Gastronomy Law

COESCCI regulation is limited to one section (Tenth) that covers three articles from Article 309 to Article 311. They reaffirm the regulations applicable to the TSG contained in the COESCCI (Article 309); it establishes that the declared and registered TSG will be owned by the State. The applicant for an TSG must be an association of producers or manufacturers according to the COESCCI (Article 310). It also establishes other additional requirements (Article 311). In this regard, the Ecuadorian standard defines TSGs as: the identification of agricultural and food products that are distinguished by their specific characteristics derived from the use of raw materials or traditional ingredients or count as composition methods or traditional or artisanal production processes that correspond to the cultural identity applicable to that product or food; likewise, products recognized as TSGs, as a form of protection, may include the indication “Traditional Specialty Guaranteed” or the acronym “TSG” on their labeling and advertising (COESCCI, 2016, Article 447). In this regard, an TSG must be clearly differentiated from other similar products that belong to this category, and the characteristics that differentiate it must be related to the use of raw materials, composition, elaboration or traditional production process not linked to a geographical area (COESCCI, 2016, Article 448). The application for registration of a TSG must be submitted by groups of producers or manufacturers directly involved in the production of the product. In addition, a group may only submit an application for registration for agricultural or food products that it produces or obtains (COESCCI, 2016, Article 450); such application must be supported by a specification or other requirements of the regulation (COESCCI, 2016, Article 451). The requirements for registering the name, descriptions of the agricultural product, composition method, nature and characteristics of raw materials, production method, key elements, specific characteristics and traditional character are listed; and where numeral 8 stands out, which describes the minimum requirements and the control and regulation procedures of the specific characteristics of the product (COESCCI, 2016, Article 452); which is related to a prior control of the product to be registered to protect the consumer in the market regarding the quality, authenticity, and suitability of the product that intends to be registered as an TSG. Finally, it refers to the procedure that must be followed: that of geographical indications , except for what is established in the respective Regulation (COESCCI, 2016, article 453). It is established that any improper use of an TSG can be reported by any interested party to the responsible group, which must take measures to guarantee the identity and 740 CARLOS EDUARDO ARMAS MORALES

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