I am borrowing the final cue of the movie having the same name, in which the
great actor Fernand Contandin - whose stage name was Fernandel - recalling
himself to his duty and therefore chasing the equally great actor Antonio de'
Curtis, whose stage name was Totò. Despite it has been his frenemy Totò to
help him to get out from the troubles he was into, Fernandel - after a long
hesitation - he remembered himself he was a customs officer and he should act
like a lawman. The law is the law. It is commonly known, it has no exceptions.
However, in certain cases, exceptions are frequently raised and, sometimes,
they are enough to make the law appear as obtuse. Moreover, in the world
of wine, in the noble attempt of safeguarding and regulating production and
typicalness, sometimes the result is grotesque, while making hard the life of
honest producers who - of course - do not need a law in order to be like that.
Let's make this clear: laws are useful and needed, a sign of civilization as,
in a civilized and organized society, it is fundamental the existence of common
rules - written or simply moral - in order to safeguard honest people from the
ones who are not. Of course, I am not getting into the fact whether this
elementary and civilized social condition is always true, however it is
undeniable some laws, in trying to regulating certain aspects, sometimes they
exasperate its application. A sign that, sometimes, the ones who are writing
and issuing laws, do not seem to know the matter they are trying to regulate as
well as its application. It is very sad to say, but this is something
frequently happening for laws trying to regulate the world of agriculture, and
therefore of wine, by giving the idea of an insufficient knowledge or study
about those subjects. Or, maybe, it is something happening because of some
obscure reasons in order to safeguard the interests of corporations, and who
cares about the small and weak ones.
The most recent case is about the Testo Unico della Vite e del Vino - an
Italian law about viticulture and wine making - which will be in force on
January 1st, 2015 and transposed a law of European Regulation 1308/2014. The
element of discord is a part of article 53, for which FIVI (Federazione
Italiana Vignaioli Indipendenti - Italian Federation of Independent
Winegrowers) announced civil disobedience in case it is not changed. This law
forbids the use in labels - as well as in promotional materials, such as
brochures - of names corresponding to legally recognized appellations. The only
allowed exception is in case the place where the winery is located at has the
same name of an appellation. In this specific case, it can be written in the
label, provided the character used for printing does not exceed three
millimeters in height. For the sake of clarity, this norm wants to safeguard
appellations from any possible speculation and, in this sense, so far, so good.
FIVI has announced - in the words of president Matilde Poggi - «at this moment,
a winery cannot write in promotional and communication materials the region
where they are located». Carlo Petrini - founder of Slow Food association - has
rightly focused on the not so irrelevant consequences the application of this
law would cause to many winegrowers. The example used by Carlo Petrini is
pretty emblematic. A producer of Barolo village, who does not make the wine
having the same name, and producing Barbera d'Alba instead, can write
Barolo in labels, provided the character is not higher than three
millimeters. The law however forbids to that producer to tell the winery is
located in theLanghe area and, even worse, in Piedmont, as both corresponds to
two specific Italian appellations. In case a consumer does not know where
Barolo is geographically located in Italy, he or she will need to find it out
himself or herself, while accusing the producer of superficiality.
Carlo Petrini - with a brilliant and intelligent irony - suggests to those
producers how they should communicate that wine without breaching the law. «In
order to be safe, on the Internet they should simply write their vineyard is
located in Barolo village, in a territory between the Ligurian Sea and
Switzerland: avoid mentioning Vallée d'Aoste because it is a DOC and do not
dare to use that name». It sounds like a joke, but it is not. The norm, in the
good intentions of the legislator, aims to limit the chances of confusion in
consumers, because of some indications that could be confused with legally
recognized appellations. It seems appellations have a stronger dignity than the
real and actual origin of a producer and grapes, last but not the least, this
also represents a detrimental conditions for the ones affected by this law.
Moreover, these producers have also been deprived of the right - and duty - to
tell their territory and their land, only because they are in the wrong place
and, undeniably, this is not their fault.
As far as I am concerned, it is absurd someone - producer or citizen - is
legally deprived of the right of claiming his or her belonging to a territory
or region only because that place is exclusively reserved to a wine
appellation. Once again, I speak out my objection about quality of
appellations, in particular, I do not think quality is something you can get by
law, although I understand that - in any case - speculations and frauds must be
avoided. I however do not believe writing the name of a region or territory -
when one is in the legitimate condition of doing that because of a geographic
belonging - may cause confusion in consumers. Indeed, I believe this is a
useful information in order to better understand a producer as well as to
understand not all the wine produced inside an appellation is necessarily a
legal expression of that territory. Sometimes, the genius and fantasy
can lead to the creation of new things and, sometimes, even better than what it
is normally believed. After all, appellations can be easily recognized by their
respective abbreviations and explications. It is not about subversive
instigation: it simply is about freedom of interpreting a territory the way a
producer feels or believes about. Including the right of communicating it, just
because consumers must be safeguarded and treated with clarity.
Antonello Biancalana
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