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)
PECORINO ROMANO
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. X (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 trade mark 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.)
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 registration of “Pecorino Romano” may impact the use of the common name of a cheese (“romano”) and therefore it should only be registered in a manner that makes fully clear that the scope of protection for the GI does not in any way limit the rights of all to continue to use the generic term “romano”, in the same manner in which a clarification has already been provided assuring continued generic usage of “pecorino”. If such a limitation/clarification cannot be provided, then the GI should not be registered. Only through this approach is it possible to ensure that misunderstandings do not arise that would limit stakeholders’ (located in Australia or in Australia’s trading partners) abilities to use the generic term “romano”. We understand from the publication that “pecorino” is not sought for protection and view assurances on the use of both terms – when used separately – as critical to fully preserving generic users’ rights. In support of ground number 1 (the EU GI name is used in Australia as the common name for the relevant good) above, CCFN presents the following evidence and information in support:
• In Australia there are several producers which commercialized “romano” products including through sales at well-known supermarkets like Coles and Woolworths, examples of the products sold in these retailers can be found in Exhibit 1, as well as a non-exhaustive list of producers in Australia.
• "Romano" is claimed as a good in several current and former trade mark registrations in Australia, the details of which are set out in Annexure A. The current and former registrants are exclusively Australian and New Zealand companies. None of the identified registrations include "pecorino romano."
• "Romano" is included in the name of a category for the Sydney Royal Cheese & Dairy Produce Show.
• Around the world, “romano” has been produced and sold as a generic name for a type of cheese. It has been used extensively by many cheese manufacturers. The
term has been used in that sense for many years in a number of countries, including for cheese which does not originate in Italy Due to this long-standing and widespread production in other countries, including the U.S., Mexico, Argentina, and others, the term “romano” have become the generic name for certain type of cheese. A table that provides a list of some manufacturers and sellers who use “romano” as generic name can be found in Exhibit 2. Pages from each of the websites showing use of the generic term are also attached as part of Exhibit 2. It is important to note that each of these websites can be accessed by the Australian consumer.
• Additionally, "Romano" is a common surname in Australia, appearing more than 800 times on the Australian Electoral Roll. As protection of the EU GI without a limitation on "romano" would therefore also interfere with the ordinary right of individuals so named to sell cheese products under their own names, a right which is otherwise protected in other legislation including under section 122 of the Trade Marks Act 1995.
• In multiple EU FTAs (including Japan and South Korea) the registration of the GI Pecorino Romano has been accompanied by clarifications that the registration of this GI does not infringe upon the rights of others to use the generic term “romano” and we strongly urge Australia to likewise specifically provide assurances that a registration of the GI Pecorino Romano will not restrict in any way the ability of any company to use the term “romano”. Listed below are examples of how the EU clarified that the use of “romano” can be used as the name of that style of cheese. Support for the list below can be found in Exhibit 3:
EU Clarification in FTAs COUNTRY STATUS Japan While “Pecorino Romano” is registered as a geographical indication in Japan, the Japanese Ministry of Agriculture, Forestry and Fisheries (MAFF) has clarified that “romano” is considered a generic term and it is possible to use “romano” as long as it does not cause confusion. Korea While “Pecorino Romano” is registered in Korea as a geographical indication, it is acknowledged that “romano”, as one of the components of the said geographical indication, would not be protected when used on its own and any
possible translations or transliteration are not covered by the protection afforded to the actual registration. In particular and in the letter from Ministry for Trade and Ministry of Foreign Affairs and Trade, Seoul, Korea to the US Trade Representative dated 20 June 2011, it is stated that: the Government of Korea understands that any restrictions or components that it may impose on the use of the compound terms would pertain only to the protection of the compound terms in their entirety. In other words, the individual components of the compound terms, for example,…“romano” … themselves including their translation or transliteration, are not the objects of GI protection under the Korea-EU FTA.
• 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 for “romano” cheese. A copy of the relevant section of the code is attached as Exhibit 4. This SOI, in addition to establishing “romano” as the product name for this type of cheese for production in the United States, would also apply to any “romano” 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 “romano” is considered a generic term for a type of cheese and not a cheese from a specific geographic location. See Exhibit 5 showing cheese exports to the United States from Australia.
• In the Harmonized Tariff Schedule of the United States (HTSUS), also referred to as the Harmonized Tariff Schedule of the United States Annotated (HTSA), the primary resource for determining tariff (customs duties) classifications for goods imported into the United States, “parmesan” is listed, implicating that this type of cheese can be produce anywhere in the world. The codes under which “romano” can be imported to the U.S. are 04061054, 04062049, 04062075, 04063075, 04069039, 04069061, and 04069063. As noted above, this is information
Australian cheese exporters would have available and be aware of. The US tariff schedule 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 “romano” 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 names status of “romano” 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 “Pecorino Romano” as a GI without providing the proper clarification that “romano” is free to continue to use would be highly disruptive in terms of their continued sales and maintenance of future sales opportunities for these product types.
• 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 PECORINO ROMANO be denied protection as a geographical indication in Australia unless it is registered in a manner that makes fully clear that the scope of protection for the GI does not in any way limit the rights of all to continue to use the generic term “romano”.
Annexure A – Current and former Australian trade mark registrations for goods including "romano"
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
REMBRANDT 731000 Gideon Trading 01 APR 1997 Class: 29 Cheeses including romano, pepato, parmesan, Removed - The masterpiece and Investment Co cheddar, pizza, camembert, brie and blue vein Not Renewed of cheeses Pty Ltd Class: 30 Chocolates including milk chocolates, mint chocolate, almond chocolate
1234083 IGA, Inc 09 APR 2008 Class: 30 Flour and preparations made from cereals, bread, Registered pastry and confectionery; bakery products, bread including super soft bread, wholemeal bread, soy and linseed bread, (Renewal Due multi-grain bread, white bread (high fibre and sliced), brioche Date 09 APR loaf, vienna loaf, lebanese bread, turkish bread, fruit loaf, 2028) dutch fruit loaf, apricot fruit loaf, herb bread, garlic bread,
batard loaf including San Francisco sourdough, roasted garlic, romano cheese, kalamata olive and raisin pecan batard loaf, baguettes, sourdough bread, ciabatta, german rye loaf, cob bread, focaccia, bread rolls including white, wholemeal and grain rolls, dinner rolls, french rolls, herb rolls, garlic rolls, petit pain, kaiser rolls, white bread rolls, wholemeal bread rolls, whole grain bread rolls, buffet wheat bread rolls, cheese rolls, cheese and bacon rolls, muffins including chocolate muffins, apple and cinnamon muffins, blueberry muffins, banana muffins, chocolate chip muffins, double chocolate chip muffins, vanilla chocolate chip, croissants, croissant crescents, pies including meat pies, pies with savoury fillings, apple pies, apple danish, pecan pies, custard pies, custard tarts, custard strudel, apple strudel, chocolate and sultana twists, jam tarts, creme buns, donuts including cinnamon sugar donuts, jam donuts, pastry, including pastry flans, pastry tart shells, profiteroles, eclairs, apple cinnamon comb, biscuits and cookies including anzac biscuits, ginger kisses,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
cream biscuits, chocolate brownies, chocolate brownie fingers, caramel slice, rocky road slice, lemon fingers, caramel fingers, hedgehog fingers, peppermint slice, rocky road slice, cakes, including sponge cake, chocolate cake, apple crunch cake, butter cake, sultana cake, cherry cake, chocolate ring cake, sticky date ring cake, orange ring cake, chocolate mud cake, white chocolate mud cake, caramel mud cake, themed mud cakes, carrot cake, block cakes, fairy cakes, rainbow layer cakes, madeira cakes including orange iced madeira cakes, gluten free cakes, gluten free muffins, iced tray cakes, cheese cake, lamingtons, l; amington roll, swiss roll, chocolate roll, jam roll, cup cakes, meringue, pavlova base, cinnamon whirl, double kaya whirl, traditional easter buns, non-fruit easter buns, plum pudding, Christmas pudding, Christmas cake including those with nuts, Christmas kisses, Christmas rum balls, Christmas apricot balls, Christmas mince pies, white Christmas slice, crumpets, pikelets
DAILY BAKER 1277089 Metcash Trading 11 DEC 2008 Class: 30 Flour and preparations made from cereals, bread, Removed - Limited pastry and confectionery; bakery products, bread including Not renewed: super soft bread, wholemeal bread, soy and linseed bread, Renewal fee multi- grain bread, white bread (high fibre and sliced), brioche not paid loaf, Vienna loaf, Lebanese bread, Turkish bread, fruit loaf, Dutch fruit loaf, apricot fruit loaf, herb bread, garlic bread, batard loaf including San Francisco sourdough, roasted garlic, Romano cheese, kalamata olive and raisin pecan batard loaf, baguettes, sourdough bread, ciabatta, German rye loaf, cob bread, focaccia, bread rolls including white, wholemeal and grain rolls, dinner rolls, French rolls, herb rolls, garlic rolls, petit pain, Kaiser rolls, white bread rolls, wholemeal bread
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
rolls, whole grain bread rolls, buffet wheat bread rolls, cheese rolls, cheese and bacon rolls, muffins including chocolate muffins, apple and cinnamon muffins, blueberry muffins, banana muffins, chocolate chip muffins, double chocolate chip muffins, vanilla chocolate chip, croissants, croissant crescents, pies including meat pies, pies with savoury fillings, apple pies, apple danish, pecan pies, custard pies, custard tarts, custard strudel, apple strudel, chocolate and sultana twists, jam tarts, creme buns, donuts including cinnamon sugar donuts, jam donuts, pastry, including pastry flans, pastry tart shells, profiteroles, eclairs, apple cinnamon comb, biscuits and cookies including oat based biscuits, ginger kisses, cream biscuits, chocolate brownies, chocolate brownie fingers, caramel slice, lemon fingers, caramel fingers, hedgehog fingers, peppermint slice, rocky road slice, cakes, including sponge cake, chocolate cake, apple crunch cake, butter cake, sultana cake, cherry cake, chocolate ring cake, sticky date ring cake, orange ring cake, chocolate mud cake, white chocolate mud cake, caramel mud cake, themed mud cakes, carrot cake, block cakes, fairy cakes, rainbow layer cakes, Madeira cakes including orange iced Madeira cakes, gluten free cakes, gluten free muffins, iced tray cakes, cheese cake, lamingtons, lamington roll; , Swiss roll, chocolate roll, jam roll, cup cakes, meringue, pavlova base, cinnamon whirl, double kaya whirl, traditional Easter buns, non-fruit Easter buns, plum pudding, Christmas pudding, Christmas cake including those with nuts, Christma kisses, Christmas rum balls, Christmas apricot balls, Christmas mince pies, white Christmas slice, crumpets, pikelets
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
1277091 Metcash Trading 11 DEC 2008 Class: 30 Flour and preparations made from cereals, bread, Removed - Limited pastry and confectionery; bakery products, bread including Not renewed: super soft bread, wholemeal bread, soy and linseed bread, Renewal fee multi- grain bread, white bread (high fibre and sliced), brioche not paid loaf, Vienna loaf, Lebanese bread, Turkish bread, fruit loaf, Dutch fruit loaf, apricot fruit loaf, herb bread, garlic bread, batard loaf including San Francisco sourdough, roasted garlic, Romano cheese, kalamata olive and raisin pecan batard loaf, baguettes, sourdough bread, ciabatta, German rye loaf, cob bread, focaccia, bread rolls including white, wholemeal and grain rolls, dinner rolls, French rolls, herb rolls, garlic rolls, petit pain, Kaiser rolls, white bread rolls, wholemeal bread rolls, whole grain bread rolls, buffet wheat bread rolls, cheese rolls, cheese and bacon rolls, muffins including chocolate muffins, apple and cinnamon muffins, blueberry muffins, banana muffins, chocolate chip muffins, double chocolate chip muffins, vanilla chocolate chip, croissants, croissant crescents, pies including meat pies, pies with savoury fillings, apple pies, apple danish, pecan pies, custard pies, custard tarts, custard strudel, apple strudel, chocolate and sultana twists, jam tarts, creme buns, donuts including cinnamon sugar donuts, jam donuts, pastry, including pastry flans, pastry tart shells, profiteroles, eclairs, apple cinnamon comb, biscuits and cookies including oat based biscuits, ginger kisses, cream biscuits, chocolate brownies, chocolate brownie fingers, caramel slice, lemon fingers, caramel fingers, hedgehog fingers, peppermint slice, rocky road slice, cakes, including sponge cake, chocolate cake, apple crunch cake, butter cake, sultana cake, cherry cake, chocolate ring cake, sticky date ring cake, orange ring cake, chocolate mud cake, white chocolate mud cake, caramel mud cake, themed mud
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
cakes, carrot cake, block cakes, fairy cakes, rainbow layer cakes, Madeira cakes including orange iced Madeira cakes, gluten free cakes, gluten free muffins, iced tray cakes, cheese cake, lamingtons, lamington roll; , Swiss roll, chocolate roll, jam roll, cup cakes, meringue, pavlova base, cinnamon whirl, double kaya whirl, traditional Easter buns, non-fruit Easter buns, plum pudding, Christmas pudding, Christmas cake including those with nuts, Christmas kisses, Christams rum balls, Christmas apricot balls, Christmas mince pies, white Christmas slice, crumpets, pikelets
1277093 Metcash Trading 11 DEC 2008 Class: 30 Flour and preparations made from cereals, bread, Removed - Limited pastry and confectionery; bakery products, bread including Not renewed: super soft bread, wholemeal bread, soy and linseed bread, Renewal fee multi-grain bread, white bread (high fibre and sliced), brioche not paid loaf, vienna loaf, lebanese bread, turkish bread, fruit loaf, dutch fruit loaf, apricot fruit loaf, herb bread, garlic bread, batard loaf including san francisco sourdough, roasted garlic, romano cheese, kalamata olive and raisin pecan batard loaf, baguettes, sourdough bread, ciabatta, german rye loaf, cob bread, focaccia, bread rolls including white, wholemeal and grain rolls, dinner rolls, french rolls, herb rolls, garlic rolls, petit pain, kaiser rolls, white bread rolls, wholemeal bread rolls, whole grain bread rolls, buffet wheat bread rolls, cheese rolls, cheese and bacon rolls, muffins including chocolate muffins, apple and cinnamon muffins, blueberry muffins, banana muffins, chocolate chip muffins, double chocolate chip muffins, vanilla chocolate chip, croissants, croissant crescents, pies including meat pies, pies with savoury fillings, apple pies, apple danish, pecan pies, custard pies, custard tarts, custard strudel, apple strudel, chocolate and sultana
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
twists, jam tarts, creme buns, donuts including cinnamon sugar donuts, jam donuts, pastry, including pastry flans, pastry tart shells, profiteroles, eclairs, apple cinnamon comb, biscuits and cookies including anzac biscuits, ginger kisses, cream biscuits, chocolate brownies, chocolate brownie fingers, caramel slice, lemon fingers, caramel fingers, hedgehog fingers, peppermint slice, rocky road slice, cakes, including sponge cake, chocolate cake, apple crunch cake, butter cake, sultana cake, cherry cake, chocolate ring cake, sticky date ring cake, orange ring cake, chocolate mud cake, white chocolate mud cake, caramel mud cake, themed mud cakes, carrot cake, block cakes, fairy cakes, rainbow layer cakes, madeira cakes including orange iced madeira cakes, gluten free cakes, gluten free muffins, iced tray cakes, cheese cake, lamingtons, lamington roll, swi; ss roll, chocolate roll, jam roll, cup cakes, meringue, pavlova base, cinnamon whirl, double kaya whirl, traditional easter buns, non-fruit easter buns, plum pudding, christmas pudding, christmas cake including those with nuts, christmas kisses, christmas rum balls, christmas apricot balls, christmas mince pies, white christmas slice, crumpets, pikelets
BAKER'S OVEN 1628724 Metcash Trading 16 JUN 2014 Class: 30 Flour and preparations made from cereals, bread, Registered Limited pastry and confectionery; bakery products, bread including super soft bread, wholemeal bread, soy and linseed bread, (Renewal Due multi-grain bread, white bread (high fibre and sliced), brioche Date 16 JUN loaf, Vienna loaf, Lebanese bread, Turkish bread, fruit loaf, 2024) Dutch fruit loaf, apricot fruit loaf, herb bread, garlic bread, batard loaf including San Francisco sourdough, roasted garlic, Romano cheese, Kalamata olive and raisin pecan batard loaf, baguettes, sourdough bread, ciabatta, German rye loaf, cob
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
bread, focaccia, bread rolls including white, wholemeal and grain rolls, dinner rolls, French rolls, herb rolls, garlic rolls, petit pain, Kaiser rolls, white bread rolls, wholemeal bread rolls, whole grain bread rolls, buffet wheat bread rolls, cheese rolls, cheese and bacon rolls, muffins including chocolate muffins, apple and cinnamon muffins, blueberry muffins, banana muffins, chocolate chip muffins, double chocolate chip muffins, vanilla chocolate chip, croissants, croissant crescents, pies including meat pies, pies with savoury fillings, apple pies, apple Danish, pecan pies, custard pies, custard tarts, custard strudel, apple strudel, chocolate and sultana twists, jam tarts, creme buns, donuts including cinnamon sugar donuts, jam donuts, pastry, including pastry flans, pastry tart shells, profiteroles, eclairs, apple cinnamon comb, biscuits and cookies including oat biscuits, ginger kisses, cream biscuits, chocolate brownies, chocolate brownie fingers, caramel slice, rocky road slice, lemon fingers, caramel fingers, hedgehog fingers, peppermint slice, rocky road slice, cakes, including sponge cake, chocolate cake, apple crunch cake, butter cake, sultana cake, cherry cake, chocolate ring cake, sticky date ring cake, orange ring cake, chocolate mud cake, white chocolate mud cake, caramel mud cake, themed mud cakes, carrot cake, block cakes, fairy cakes, rainbow layer cakes, madeira cakes including orange iced madeira cakes, gluten free cakes, gluten free muffins, iced tray cakes, cheese cake, lamingtons, lam; ington roll, Swiss roll, chocolate roll, jam roll, cup cakes, meringue, pavlova base, cinnamon whirl, double kaya whirl, traditional Easter buns, non-fruit Easter buns, plum pudding, Christmas pudding, Christmas cake including those with nuts, Christmas kisses, Christmas rum balls, Christmas apricot balls,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
Christmas mince pies, white Christmas slice, crumpets, pikelets Class: 35 Retail and wholesale services in respect of bakery goods of all kinds including in particular bread, ginger bread, bread rolls, buns, biscuits, cookies, cakes, petit-fours, tarts, oat based bakery products, pancakes, waffles, pikelets, pastry, pastries, meat pies, pizzas, rusks
BETTER THAN 1748425 agriTM Pty Ltd 27 JAN 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered THE UDDERS cheese; butter cheese; cheddar cheese; cottage cheese; cream cheese; farmers cheese; curd cheese; fresh cheese; (Renewal Due feta cheese; goats milk cheese; imitation cheese; low fat Date 27 JAN cheese; non-dairy cheese; soft cheese; hard cheese; panela 2026) cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
jams, compotes; eggs; milk and milk products; edible oils and fats
1748565 agriTM Pty Ltd 27 JAN 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered cheese; butter cheese; cheddar cheese; cottage cheese; cream cheese; farmers cheese; curd cheese; fresh cheese; (Renewal Due feta cheese; goats milk cheese; imitation cheese; low fat Date 27 JAN cheese; non-dairy cheese; soft cheese; hard cheese; panela 2026) cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
1750031 NEW ZEALAND 07 MAY 2015 Class: 5 Dietetic foods; dietetic beverages; dietetic Cancelled (IR MILK BRANDS (Priority Date: substances adapted for medical use; dietary supplements No.12853 LIMITED 04 MAY 2015) intended to supplement a normal diet or to have health 14) benefits; health food supplements; food for babies; milk powder for babies; food for infants; milk powder for infants; nutritional additives for foodstuffs; nutritional supplements; nutritional cultures; food supplements for medical purposes; mineral supplements for foodstuffs; casein dietary supplements; vitamins for human consumption; vitamin formulations for human consumption; pharmaceutical preparations in the nature of foodstuffs for humans; pharmaceutical preparations in the nature of food ingredients for humans; bacteriological cultures; probiotic cultures; bacteriological preparations; probiotic preparations; bacteriological substances; probiotic substances; cultures of micro-organisms; dietary supplements incorporating probiotic cultures, substances or preparations; dietary supplements incorporating bacteriological cultures, substances or preparations Class: 29 Dairy products in this class; dairy foods in this class; dairy based beverages; dairy based powders; milk; milk based products; ultra high temperature (UHT) milk; extended shelf life (ESL) milk; milk concentrate; milk protein; milk powder; dried milk; flavoured milk powders; milk substitutes in this class; milk beverages; flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); cream; butter; edible oils namely margarine and edible oil based spreads; edible fats; margarine; blends of margarine; blends of butter; products included in this class consisting wholly or principally of edible oils for use in creaming coffee
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
and like drinks; products included in this class consisting wholly or principally of edible fats for use in creaming coffee and like drinks; proteins for human consumption; protein products for human consumption; cheese; brie cheese; cheddar cheese; colby cheese; cream cheese; edam cheese; emmental cheese; feta cheese; gouda cheese; gruyere cheese; haloumi cheese; havarti cheese; mozzarella cheese; parmesan cheese; romano cheese; swiss cheese; cultured dairy products; dairy products incorporating yoghurt; yoghurt; yoghurt preparations; probiotic products in this class; drinking yoghurt; non-alcoholic drinks containing yoghurt; non- alcoholic drinks containing probiotic substances, preparations or cultures; non-alcoholic drinks containing bacteriological substances, preparations or cultures; dairy-based dessert in this class; dairy snacks (milk and dairy products predominating); whey; dairy based food spreads; dairy-based food preserves in this class; custard in this class; dairy based dips; cheese dips; cheese in the form of dips
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
1751272 agriTM Pty Ltd 09 FEB 2016 Class: 29 Cheese; blended cheese; blue cheese; white Registered cheese; butter cheese; cheddar cheese; cottage cheese; cream cheese; farmers cheese; curd cheese; fresh cheese; (Renewal Due feta cheese; goats milk cheese; imitation cheese; low fat Date 09 FEB cheese; non-dairy cheese; soft cheese; hard cheese; panela 2026) cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non-dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats
RMG 1751398 Ryan Marketing 10 FEB 2016 Class: 29 Meat and meat preparations and products; meat Registered Group Pty Ltd based stock, broth concentrates, and broth pastes; meat gelatins, jellies, and pastes; meat conserves, extracts, and (Renewal Due preserves; meat pates and terrines; meat burgers (meat Date 10 FEB patties); meat substitutes prepared from vegetables (textured 2026) vegetable protein); baked, canned, cold, cooked, corned, cubed, dehydrated, dried, fresh, frozen, grilled, marinated,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
minced, pickled, prepared, preserved, roasted, salted, smoked, and tinned meat; extracts of meat and products made from meat extracts; food preparations and products consisting principally of meat, containing meat, or derived from meat; prepared meals consisting principally of chicken, beef, lamb, pork, or seafood; foodstuffs and food pastes made from poultry, beef, lamb, pork, or seafood; chicken (not live); butchered, canned, fresh, prepared, preserved, and processed poultry; chicken extracts, pieces, products, fats, pastes, pates and stock; cooked, deep frozen, dehydrated, fried, and powdered chicken; chilled and cooked meals consisting principally of poultry; beef and beef products; beef burgers (beef patties); beef fat, jerky, and stock; steaks of meat; corned, dehydrated, and powdered beef; salami; lamb; lamb (prepared meat); lamb products; pork; pork extracts, loin, preserves, products, and sausages; cooked, dried, processed, and salted pork; ham and ham products; cooked, dehydrated, and powdered ham; bacon; bacon slices, products, joints, and flavoured snack products; seafood (not live); seafood based stock, extenders, extracts, jellies, jerky, dips, and products; preserved, processed, and frozen seafood; prepared meals consisting principally of seafood; steaks of fish; sausages; cheese; blended cheese; blue cheese; white cheese; butter cheese; cheddar cheese; cottage cheese; cream cheese; farmers cheese; curd cheese; fresh cheese; feta cheese; goats milk cheese; imitation cheese; low fat cheese; non-dairy cheese; soft cheese; hard cheese; panela cheese; parmesan cheese; romano cheese; ripened cheese; strained cheese; mould-ripened cheese; sheep cheese; smoked cheese; ready grated cheese; processed cheese; cheese products; prepared meals and
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
foods made principally of cheese; combination of cheese and fruit, meat, and/or vegetables; cheese making kits; dairy products; dairy based beverages and powders; dairy desserts (except ice cream or frozen yoghurt); artificial cream (dairy product substitutes); cream (dairy products); yoghurt; non- dairy yoghurt; yoghurt preparations and products; milk; milk products; preparations made from milk; milk based beverages, desserts, drinks, and products (milk predominating); spreads consisting wholly or principally of dairy products; imitation dairy spreads; prepared foods and meals consisting principally of dairy, cheese, milk, meat, fish, seafood, fruit, vegetables, jams, edible oils, eggs, and/or nuts; meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs; milk and milk products; edible oils and fats
1890147 NEW ZEALAND 07 MAY 2015 Class: 5 Dietetic foods; dietetic beverages; dietetic Registered (IR MILK BRANDS (Priority Date: substances adapted for medical use; dietary supplements No.12853 LIMITED 04 MAY 2015) intended to supplement a normal diet or to have health (Renewal Due 14) benefits; health food supplements; food for babies; milk Date 07 MAY powder for babies; food for infants; milk powder for infants; 2025) nutritional additives for foodstuffs; nutritional supplements; nutritional cultures; food supplements for medical purposes; mineral supplements for foodstuffs; casein dietary supplements; vitamins for human consumption; vitamin formulations for human consumption; pharmaceutical preparations in the nature of foodstuffs for humans; pharmaceutical preparations in the nature of food ingredients for humans; bacteriological cultures; probiotic cultures; bacteriological preparations; probiotic preparations; bacteriological substances; probiotic substances; cultures of
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
micro-organisms; dietary supplements incorporating probiotic cultures, substances or preparations; dietary supplements incorporating bacteriological cultures, substances or preparations Class: 29 Dairy products in this class; dairy foods in this class; dairy based beverages; dairy based powders; milk; milk based products; ultra high temperature (UHT) milk; extended shelf life (ESL) milk; milk concentrate; milk protein; milk powder; dried milk; flavoured milk powders; milk substitutes in this class; milk beverages; flavoured milk beverages (milk predominating); fortified milk beverages (milk predominating); cream; butter; edible oils; edible fats; margarine; food spreads; blends of margarine; blends of butter; blends of other edible oils; products included in this class consisting wholly or principally of edible oils for use in creaming coffee and like drinks; products included in this class consisting wholly or principally of edible fats for use in creaming coffee and like drinks; proteins for human consumption for use as food additives; soy, whey or dairy based protein products for human consumption; cheese; brie cheese; cheddar cheese; colby cheese; cream cheese; edam cheese; emmental cheese; feta cheese; gouda cheese; gruyere cheese; haloumi cheese; havarti cheese; mozzarella cheese; parmesan cheese; romano cheese; swiss cheese; cultured dairy products; dairy products incorporating yoghurt; yoghurt; yoghurt preparations; dairy based probiotic products in this class; drinking yoghurt; yoghurt based non-alcoholic drinks; non-alcoholic dairy based drinks containing probiotic substances, preparations or cultures; non-alcoholic dairy based drinks containing bacteriological substances,
Australia
Mark Number Owner Filing Date Classes/Goods and Services Status
preparations or cultures; dessert products in this class (dairy products predominating); dairy snacks (milk and dairy products predominating); whey; food spreads consisting principally of dairy products; jellies for food; custard in this class; dairy based dips; cheese dips; cheese in the form of dips
Exhibit 1: Non-exhaustive List of Companies Producing and selling cheese at retailers containing the term "romano" as a generic name in Australia
Company Name Website
Alexandrina Cheese http://alexandrinacheese.com.au/hard_cheeses.html
Perfect Italiano https://www.perfectitaliano.com.au/en/products.html
Europa Cheese https://europacheese.com.au/product- specifications/romano-cheese/
“Romano” Product at retailers:
Exhibit 2: Non-exhaustive List of Companies Producing cheese containing the term "romano" as a generic name outside Australia
Company Name Country Website Calabro Cheese United States http://www.calabrocheese.com/ Corporation
Saputo Cheese USA United States https://www.frigocheese.com/en/products Inc. (Frigo Brand)
Crystal Farms RDC United States http://www.crystalfarmscheese.com/index.php/p roducts/crystal-farms-shredded-romano- cheese?type=detail
Schuman Cheese United States http://schumancheese.com/italian-cheese/
Gold Creek Farms United States https://goldcreekfarms.com/product- category/cheese-collection/award-winning- cheeses/
Grande cheese United States https://www.grandecheese.com/products/roman Company o
Company Name Country Website Knaus Cheese Inc / United States http://www.stardairy.com/products/cheese/Rom Weyauwega Star Dairy ano
Mullins Cheese, Inc. United States http://www.mullinscheese.com/index.php?optio n=com_content&view=article&id=52&Itemid=89
BelGioioso Cheese Inc. United States http://www.belgioioso.com/Products
Flor de Alfalfa Mexico https://flordealfalfa.com/productos/queso-de- cava/
Arroyo Cabral Argentina http://www.cooparroyocabral.com.ar/es/lacteos/ duros/queso-romano/#.Xb5I6y-ZNZI
Company Name Country Website La Casiana Argentina https://lacasiana.com/queso-romanito/
Lacteos Castelar Argentina http://lacteoscastelar.com.ar/lacteos- castelar.html
Exhibit 3: EU FTA Clarifications regarding “romano”
THIS REPORT CONTAINS ASSESSMENTS OF COMMODITY AND TRADE ISSUES MADE BY USDA STAFF AND NOT NECESSARILY STATEMENTS OF OFFICIAL U.S. GOVERNMENT POLICY
Voluntary - Public
Date: 12/20/2017 GAIN Report Number: JA7151
Japan
Post: Tokyo
MAFF Approves 70 EU-Proposed GIs for Agricultural Items Report Categories: Agricultural Situation Approved By: Christopher Riker Prepared By: Daisuke Sasatani
Report Highlights: Japan s Ministr of Agric lt re, Forestr and Fisheries appro ed 70 E ropean Union (EU)-proposed geographical indications for agricultural items on December 15, 2017. NOTE: The EU had been seeking protections for 71 agric lt ral items, b t a formal decision on Comt ill come later -- after the extended public comment period closes on January 29, 2018. The 70 protections will become effective on the date the Japan-EU Economic Partnership Agreement enters into force (currently anticipated to occur in 2019).
Keywords: JA7151, cheese, labeling, certification
General Information: Following the announcement of the Economic Partnership Agreement (EPA) between the European U (EU) a d Ja a ea J , Ja a M f Ag c e, F e a d F he e (MAFF) published a list of 71 proposed geographical indications (GIs) for which the EU sought protections in Japan (see JA7098, JA7111, and JA7119).
After the conclusion of a three month public comment period, MAFF released its final decision on the EU e e Dece be 15, 20171 (see A ach e 1 be a d MAFF eb e a : http://www.maff.go.jp/j/shokusan/gi_act/attach/pdf/index-52.pdf). NOTE: The production process ed he GI a ca ec C a b e e d f ed. Acc d g , he dead e f b c c e he EU e e ec C a e e ded Ja a 29, 2018.
The 70 GI protections designated for EU agricultural products will become effective on the date the Japan-EU EPA enters into force (currently anticipated to occur in 2019). MAFF, however, has clarified certain elements of these GI protections for interested parties:
Although compound terms requested by the EU will be protected, use of the underlined terms {see Attachment 1, Exhibit 2 below} alone (e.g., Romano, Pecorino, Grana, Padano, Nürnberger, Bratwürste, Rostbratwürste, Mortadella, and Bologna) will be permitted for use by non-EU producers so long as the products are not intended to imitate GI terms.
Cutting and packing of some GI-protected cheese products on the list will be required to be performed in the concerned region. However, if consumed in Japan, it will be permitted to cut and pack the products identified below (i.e., shaded: see Exhibit 2 below) in Japan for a period of seven years. This policy will be reviewed 3 years after the EU-Japan EPA is effectuated.
The e Parmesan can be used alone as a name for hard cheese if it does not cause consumers to have a misconception that the product is Parmigiano Reggiano.
Codex Alimentarius standard terms (e.g., Mozzarella, Cheddar, Edam, Gouda, Emmental, Provolone, Camembert, Brie) will not be protected and will remain available for use by non-EU producers.
Portions of fruit and vegetable names underlined below can be used as variety names if it does not cause consumers to have a misconception that the products in question are authentic products with the GI. For example:
o Citricos Valencianos will be protected, but Valencianos will not be protected. o Elia Kalamatas will be protected, but Kalamatas will not be protected. o Pêra Rocha do Oeste will be protected, but Rocha will not be protected.
1 The Mi i f Fi a ce Na i al Ta Age c i c e l e al a i g blic c mme bmi ed on 139 EU-proposed GIs for wine, spirits, and other alcoholic beverages.
(Exhibit 2)
The list of 71 items from EU region under the GI agreement
Category GI item Note Dairy (27) Belgium-Beurre d'Ardenne - The portion of names underlined can be used alone if it Denmark-Danablu could not cause consumers to have a misconception that the France-Camembert de products in question are authentic products with the Normandie geographical indication France-Comte France-Brie de Meaux - The shaded cheeses can be cut into pieces in Japan if the France-Roquefort purpose is to consume within Japan for 7 years after the France-Emmental de Savoie implementation of the agreement. France-Reblochon / Reblochon de Savoie (Reviews will be conducted within 3 years after the Greece-Φ α(Feta) implementation of the agreement, and a solution will be Italy-Parmigiano Reggiano* found by the expiration of the coordination period of 7 Italy-Gorgonzola years.) Italy-Asiago Italy-Fontina Italy-Mozzarella di Bufala * The term "Parmesan" can be used alone as a name of Campana hard cheese if it could not cause consumers to have a Italy-Grana Padano misconception that the product is Parmigiano Reggiano. Italy-Pecorino Romano Italy-Pecorino Toscano Italy-Provolone Valpadana Italy-Taleggio The Netherlands-Gouda Holland The Netherlands-Edam Holland Portugal-Queijo S. Jorge Spain-Idiazabal Spain-Mahón-Menorca Spain-Queso Manchego The United Kingdom-West Country farmhouse Cheddar cheese The United Kingdom-White Stilton cheese / Blue Stilton cheese
Meat (14) Austria-Tiroler Speck - The portion of names underlined can be used alone if it Belgium-Jambon d'Ardenne could not cause consumers to have a misconception that the France-Canard à foie gras du products in question are authentic products with the Sud-Ouest (Chalosse, geographical indication Gascogne, Gers, Landes, Périgord, Quercy)
France-Jambon de Bayonne Germany-Nürnberger Bratwürste / Nürnberger Rostbratwürste Hungary-Szegedi szalámi / Szegedi téliszalámi Italy-Mortadella Bologna Italy-Prosciutto di San Daniele Italy-Prosciutto Toscano Italy-Zampone Modena Italy-Bresaola della Valtellina Spain-Jabugo Spain-Jamón de Teruel / Paleta de Teruel Spain-Guijuelo Vegetable/Fruit Austria-Steirischer Kren - The portion of names underlined can be used as variety (6) France-Pruneaux d'Agen / names if it could not cause consumers to have a Pruneaux d'Agen mi-cuits misconception that the products in question are authentic Greece- α α α (Elia products with the geographical indication Kalamatas) Italy-Mela Alto Adige / Südtiroler Apfel Portugal-Pêra Rocha do Oeste Spain-Cítricos Valencianos / Cítrics Valencians
Seafood (2) France-Huîtres Marennes Oléron The United Kingdom-Scottish Farmed Salmon
Edible oil and Austria-Steirisches Kürbiskernöl fats (10) Greece- α α (Sitia Lasithiou Kritis) Spain-Aceite del Bajo Aragón Spain-Antequera Spain-Baena Spain-Priego de Córdoba Spain-Sierra de Cazorla Spain-Sierra de Segura Spain-Sierra Mágina Spain-Siurana
Fruit vinegar (2) Italy-Aceto Balsamico di Modena Italy-Aceto balsamico tradizionale di Modena
Confectio-nary Cyprus- Γ (5) (Loukoumi Geroskipou) Germany-Lübecker Marzipan Germany-Nürnberger Lebkuchen
Exhibit 4: U.S. Code of Federal Regulations – “romano”
FDA Home33 Medical Devices44 Databases55 CFR - Code of Federal Regulations Title 21 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).66
New Search Help77 | More About 21CFR 88 [Code of Federal Regulations] [Title 21, Volume 2] [Revised as of April 1, 2019] [CITE: 21CFR133.183]
TITLE 21--FOOD AND DRUGS CHAPTER I--FOOD AND DRUG ADMINISTRATION DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBCHAPTER B--FOOD FOR HUMAN CONSUMPTION PART 133 -- CHEESES AND RELATED CHEESE PRODUCTS Subpart B--Requirements for Specific Standardized Cheese and Related Products Sec. 133.183 Romano cheese.
(a) Romano cheese is the food prepared from cow's milk or sheep's milk or goat's milk or mixtures of two or all of these and other ingredients specified in this section, by the procedure set forth in paragraph (b) of this section, or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced when the procedure set forth in paragraph (b) of this section is used. It grates readily, and has a granular texture and a hard and brittle rind. It contains not more than 34 percent of moisture, and its solids contain not less than 38 percent of milkfat, as determined by the methods prescribed in 133.5(a), (b), and (d). It is cured for not less than 5 months. (b) Milk, which may be pasteurized or clarified or both, and which may be warmed, is subjected to the action of harmless lactic-acid-producing bacteria present in such milk or added thereto. Harmless artificial blue or green coloring in a quantity which neutralizes any natural yellow coloring in the curd may be added. Rennet, rennet paste, extract of rennet paste, or other safe and suitable milk-clotting enzyme that produces equivalent curd formation, singly or in any combination (with or without purified calcium chloride in a quantity not more than 0.02 percent, calculated as anhydrous calcium chloride, of the weight of the milk) is added to set the milk to be a semisolid mass. The mass is cut into particles no larger than corn kernels, stirred, and heated to a temperature of about 120 deg. F. The curd is allowed to settle to the bottom of the kettle or vat, and is then removed and drained for a short time, packed in forms or hoops, and pressed. The pressed curd is
salted by immersing in brine for about 24 hours and is then removed from the brine and the surface allowed to dry. It is then alternately rubbed with salt and washed at intervals. It may be perforated with needles. It is finally drycured. During curing it is turned and scraped. The surface may be rubbed with vegetable oil. A harmless preparation of enzymes of animal or plant origin capable of aiding in the curing or development of flavor of romano cheese may be added during the procedure, in such quantity that the weight of the solids of such preparation is not more than 0.1 percent of the weight of the milk used. (c)(1) For the purposes of this section, the word "milk" means cow's milk or goat's milk or sheep's milk or mixtures of two or all of these. Such milk may be adjusted by separating part of the fat therefrom or (in the case of cow's milk) by adding one or more of the following: Cream, skim milk, concentrated skim milk, nonfat dry milk; (in the case of goat's milk) the corresponding products from goat's milk; (in the case of sheep's milk) the corresponding products from sheep's milk; water in a quantity sufficient to reconstitute any such concentrated or dried products used. (2) Such milk may be bleached by the use of benzoyl peroxide or a mixture of benzoyl peroxide with potassium alum, calcium sulfate, and magnesium carbonate; but the weight of the benzoyl peroxide is not more than 0.002 percent of the weight of the milk bleached, and the weight of the potassium alum, calcium, sulfate, and magnesium carbonate, singly or combined, is not more than six times the weight of the benzoyl peroxide used. If milk is bleached in this manner, sufficient vitamin A is added to the curd to compensate for the vitamin A or its precursors destroyed in the bleaching process, and artificial coloring is not used. (d) Safe and suitable antimycotic agent(s), the cumulative levels of which shall not exceed current good manufacturing practice, may be added to the surface of the cheese. (e) When romano cheese is made solely from cow's milk, the name of such cheese is "Romano cheese made from cow's milk", and may be preceded by the word "Vaccino" (or "Vacchino"); when made solely from sheep's milk, the name is "Romano cheese made from sheep's milk", and may be preceded by the word "Pecorino"; when made solely from goat's milk, the name is "Romano cheese made from goat's milk", and may be preceded by the word "Caprino"; and when a mixture of two or all of the milks specified in this section is used, the name of the cheese is "Romano cheese made from ___", the blank being filled in with the names of the milks used, in order of predominance by weight. (f) Label declaration. Each of the ingredients used in the food shall be declared on the label as required by the applicable sections of parts 101 and 130 of this chapter, except that: (1) When milk other than cow's milk is used, in whole or in part, the common or usual name of each such milk ingredient shall be declared in order of predominance by weight; and (2) Enzymes of animal, plant, or microbial origin may be declared as "enzymes". [42 FR 14366, Mar. 15, 1977, as amended at 48 FR 49014, Oct. 24, 1983; 49 FR 10095, Mar. 19, 1984; 58 FR 2895, Jan. 6, 1993]
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Exhibit 5: Cheese export data from Australia to the United States of America
U.S. Cheese Imports from Australia (CY 2018) Values in Thousands of U.S. Dollars 2018 2018 HS Code Product UOM Value Qty 0406.90.0890 CH,CHDDR,QT MT 6,298 1,360.60 0406.90.1200 CH,CHDDR,OQ MT 1,523 337.4 0406.10.9500 CH,F,OT,>.5%F,OQ MT 1,008 117 0406.90.9700 C/SB,IMX,>.5F,OQ MT 371 201.4 0406.10.8800 OTH CHS MT 209 52.8 0406.90.9900 C/SB,IMX,OQ MT 137 4 0406.30.2400 CH,PR,CHDDR,QT MT 78 11.3 0406.30.9100 CH,PR-MX,>.5F,OQ MT 55 36.4 0406.40.7000 CH,B-V,XOL,OQ MT 33 1.6 Grand Total All Cheeses MT 9,711 2,122.40 Source: USDA FAS Database https://apps.fas.usda.gov/gats/ExpressQuery1.aspx
\
Exhibit 6: US Tariff Schedule
[See attachment]
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.
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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.