Event Title

Panel 1: Italian Coffee & Healthy Foods

Location

Large Courtroom, FIU College of Law

Start Date

21-2-2020 9:15 AM

End Date

21-2-2020 10:30 AM

Description

Contract Law in the Agri-Food Chain

Bianca Gardella Tedeschi, Università degli Studi del Piemonte Orientale “A. Avogadro”

Contract Law in the Agrifood chain in Italy is regulated by law 27/2012 art. 62. The law regulates B2B contracts with the specific aim of protecting producers. The law introduces a sort of “commercial ethic” into the agrifood chain, as it defines unfair business practices in this specific field. In 2019, the UE approved directive UE 2019/633 that prohibits in every Member State unfair business practices that are harmful for producers. The paper will assess how the law and the directive have been implemented and how effective they can be for producers.

Beyond the junk food versus European PGI, PDO and TSG Certification Marks Divide: When ‘good’ food is illegal

Maria Rosaria Marella, Università degli Studi di Perugia

This essay analyzes the impact of EU law’s certification marks such as “Protected Designation of Origin” (PDO), “Protected Geographical Indication” (PGI), and “Traditional Specialty Guaranteed” (TSG) on the production of food within subsistence economies in Italy. It challenges the creation of certification marks as the right and only way to preserve Italian traditional good food. I argue that, on the contrary, it produces the effect of marginalizing and eventually putting out-of-business the small producers that do not have access to the certification marks circuit nor want to yield to the mass production of food. EU law imposes specific food quality and safety standards based on production and packaging methods that rightly aim to protect the health of consumers, but they require investments that producers in subsistence economies cannot afford. This makes the food that they produce illegal and squeezes them out of the market. Additionally, the EU strategy of preserving traditional foods and food production methods through certification marks creates an elitist supply, destined for an audience of wealthy and educated consumers, while the rest of the market is flooded with standardized and poor industrial food. In this framework the food production from subsistence economies has no more space on the market. Considering that this type of production is at the origin of the Italian good food tradition well known throughout the world, the results of the EU strategy must be critically reconsidered.

A video clip will illustrate this reality through the telltale of some of these small producers

The Legal Architecture of Coffee

Helena Alviar García, Universidad de Los Andes, Colombia & Sciences Po Law School, Paris

Coffee is essential to Italian culinary experience and lifestyle. In an article published by the Eataly online magazine, Italian coffee culture is described in the following way: “The day is defined by coffee rituals: a cappuccino with breakfast, a caffè macchiato–or two–as an afternoon pick-me-up, and espresso after dinner. And like any culture, that of Italian coffee comes with seemingly mysterious laws. Order a latte, and you’ll receive a glass of milk (which is exactly what you ordered). Ask for a to-go cup or order a cappuccino after 11 a.m., and risk an instant tourist label.”

Despite its relevance, coffee is not produced in Italy. This essay will be dedicated to Colombian coffee, one of the many countries that export this product to Italy. Although described as the result of privileged geographical and weather conditions and the care of coffee growers, Colombian coffee is the product of a set of laws, regulatory privileges, institutional arrangements and public resources. As a consequence, the text will explore the legal architecture that makes Café de Colombia what it is.

Tradition, Authenticity and Provenance in European Food Governance and Beyond

Lorenzo Bairati, Universita di Scienze Gastronomiche di Pollenzo

In the communication of foodstuffs there is an overuse of the notion of quality. Consumers are highly attracted to this concept even if its features and boundaries remain absolutely vague. Quality encompasses such terms as authenticity, tradition, diversity, territory, craftsmanship and naturalness, but these factors are, in turn, ambiguous in and of themselves, and often contradicted by the latest evolution of food production and distribution.

This essay analyzes the relevance of these features in Europe from a legal perspective, as opposed to the homologation of tastes and cultures produced by the globalization of food systems. The reference to them in marketing and their reconstruction through PDOs and PGIs, as regulated by EU Regulation 1151/2011, is addressed in order to reflect the ongoing debate on food quality and its international protection.

Consumer expectations will be considered as a seminal parameter in assessing the European state of the art in food quality preservation, especially from the Italian perspective. Concluding remarks will analyze the international debate on the “Italian Sounding” phenomenon, stress the conflicting positions (mainly expressed by the EU and the US), and propose insights to consider this controversy from a new perspective.

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Feb 21st, 9:15 AM Feb 21st, 10:30 AM

Panel 1: Italian Coffee & Healthy Foods

Large Courtroom, FIU College of Law

Contract Law in the Agri-Food Chain

Bianca Gardella Tedeschi, Università degli Studi del Piemonte Orientale “A. Avogadro”

Contract Law in the Agrifood chain in Italy is regulated by law 27/2012 art. 62. The law regulates B2B contracts with the specific aim of protecting producers. The law introduces a sort of “commercial ethic” into the agrifood chain, as it defines unfair business practices in this specific field. In 2019, the UE approved directive UE 2019/633 that prohibits in every Member State unfair business practices that are harmful for producers. The paper will assess how the law and the directive have been implemented and how effective they can be for producers.

Beyond the junk food versus European PGI, PDO and TSG Certification Marks Divide: When ‘good’ food is illegal

Maria Rosaria Marella, Università degli Studi di Perugia

This essay analyzes the impact of EU law’s certification marks such as “Protected Designation of Origin” (PDO), “Protected Geographical Indication” (PGI), and “Traditional Specialty Guaranteed” (TSG) on the production of food within subsistence economies in Italy. It challenges the creation of certification marks as the right and only way to preserve Italian traditional good food. I argue that, on the contrary, it produces the effect of marginalizing and eventually putting out-of-business the small producers that do not have access to the certification marks circuit nor want to yield to the mass production of food. EU law imposes specific food quality and safety standards based on production and packaging methods that rightly aim to protect the health of consumers, but they require investments that producers in subsistence economies cannot afford. This makes the food that they produce illegal and squeezes them out of the market. Additionally, the EU strategy of preserving traditional foods and food production methods through certification marks creates an elitist supply, destined for an audience of wealthy and educated consumers, while the rest of the market is flooded with standardized and poor industrial food. In this framework the food production from subsistence economies has no more space on the market. Considering that this type of production is at the origin of the Italian good food tradition well known throughout the world, the results of the EU strategy must be critically reconsidered.

A video clip will illustrate this reality through the telltale of some of these small producers

The Legal Architecture of Coffee

Helena Alviar García, Universidad de Los Andes, Colombia & Sciences Po Law School, Paris

Coffee is essential to Italian culinary experience and lifestyle. In an article published by the Eataly online magazine, Italian coffee culture is described in the following way: “The day is defined by coffee rituals: a cappuccino with breakfast, a caffè macchiato–or two–as an afternoon pick-me-up, and espresso after dinner. And like any culture, that of Italian coffee comes with seemingly mysterious laws. Order a latte, and you’ll receive a glass of milk (which is exactly what you ordered). Ask for a to-go cup or order a cappuccino after 11 a.m., and risk an instant tourist label.”

Despite its relevance, coffee is not produced in Italy. This essay will be dedicated to Colombian coffee, one of the many countries that export this product to Italy. Although described as the result of privileged geographical and weather conditions and the care of coffee growers, Colombian coffee is the product of a set of laws, regulatory privileges, institutional arrangements and public resources. As a consequence, the text will explore the legal architecture that makes Café de Colombia what it is.

Tradition, Authenticity and Provenance in European Food Governance and Beyond

Lorenzo Bairati, Universita di Scienze Gastronomiche di Pollenzo

In the communication of foodstuffs there is an overuse of the notion of quality. Consumers are highly attracted to this concept even if its features and boundaries remain absolutely vague. Quality encompasses such terms as authenticity, tradition, diversity, territory, craftsmanship and naturalness, but these factors are, in turn, ambiguous in and of themselves, and often contradicted by the latest evolution of food production and distribution.

This essay analyzes the relevance of these features in Europe from a legal perspective, as opposed to the homologation of tastes and cultures produced by the globalization of food systems. The reference to them in marketing and their reconstruction through PDOs and PGIs, as regulated by EU Regulation 1151/2011, is addressed in order to reflect the ongoing debate on food quality and its international protection.

Consumer expectations will be considered as a seminal parameter in assessing the European state of the art in food quality preservation, especially from the Italian perspective. Concluding remarks will analyze the international debate on the “Italian Sounding” phenomenon, stress the conflicting positions (mainly expressed by the EU and the US), and propose insights to consider this controversy from a new perspective.