designations (PDO, PGI, TSG) is the most powerful tool for protecting traditional recipes and production methods. By legally defining the characteristics of a product and linking it to a specific territory or tradition, these designations help to preserve the authenticity of Italy’s culinary treasures27. The UNESCO recognition of Italian cuisine is another important development in the protection of culinary heritage. In 2017, the art of the Neapolitan “Pizzaiuolo” was inscribed on UNESCO’s Representative List of the Intangible Cultural Heritage of Humanity. This recognition highlights the cultural significance of this culinary tradition and provides a platform for its promotion and safeguarding. Italy is now seeking UNESCO recognition for Italian cuisine as a whole, a move that would further elevate the status of its culinary heritage on the global stage28. The impact of globalization on Italian food laws is a complex and often contentious issue. On the one hand, globalization has brought new opportunities for Italian food producers, opening up new markets for their products. On the other hand, it has also brought new challenges, such as the proliferation of counterfeit “Italian” products and the pressure to standardize production methods. Italian and EU food laws are constantly evolving to address these challenges, as legislators seek to protect the authenticity and diversity of Italian cuisine in a globalized world. 26 In Italy, food is not just sustenance; it is a form of cultural expression. As underscored in constitutional scholarship, the right to food encompasses not only nutritional needs but also the freedom “to nourish oneself according to one’s own cultural convictions and inclinations,” reflecting the Republic’s duty “to protect and promote culinary and agricultural expressions of individuals and social groups”. 27 CGUE C-310/17, Levola Hengelo (2018) — “taste of food” not protectable by copyright; widely discussed by Italian scholars. 28 UNESCO Decision 12.COM 11.b.17 (2017) – Art of Neapolitan Pizzaiuolo (Intergovernmental Committee for the Safeguarding of the Intangible Cultural Heritage, 12th session (Jeju, Republic of Korea, 4–9 December 2017); Justification: Recognized as a culinary practice and social ritual involving the skill of preparing Neapolitan pizza, transmitted within families and workshops - The practice embodies songs, stories, and gestures that foster intergenerational exchange and a sense of community identity - Meets criteria R.1 to R.5 of the Convention, meaning: it is intangible heritage (R.1), contributes to visibility and awareness (R.2), has safeguarding measures (R.3), was nominated with community participation (R.4), and is included in a national inventory (R.5). 642 DUILIO CORTASSA
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