submission to object to terms proposed by the … gorgonzola submission … · january 1897 that...
TRANSCRIPT
SUBMISSION TO OBJECT TO TERMS PROPOSED BY THE EUROPEAN UNION FOR PROTECTION AS GEOGRAPHICAL INDICATIONS IN AUSTRALIA
Submitter’s contact information
Name: Shawna Morris
Company represented, including ACN or ABN, if any: Consortium for Common Food Names (CCFN)
Other representative:
E-mail address: [email protected]
Mailing address: 2107 Wilson Blvd., Suite 600, Arlington, VA, 22201, United States of America
Phone number: +1 (703) 528-4818
EU GI name you are objecting to (please use a new form for each term objected to)
GORGONZOLA
Ground(s) of objection to the protection of the EU GI name (please tick all the grounds that apply)
1. The EU GI name is used in Australia as the common name for the relevant good. (See details below regarding grounds for our objection based on this element.)
2. The EU GI name is used in Australia as the name of a plant variety or an animal
breed. (Please provide any relevant information that shows the name is also a plant variety or animal breed, such as studies, articles, copies of websites or any other relevant information)
3. The EU GI name is identical to, or likely to cause confusion with a trademark or
geographical indication that is registered or the subject of a pending application in Australia. (Please include the details of the GI or the trade mark including the trade mark number)
4. The EU GI name is identical, or likely to cause confusion with, an unregistered trade
mark or geographical indication that has acquired rights through use in Australia. (Please identify the trade mark or GI and provide information that demonstrates how it is being used in the Australian marketplace.)
5. The EU GI name contains or consists of scandalous matter. (Please identify
examples of how the name could be used in an offensive manner and who it would be offensive to.)
X
Information or evidence supporting objection
1. The Opponent, the Consortium for Common Food Names (“CCFN”), is an independent, international non-profit alliance whose goal is to work with leaders in agriculture, trade, and
intellectual property rights to foster the adoption of high standards and model geographical indication guidelines throughout the world. It is committed to working closely with all
stakeholders as well as policymakers in the world to assist in amongst others, developing a clear and reasonable scope of protection for geographical indications as well as to foster
adoption of a high-standard and model geographical indication guidelines worldwide.
2. The word “gorgonzola” is a common name, describing a particular style of cheese. This blue
cheese can be buttery or firm, crumbly and quite salty, with a "bite" from its blue veining. In support of ground number 1, above (the EU GI name is used in Australia as the common name
for the relevant good), CCFN presents the following evidence and information in support:
• In Australia the term “gorgonzola” has been in the market for a long time: it is clear in the 3 examples below that other traders from outside the region of Italy used
"gorgonzola" in relation to cheese products offered in Australia. The advertisements below which appeared in Australia in the late 1800s describe the
product as “English” for instance: i. Extracted below is an advertisement from The Argus dated 16 January
1882, referring to "6 cases prime English cheese [emphasis added], comprising Stilton, Gorgonzola and Rochefort [sic]":
ii. Extracted below is an advertisement from The Australian Star dated 20 January 1897 that advertises Australian-made gorgonzola. Bodalla is a
New South Wales- based dairy company:
iii. Extracted below is an advertisement from The Argus dated 18 January 1882, referring to "6 cases prime English cheese [emphasis added],
comprising Stilton, Gorgonzola and Rochefort [sic]":
• A Victorian Government Gazette of 11 June 1952 (http://www.austlii.edu.au/au/other/vic_gazette/1952/489.pdf) specified post-war
pricing for the following "gorgonzola" products on page 2943: i. Jacobs Gorgonzola. Jacobs Dairy Produce Company Ltd was an
Australian diary and cheese making company:
ii. Danish Gorgonzola (this presumably indicates a product originating in Denmark);
iii. Plumrose Brand Gorgonzola. Plumrose was historically a Danish company
(https://australianfoodtimeline.com.au/petersville/) and the PLUMROSE brand is now owned by Zwanenberg Food Group BV, a Dutch company
(see, for example, Australian trade mark registration 131889; iv. Kraft Gorgonzola cheese spread. Kraft is an American grocery
manufacturing and processing company headquartered in Chicago, Illinois.
• Australian cheese manufacturers continue to use "gorgonzola-style" and similar terms as a description of their blue vein cheese products to inform consumers
about the nature of their products. These include: Lion Foods' ENDEAVOUR BLUE cheese product, which is labelled as "gorgonzola style":
The product has been sold in Australia since 1998.
• "Gorgonzola" is claimed as a good in several current or former trade mark
applications and registrations in Australia, the details of which are set out in Annexure A. The applicants and registrants include Australian traders and other
Italian traders from outside the EU PDO "gorgonzola" region in Italy. These indicate that the term is regarded as a common name for a style of cheese in Australia by Australian and European producers alike.
• Around the world, “gorgonzola” has been produced and sold as a generic name for a type of cheese. It has been used extensively by many cheese manufacturers.
For example, in the United States, Canada and Uruguay companies offer cheeses
not produced in Italy using the term “gorgonzola”. Exhibit 1 is a non-exhaustive list of companies that offer cheeses under the generic term “gorgonzola”. Pages from
each of the websites showing use of the generic terms are also attached as part of Exhibit 1. It is important to note that each of these websites can be accessed by
the Australian consumer. In addition to New Zealand and the EU, the USA is one of the three major exporters of cheese products to Australia:
https://www.dairyaustralia.com.au/industry/production-and-sales/cheese, so protection would present an obstacle to the legitimate export activities of major
trading partners.
• In one of Australia’s free trade agreement partners, the United States Food and Drug Administration has established what are known as standards of identity
(SOIs). SOIs establish the common name for a food and define the basic nature of that food and its ingredients. The US Code of Federal Regulations Title 21--FOOD AND DRUGS, CHAPTER I--FOOD AND DRUG ADMINISTRATION,
SUBCHAPTER B--FOOD FOR HUMAN CONSUMPTION establishes the production process of “gorgonzola” cheese. A copy of the relevant section of the
code is attached as Exhibit 2. This SOI, in addition to establishing “gorgonzola” as the product name for this type of cheese for production in the United States, would
also apply to any “gorgonzola” cheese imported from non-United States countries, including Australia. Given that Australia is a significant exporter of cheese to the
United States, Australian exporters of cheese to the United States would be familiar with the fact that “gorgonzola” is considered a generic term for a type of cheese
and not a cheese from a specific geographic location. See Exhibit 3 showing cheese exports to the United States from Australia.
• Even the European Union has a documented record of previously treating “gorgonzola” as a generic term for a type of cheese as evidenced by the fact that
“gorgonzola” is listed in the EU tariff schedule. The Integrated Tariff of the European Community (“TARIC”) applies to all members of the EU and contains
more than 14,000 codes for goods. TARIC designates the tax rate for each code of imported goods, other fees payable upon import, and licenses/special licenses
(if requested) for importing goods into the EU from countries all around the world, including from Australia. ‘Gorgonzola” cheese is listed in TARIC under code
04064050 and can be found in Exhibit 4. If “gorgonzola” was not a type of cheese and could only be produced under the EU geographical indication for “gorgonzola”,
there would be no need to include the term in the tariff schedule.
• Australia media articles are listing “gorgonzola” as a type of cheese, including references to it being made in Australia, that’s at threat of restriction. In these media
reports there are references to both Australian production and at times production in other countries as well. Link to the articles can be found in Exhibit 5.
• In different blogs in Australia “gorgonzola” is used in a way that suggests it is simply
an ingredient or type of cheese which can be produced anywhere. Some examples can be found in Exhibit 6.
• The United States and Australia brought a World Trademark Organization dispute resolution procedure (DS174; DS290) against the EU’s geographical indication
protection regime (the predecessor to the current EU protection regime). The EU defended its protection of geographical indications even when those protections
would be in conflict with prior trademark rights. The EU was successful in defending its geographical indication regime based solely on the grounds that use
of the geographical indications registered pursuant to that regime would be considered a “fair use” under Article 17 of the TRIPS Agreement. It is striking that
the EU now tries to deny the “fair use” of generic terms based on those same geographical indications. Specifically, the EU stated:
“Moreover, Article 17 [of the TRIPS Agreement] mentions expressly as an
example of "limited exception" the "fair use of descriptive terms".
Geographical indications are "descriptive terms"…. The use of a
geographical indication in order to indicate the true origin of the goods and
the characteristic associated to that origin is certainly a "fair" use of that
descriptive term.”
WT/DS174/R/Add.2
Annex B-2, page B-81, ¶318
174RA2-01.pdf
This bad faith action on the part of the EU clearly indicates that its efforts to protect “gorgonzola” as a geographical indication in Australia is nothing more than an
attempt to monopolize generic terms for the benefit of its producers and to the detriment of other producers from around the world and to the detriment of
Australian supply chain purchasers and consumers who would be denied greater competition and more choices of cheese products
• The pursuit of protection for this EU GI despite clear evidence of the common name status of “gorgonzola” is imposing costly burdens on companies by forcing
businesses (directly or via associations) to object to this GI to avoid negative impacts. Registration of the GI would compound this harm, resulting in heavy
burdens on Australian food manufacturers/suppliers/importers, as well as on companies in Australia’s trade partners, who are simply trying to continue to sell
their products and maintain market access opportunities already established by Australia, whether domestically or via market access rights granted under prior
FTAs such as the U.S.-Australia FTA. Granting protection for the term “gorgonzola” as a GI would be highly disruptive in terms of their continued sales and
maintenance of future sales opportunities for this product type.
• Protection of EU GIs will give GI holders effectively “permanent” protection as a result of the typical nature of GI protection as well as wide ranging enforcement
rights against the use of common names as ingredients (which extends beyond the usual scope of trademark rights), as well as the ability to enforce protected GIs against what the EU asserts to be “deceptively similar” names, which could capture
additional common names, names that include only part of the GI or part of the English translation of the foreign name. EU trademark owners can already obtain
protection for their specific registered marks in Australia and should be required to pursue the exact same process open to all other mark applicants already. It is
entirely inappropriate for Australia to contemplate granting EU producers special privileges that they could not win through use of the trademark system on the
independent merits of their own applications.
3. For the foregoing reasons, we respectfully request that the term GORGONZOLA be denied protection as a geographical indication in Australia.
Annexure A – Current and expired Australian trade mark registrations for goods including "gorgonzola"
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status SO GOOD IT'S PERFECT
1115058 New Zealand Milk
Brands Limited
24 MAY 2006
(Priority Date:
23 MAY 2006)
Class: 29 Cheese including Italian style cheese, ricotta,
cottage, mozzarella, bocconcini, gorgonzola, mascarpone,
parmesan, pecorino, romana and hard cheeses; cheese
products
Lapsed
1742113
(IR
No.12795
92)
SAVIOLA S.p.a. 01 OCT 2015 Class: 29 Milk and milk derivatives (dairy products); cheese;
cheese from the Po area and Parmesan (Grana Padano and
Parmigiano Reggiano); cheese from the Po area and grated
Parmesan (grated Grana Padano and Parmigiano Reggiano);
mozzarella; Gorgonzola (mould-ripened and blue-veined
cheese); cheese cut into pieces; soft cheese; pressed
cheese; cut cheese; charcuterie; hams; sausages; bacon;
pork-based foods (capocollo)
Not protected:
Not accepted
MOZZARISELLA 1940397
(IR
No.13181
89)
MISTER BIO
FOOD S.r.l.,
FRESCOLAT S.r.l.
25 MAY 2018 Class: 29 White of eggs, eggs, egg substitutes; fish, not live,
fish substitutes, fish-based food, namely fish fillets, fish pies,
fish sticks, fish balls, fish cakes, breaded fish, fish burgers,
surimi, fish for making sushi; foodstuffs based on fish
substitutes, namely fillets based on fish substitutes, pies
based on fish substitutes, sticks based on fish substitutes;
foodstuffs based on fish substitutes, namely balls based on
fish substitutes, cakes based on fish substitutes, breaded fish
Registered
(Renewal Due
Date 19 FEB
2026)
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status substitutes, burgers based on fish substitutes, surimi based
on fish substitutes, fish substitutes for making sushi; fresh,
chilled and frozen foodstuffs based on fish and fish
substitutes, namely fish mousses, fish pie, fish sausages, fish
sticks, fish balls, fish cakes, breaded fish, fish burgers, surimi,
fish for making sushi, sticks based on fish substitutes; fresh,
chilled and frozen foodstuffs based on fish and fish
substitutes, namely balls based on fish substitutes, cakes
based on fish substitutes, breaded fish substitutes, burgers
based on fish substitutes, surimi based on fish substitutes,
fish substitutes for making sushi; fish fingers made with fish
and with fish substitutes; fermented vegetable foodstuffs,
namely kimchi; cooked, preserved and frozen chicken, meat,
fish, croquettes based on fish or meat substitutes; french fries;
vegetarian meatballs, cooked, preserved and frozen
vegetarian meatballs; meat, meat substitutes, foodstuffs
consisting predominantly of meat, foodstuffs consisting
predominantly of meat substitutes; fresh, chilled and frozen
foodstuffs consisting predominantly of meat and meat
substitutes; milk ferments for culinary purposes; dairy
products and substitutes therefor, namely cheese, cheese
spreads, melted cheese, fresh non-matured cheese, matured
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status cheese, cream cheese, gorgonzola; dairy products and dairy
substitutes, namely, substitutes for fresh non-matured
cheese, matured cheese substitutes, cheese spread
substitutes, gorgonzola substitutes, melted cheese
substitutes; cheese products, cheese substitutes; milk; soya
milk [milk substitute]; rice milk for use as a milk substitute;
dairy products, namely, cheese products, yoghurt, cream
(dairy products), whipped cream; dairy products based on
milk substitutes, namely, cheese substitutes, yoghurt
substitutes, cream substitutes, whipped cream substitutes;
margarine, margarine substitutes; cream (dairy products),
creamed vegetables; whipped cream, whipped cream
substitutes; yogurt, yoghurt substitutes, yoghurt based on milk
substitutes; fermented milk, beverages based on fermented
milk; curd; beverages based on sour milk; fermented milk
substitutes, beverages based on fermented milk substitutes;
lactic acid bacteria drinks; kefir [milk beverage]; desserts
based on milk substitutes, namely milk-based beverages, milk
shakes; fruit jellies; fruit salads; fruit-based snack food;
unsweetened and unflavoured jellies; hummus; soup
(preparations for making-), chowder, mousses (vegetable);
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status edible fats, namely fat-containing mixtures for bread slices;
veggie burgers [patties]; fruit pulp
Class: 30 Preparations made from cereals, namely, cereal-
based flakes, maize flakes; rusks; muesli; pizza, uncooked
pizzas, preserved pizzas, frozen pizzas; pasta, ravioli,
macaroni, spaghetti, vermicelli [noodles], noodles, tortellini,
pasta containing stuffings, lasagne; bread, bread rolls,
crackers; noodle-based prepared meals; egg rolls; cereal-
based snack food; sushi; tabbouleh; tacos; tortillas; frozen,
prepared or pre-packaged ready meals consisting
predominantly of pasta or rice; frozen dough for pizzas, bread
or other bakery goods; frozen pastries; bread rolls, filled bread
rolls, cheeseburgers; amaretti biscuits; spice preparations in
paste form, sweet pasties, sponge cake; high-protein cereal
bars; cocoa, cocoa spreads, cocoa-based beverages, candy
with cocoa, chocolate-coated cocoa beans, cocoa beverages
with milk, cocoa extracts for human consumption, mixes for
cocoa, cocoa powder, cocoa-based beverages, cocoa-based
sauces and condiments for food and beverages, cocoa-based
ingredients for confectionery; tarts, sponge cake, buns,
waffles; pastes for cakes, namely icing for cakes and frosting
for cakes; puff pastry, shortbread; short pastry, namely, choux
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status pastry, shortcrust pastry dough; sour dough; cake powder,
namely, flavourings, other than essential oils, for cakes; cake
mixes; tarts; mousses (chocolate -); gingerbread, cakes,
frozen cakes; pie crusts; sponge cake; lozenges; sweeteners
(natural -); confectionery, namely sugar confectionery, frozen
confectionery, chocolate cakes; bubble gum; halvah; malt
extracts and malt for human consumption; caramels; fruit
sauces, other than cranberry sauce and apple sauce; custard;
pancakes; imitation custard; puddings; pudding substitutes;
edible ices, starch-based binding agents for ice cream,
powders for ice cream, ice cream substitute; frozen dessert
products, namely, frozen soya-based cakes, frozen cakes
based on fruit and cream or cream substitutes; rice-based
cakes, namely rice-based puddings and cakes based on
ground rice; sorbets and sherbets; beverages based on
coffee, tea, cocoa and substitutes therefor; drinking chocolate;
vegetal preparations for use as coffee substitutes; savory
pastries; meat pies, pies made with meat substitutes; fish-
based pastes, pastes containing fish substitutes; pies
containing vegetables; pies containing cheese, pies
containing cheese substitutes; pies containing egg, pies
containing egg substitutes; spices; alimentary seasonings,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status namely, sauces; condiments, namely, tomato ketchup, pesto,
mayonnaise, imitation mayonnaise, salad dressings,
marinades, tomato sauce; soya bean paste; sauces; frozen
yoghurt based on yoghurt and yoghurt substitutes
Exhibit 1:
Non-exhaustive List of Companies Producing Cheese containing the term "gorgonzola”
as a generic name outside Australia
Company Name Country Website
Castello Canada https://www.castellocheese.com/en-ca/products/castello-gorgonzola/
Nonno Antonio Uruguay https://www.nonnoantonio.com/quesos.html
Belgioioso Cheese Company
United States https://www.belgioioso.com/Products/Crumbly-Gorgonzola
Churny Company United States https://www.athenos.com/products/other
Saputo Cheese USA Inc. (Stella brand)
United States https://www.stellacheese.com/en/our-cheese/gorgonzola/gorgonzola
Caves of Faribault United States http://www.faribaultdairy.com/about/amablu-
gorgonzola.htm
Company Name Country Website
Crystal Farms RDC United States http://www.crystalfarmscheese.com/products/product-view.cfm?ProductID=167&sel1=&sel2=asiago,blue%20cheese,feta,goat,gorgonzola,parmesan,romano,ricotta,&sel3=
Carr Valley Cheese Co., Inc.
United States https://carrvalleycheese.com/?s=gorgonzola&orderby=relevance&order=DESC&post_type=post%2Cpage%2Cproduct%2Ccpt_iconic_wlv
Dairy Farmers of Wisconsin
United States https://www.wisconsincheese.com/find-cheese/ch/25/gorgonzola
Sartori Company United States https://shop.sartoricheese.com/search?q=gorgo
nzola
Exhibit 2: U.S. Code of Federal Regulations
10/21/19, 12:31 PMCFR - Code of Federal Regulations Title 21
Page 1 of 3https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=133.141
The information on this page is current as of April 1 2019.For the most up-to-date version of CFR Title 21, go to the Electronic Code of Federal Regulations(eCFR).6
New Search Help7 | More About 21CFR 8
[Code of Federal Regulations][Title 21, Volume 2][Revised as of April 1, 2019][CITE: 21CFR133.141]
TITLE 21--FOOD AND DRUGSCHAPTER I--FOOD AND DRUG ADMINISTRATIONDEPARTMENT OF HEALTH AND HUMAN SERVICESSUBCHAPTER B--FOOD FOR HUMAN CONSUMPTION
PART 133 -- CHEESES AND RELATED CHEESE PRODUCTS
Subpart B--Requirements for Specific Standardized Cheese and RelatedProducts
Sec. 133.141 Gorgonzola cheese.
(a) Description. (1) Gorgonzola cheese is the food prepared by theprocedure set forth in paragraph (a)(2) of this section or by any otherprocedure which produces a finished cheese having the same physical andchemical properties. It is characterized by the presence of bluish-greenmold, Penicillium roquefortii, throughout the cheese. The minimum milkfatcontent is 50 percent by weight of the solids and the maximum moisturecontent is 42 percent by weight, as determined by the methods described in133.5. The dairy ingredients used may be pasteurized. Gorgonzola cheese isat least 90 days old.
(2) One or more of the dairy ingredients specified in paragraph (b)(1) ofthis section may be warmed and is subjected to the action of a lactic acid-producing bacterial culture. One or more of the clotting enzymes specifiedin paragraph (b)(2) of this section is added to set the dairy ingredientsto a semisolid mass. The mass is cut into smaller portions and allowed tostand for a time. The mixed curd and whey is placed into forms permittingfurther drainage. While being placed in forms, spores of the moldPenicillium roquefortii are added. The forms are turned several timesduring drainage. When sufficiently drained, the shaped curd is removed fromthe forms and salted with dry salt or brine. Perforations are then made inthe shaped curd and it is held at a temperature of approximately 50 deg. Fat 90 to 95 percent relative humidity, until the characteristic mold growthhas developed. During storage, the surface of the cheese may be scraped to
CFR - Code of Federal Regulations Title 21FDA Home3 Medical Devices4 Databases5
10/21/19, 12:31 PMCFR - Code of Federal Regulations Title 21
Page 2 of 3https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=133.141
remove surface growth of undesirable microorganisms. One or more of theother optional ingredients specified in paragraph (b)(3) of this sectionmay be added during the procedure.
(b) Optional ingredients. The following safe and suitable ingredients maybe used:
(1) Dairy ingredients. Milk, nonfat milk, or cream, as defined in 133.3, orcorresponding products of goat origin, used alone or in combination.
(2) Clotting enzymes. Rennet and/or other clotting enzymes of animal,plant, or microbial origin.
(3) Other optional ingredients. (i) Blue or green color in an amount toneutralize the natural yellow color of the curd.
(ii) Calcium chloride in an amount not more than 0.02 percent (calculatedas anhydrous calcium chloride) of the weight of the dairy ingredients, usedas a coagulation aid.
(iii) Enzymes of animal, plant, or microbial origin, used in curing orflavor development.
(iv) Antimycotic agents, the cumulative levels of which shall not exceedcurrent good manufacturing practice, may be added to the surface of thecheese.
(v) Benzoyl peroxide, or a mixture of benzoyl peroxide with potassium alum,calcium sulfate, and magnesium carbonate used to bleach the dairyingredients. The weight of the benzoyl peroxide is not more than 0.002percent of the weight of the dairy ingredients being bleached, and theweight of the potassium alum, calcium sulfate, and magnesium carbonate,singly or combined, is not more than six times the weight of the benzoylperoxide used. If the dairy ingredients are bleached in this manner,vitamin A is added to the curd in such quantity as to compensate for thevitamin A or its precursors destroyed in the bleaching process, andartificial coloring is not used.
(vi) Vegetable fats or oil which may be hydrogenated, used as a coating forthe rind.
(c) Nomenclature. The name of the food is "gorgonzola cheese".
(d) Label declaration. Each of the ingredients used in the food shall bedeclared on the label as required by the applicable sections of parts 101and 130 of this chapter, except that:
(1) Enzymes of animal, plant, or microbial origin may be declared as"enzymes"; and
(2) The dairy ingredients may be declared, in descending order ofpredominance, by the use of the terms "milkfat and nonfat milk" or "nonfatmilk and milkfat", as appropriate; "milkfat from goat's milk and nonfatgoat's milk", etc.
[54 FR 32054, Aug. 4, 1989, as amended at 58 FR 2893, Jan. 6, 1993]
Links on this page:
1. http://www.addthis.com/bookmark.php?u508=true&v=152&username=fdamain
2. http://www.addthis.com/bookmark.php
3. https://www.fda.gov/
10/21/19, 12:31 PMCFR - Code of Federal Regulations Title 21
Page 3 of 3https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=133.141
4. https://www.fda.gov/MedicalDevices/default.htm
5. https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Databases/default.htm
6. http://www.ecfr.gov/cgi-bin/text-idx?SID=3ee286332416f26a91d9e6d786a604ab&mc=true&tpl=/ecfrbrowse/Title21/21tab_02.tpl
7. /scripts/cdrh/cfdocs/search/default.cfm?FAQ=true
8. https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Databases/ucm135680.htm
Page Last Updated: 09/19/2019
Note: If you need help accessing information in different file formats, see Instructions for Downloading Viewersand Players. Language Assistance Available: Español | ᔺ℆Ӿ | Tiếng Việt | 한국어 | Tagalog | Русский | العربیة | Kreyòl Ayisyen| Français | Polski | Português | Italiano | Deutsch | ෭承 | فارسی | English
Accessibility Contact FDA Careers FDA Basics FOIA No FEAR Act Nondiscrimination Website Policies
U.S. Food and Drug Administration10903 New Hampshire Avenue Silver Spring, MD 20993 Ph. 1-888-INFO-FDA (1-888-463-6332)Contact FDA
For Government For Press
Combination Products Advisory Committees Science & Research Regulatory Information Safety EmergencyPreparedness International Programs News & Events Training and Continuing EducationInspections/Compliance State & Local Officials Consumers Industry Health Professionals FDA Archive
Links on this page:
1. http://www.addthis.com/bookmark.php?u508=true&v=152&username=fdamain
2. http://www.addthis.com/bookmark.php
3. https://www.fda.gov/
4. https://www.fda.gov/MedicalDevices/default.htm
5. https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Databases/default.htm
6. http://www.ecfr.gov/cgi-bin/text-idx?SID=3ee286332416f26a91d9e6d786a604ab&mc=true&tpl=/ecfrbrowse/Title21/21tab_02.tpl
7. /scripts/cdrh/cfdocs/search/default.cfm?FAQ=true
8. https://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Databases/ucm135680.htm
Exhibit 3: Cheese export data from Australia to the United States of America
https://apps.fas.usda.gov/gats/ExpressQuery1.aspx
2018 2018HS Code Product UOM Value Qty0406.90.0890 CH,CHDDR,QT MT 6,298 1,360.600406.90.1200 CH,CHDDR,OQ MT 1,523 337.40406.10.9500 CH,F,OT,>.5%F,OQ MT 1,008 1170406.90.9700 C/SB,IMX,>.5F,OQ MT 371 201.40406.10.8800 OTH CHS MT 209 52.80406.90.9900 C/SB,IMX,OQ MT 137 40406.30.2400 CH,PR,CHDDR,QT MT 78 11.30406.30.9100 CH,PR-MX,>.5F,OQ MT 55 36.40406.40.7000 CH,B-V,XOL,OQ MT 33 1.6Grand Total All Cheeses MT 9,711 2,122.40Source: USDA FAS Database
Values in Thousands of U.S. DollarsU.S. Cheese Imports from Australia (CY 2018)
Exhibit 4: European Tariff codes
European Commission : Trade : Export Helpdesk
http://exporthelp.europa.eu/...n§ion=tariff&taricCode=0406000000&prodLine=80&limitLevel=10&simDate=20130627&languageId=en[8/8/2017 11:15:53 AM]
--- Of a fat content, by weight, exceeding 36 %
- Blue-veined cheese and other cheese containing veinsproduced by Penicillium roqueforti
-- Roquefort
-- Gorgonzola
-- Other
- Other cheese
-- For processing
-- Other
--- Emmentaler
--- Gruyère, Sbrinz
--- Bergkäse, Appenzell
--- Fromage fribourgeois, Vacherin Mont d'Or and Tête deMoine
--- Glarus herb cheese (known as Schabziger) made fromskimmed milk and mixed with finely ground herbs
--- Cheddar
---- Made from unpasteurized milk, of a minimum fat contentof 50% by weight, in the dry matter, matured for at leastnine months, of a free-at-frontier value per 100 kg netweight of 334,20 Euro or more in the case of standardwhole sizes (cheeses of the conventional flat cylindricalshape of a net weight of not less than 33 kg but not morethan 44 kg; cubic block shape or parallelepiped shape, ofa net weight of 10 kg or more), 354,83 Euro or more inthe case of cheeses of a net weight of 500 g or more and368,58 Euro or more in the case of cheeses of a netweight of less than 500 g
---- Whole cheeses (of the conventional flat cylindrical shapeof a net weight of not less than 33 kg but not more than44 kg and cheeses in cubic blocks or in parallelepipedshape, of a net weight of 10 kg or more) of a minimumfat content of 50% by weight, in the dry matter, maturedfor at least three months
---- Other
--- Edam
---- Norwegian
---- Other
--- Tilsit
--- Butterkäse
--- Kashkaval
--- Feta
--- Kefalo-Tyri
--- Finlandia
--- Jarlsberg
--- Other
---- Cheese of sheep's milk or buffalo milk in containerscontaining brine, or in sheepskin or goatskin bottles
---- Other
----- Of a fat content, by weight, not exceeding 40 % and awater content, by weight, in the non-fatty matter
0406 30 90
0406 40
0406 40 10
0406 40 50
0406 40 90
0406 90
0406 90 01
0406 90 13
0406 90 13
0406 90 15
0406 90 17
0406 90 18
0406 90 19
0406 90 21
0406 90 21 10
0406 90 21 20
0406 90 21 90
0406 90 23
0406 90 23 10
0406 90 23 90
0406 90 25
0406 90 27
0406 90 29
0406 90 32
0406 90 35
0406 90 37
0406 90 39
0406 90 50
0406 90 50
0406 90 61
0406 90 61
Exhibit 5: Examples of Press Reports Using the term “gorgonzola” as a common name
https://www.news.com.au/lifestyle/food/europe-wants-to-stop-australian-cheesemakers-from-using-feta-and-gorgonzola-names/news-story/d12bd73380b3ca135be48888586430b1
https://www.cnn.com/2019/08/13/business/australia-eu-free-trade-intl-hnk/index.html
https://www.sbs.com.au/news/australian-cheesemakers-call-for-government-support-to-change-names-of-their-produce
https://www.theguardian.com/business/2019/aug/13/branding-cheese-as-feta-and-gruyere-may-
be-banned-in-australia-under-eu-deal
Exhibit 6: Examples of use of “gorgonzola” in Australian blogs
https://www.womensweeklyfood.com.au/recipes/cheese-and-spinach-tortellini-with-gorgonzola-sauce-13204
https://www.penguin.com.au/recipes/2310-gnocchi-gorgonzola-silverbeet
https://chefin.com.au/dictionary/gorgonzola/
Important information regarding the receipt and handling of your submission
We will send a confirmation message to you when we receive your submission. We may also
contact you if we need to clarify matters in your objection.
DFAT reserves the right to release information publicly and/or to the EU, including any
information contained in your submission and supporting evidence, unless: (i) you indicate in your submission the parts of your submission and supporting evidence you do not wish to be made public or provided to the EU (noting the EU will need to be provided with your objection for
it to be considered); or (ii) you clearly identify it as commercial-in-confidence information. Consider including commercial-in-confidence information as separate annexures to the
submission.
You will retain the ownership of any intellectual property rights in your submission. You consent,
however, to DFAT using your submission, free of charge, for the purposes outlined above.
Before making a submission, please ensure you have read the information on the DFAT webpage applicable to submissions. If your submission contains commercial-in-confidence
information, you must clearly identify it.
We request you send your submission as a Microsoft Word document or readable PDF (not a
scan).
Privacy notice – collection, use and disclosure of your personal information
This notice describes how the Department collects, uses and discloses your personal information in accordance with our obligations under the Privacy Act 1988 (Cth) (Privacy Act). Personal
information includes your name, contact details and any information (including comments and
objections) you provide in your submission that could be used to reasonably identify you.
Why is DFAT collecting your personal information?
DFAT is collecting your personal information for the purpose of this public objection procedure to
inform negotiations with the EU on GIs and outcomes on GI protection.
How will DFAT use, share or disclose your personal information?
DFAT may use your personal information to:
• contact you about your objections, comments or supporting evidence
• consult with other Australian Government agencies, including IP Australia, and ministerial
offices, and
• inform the Australian Government’s decision about whether to recognise the EU’s terms
as GIs under the Australia-EU FTA.
DFAT may publicly release any information received as part of this consultation, in part or in full. If you do not consent for some or all of your personal information contained in your submission to
be shared with Australian Government agencies or to be disclosed to overseas third party recipients, including the EU or to be used in any other way, you should clearly state this when
you make your submission to DFAT.
DFAT may disclose your personal information to third parties operating outside Australia. If you consent to this disclosure, you understand that DFAT will not be required to take reasonable
steps to ensure that the relevant overseas third party recipients do not breach the Australian Privacy Principles. This means that if an overseas third party recipient handles your personal information in a way that breaches the Australian Privacy Principles, DFAT will not be
accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act. By providing your submission to DFAT, you consent to DFAT disclosing your personal
information to third parties operating outside Australia, including the EU.
Privacy Policy
DFAT’s Privacy Policy contains further information about how you can access your personal
information, seek correction of that information, and complain about a breach of the Australian Privacy Principles. DFAT’s Privacy Policy is available at: https://dfat.gov.au/about-
us/corporate/privacy/Pages/privacy.aspx.
Freedom of Information (FOI) Please note your submission may be subject to a request made under the Freedom of
Information Act 1982 (Cth). Further information about DFAT’s FOI Act obligations are available
here: https://dfat.gov.au/about-us/corporate/freedom-of-information/Pages/freedom-of-
information.aspx
Disclaimer The submission of an objection or objections or comments will not determine whether an EU
term will or will not be protected as a GI under the Australia-EU FTA and in Australia.
This objections process does not guarantee the protection of any of the terms identified as GIs under the Australia-EU FTA or in Australia.
The information in this public objections procedure is provided as a guide only and does not constitute legal advice. We encourage any person submitting an objection to contact a qualified legal professional.