Agricultural and Food GI and AO Recognition Requirements are Updated: What’s Changed?

On January 25, 2021, Resolution No. 13/2021, issued by the Secretariat of Food, Bioeconomy and Regional Development of the Ministry of Agriculture, Livestock and Fisheries, was published in the Official Gazette.

The Resolution establishes that the Department of Added Value and Quality Control (“the Registry”) of the Secretariat of Food, Bioeconomics and Regional Development of the Ministry of Agriculture, Livestock and Fisheries will be in charge of the Registry of Indications of Source and Appellations of Origin of Agricultural and Food Products, regulated by Law No. 25,380 as amended by Law No. 25,966.

The Registry’s functions are to:

 

• Maintain the GI and AO record of agricultural and food products and issue certificates.
• Process applications for registering the GIs and/or AOs of agricultural products and foodstuffs and submit them for approval or rejection.
• Regulate tariffs and fees for registration procedures.
• Request that the Argentine Institute of Industrial Property (INPI) inform the Registry whether a solicited designation is registered as a trademark in classes 22, 29, 30, 31 and 32 pursuant to the Nice Classification of Goods and Services, prior to registration of a GI/AO.
• Coordinate the registration of authorizations of use granted to associates by the Councils of Appellation of Origin of Agricultural and Food Products.
• Report the registration of AOs to the INPI.
• Provide information on registered names and authorizations of use.
• Coordinate the registration of modifications and/or termination of registrations of GIs and AOs.
• Coordinate the action of the Secretariat of Food, Bioeconomy and Productive Development as a court of appeal for cases related to conflicts between AO Councils.
• Coordinate AO protection system tasks and assist in any representation before international organizations.
• Monitor compliance with the production and manufacturing conditions established in each Appellation of Origin regulation and supervise AO Council oversight.
• Follow up on complaints regarding possible noncompliance and the application of sanctions.
• Maintain a record of noncompliance cases pursuant to the provisions of Law No. 25,380.
• Facilitate agreements for the protection and promotion of AOs of agricultural and food products recognized by Argentina.
• Establish an Argentine Advisory Commission on Geographical Indications and Appellations of Origin of Agricultural and Food Products and stipulate how it will operate.
• Update the forms for the recognition, registration and protection of AOs and GIs; the “Application Guide” for processing the forms for the registration of a GIs or AOs; the “Provincial Endorsement,” and the “Glossary of Terms.”

In addition, the Resolution approves:

• the application forms for the recognition, registration and protection of AOs and GIs
• the “Application Guide”
• the “Provincial Endorsement”
• the “Glossary of Terms”

 

The Secretary of Food, Bioeconomy and Regional Development will chair the National Advisory Commission on GIs and AOs. Commission members will perform their duties ad honorem.

The Guide, which can be found in the Resolution Annex, is intended to help interested parties to implement the necessary setup or protocol to meet GI recognition requirements.

The Guide also includes a series of questions suggested by the FAO (Food and Agricultural Organization of the United Nations) to assist the group of producers when considering whether the necessary conditions for the protection of GIs or AOs are met. By way of example, guiding questions refer to the definition of the geographical area where the product in question is or could be produced; to proof of origin or link with the territory, among others.

The guide also specifies issues to be considered in relation to GI/AO labeling, the required annual marketable volume affidavit and the endorsement issued by the Argentine provinces.

The Glossary provides a uniform interpretation of the terms contained in the rules on GI/AO recognition under in Law No. 25,380 and its amendments. It defines terms such as specific/particular quality; Regulatory Council; Specifications; typicality; traceability; link; reputation-name. In particular, the Glossary states that the GI/AO of wines and spirits of vinic origin, which are governed by Law No. 25,163 and complementary laws, are excluded.

It also clarifies that the term “agricultural” derives from agriculture, an activity that includes the use of land to cultivate plant species and raise animals for the purpose of producing food and raw materials.

Therefore, the term ‘agricultural’ includes both agricultural, livestock and fishing products, and could also include vegetable fibers (wool, cotton), animal fibers (hides), wood (up to its first transformation), and ornamental plants.

Handicrafts and textile derivatives such as clothing are not governed by this regulation.