Establishment of the “Made in San Marino” mark
Goods produced by two or more countries or territories may be labeled with the “Made in San Marino” mark if the last substantial and economically justified transformation and processing, resulting in the manufacture of a new product or representing an important stage in the manufacturing process, took place in the territory of the State of San Marino and was carried out by a San Marino company equipped for this purpose.
The application for the use of the mark must be submitted to the “Economic Activities Office” (hereinafter briefly “UAE”), which is responsible for processing and granting the mark. same mark.
The application must be accompanied by a production specification containing:
- the description and visual reproduction of the product;
- the general characteristics;
- the proceedings of processing;
- the materials used;
- the production sites and the type of processing or transformation carried out there.
The UAE UO verifies the existence of the requirements and forwards the application to the Commission for the Evaluation of the Requirements for the Label and Historic Shops, which verifies the possession of the requirements for the granting of the label.
The UAE Office grants the “Made in San Marino” seal following a favorable opinion from the Commission for the Evaluation of the Requirements for the Seal and Historic Shops.
A fee is established for the granting of use of the seal, to be paid annually, the amount of which is set at €100.00 (one hundred/00). The “Made in San Marino” mark is graphically identified by a regulation adopted by the Congress of State.
Establishment of the “100% Made in San Marino” mark
A product for which the design, planning, manufacturing, and packaging are carried out entirely on San Marino territory is considered to be made entirely in San Marino and identified with the “100% Made in San Marino” mark.
For the granting of use of the “100% Made in San Marino” mark, the provisions of paragraphs apply. previous.
In addition to the requirements in the previous paragraph, the agri-food product must be made from raw materials originating in San Marino.
A regulation adopted by the Congress of State graphically identifies the “100% Made in San Marino” label.
Establishment of the “Historical Shop” status
In order to promote knowledge and appreciation of commercial and artisanal activities of historical, artistic, architectural, and environmental value, which bear witness to the history, art, culture, and entrepreneurial and mercantile tradition of San Marino, the status of “Historical Workshop” is established.
Commercial and artisanal activities meeting the requirements are defined as “Historical Workshops”.
Requirements for a “Historical Workshop”
To be defined as a “Historical Shop,” retail or public food and beverage businesses, artisan businesses, and markets in public areas must demonstrate the following requirements:
- carrying out the same activity for at least fifty continuous years, in the same premises or in the same public area. Changes relevant to this purpose are irrelevant, administrativename, name, and sign of the business, provided that its original characteristics are maintained;
- functional and structural connection of the premises and furnishings with the business carried out, in order to convey the sense of the business’s clear roots over time;
- access to public land or to private land burdened by easements of public passage to the premises in which the business is carried out;
- presence in the premises, in the furnishings, both internal and external, and in the areas where the activity is carried out, of elements of particular historical, artistic, architectural, and environmental interest, or particularly significant for the tradition and culture of the place. These external characteristics must clearly suggest the sense of the business’s roots in time and its connection to the past.
The continuous duration of the planned business may also refer to activities carried out in premises adjacent to or in the immediate vicinity of the original location, following a relocation due to force majeure or expansion.
By way of derogation from the provisions, the status of “Historical Shop” may also be recognized for businesses that have been operating for at least twenty-five years, when they serve food and beverages to the public under the names of “Osteria” or “Enoteca” or “Brewery.”
Register of “Historical Shops”
The Register of “Historical Shops” is established at the UAE.
Registration in the Register occurs after verification of the applicant’s requirements, who must submit a specific application. This registration is necessary for the purpose of recognition of the “Historical Shop” status.
The Register is kept by the UAE, which is responsible for its management for the purposes of registration and recognition of the status of “Historical Shop,” maintenance and updating, and is public.
Registration renewal occurs automatically with the payment, by March of each year, of the required annual fees and contributions.
Status of “Historical Shop”
For the purposes of registration in the Register, The applicant’s application must be accompanied by a description of the “Historical Shop” along with a visual representation of the shop.
The UAE Unit verifies the existence of the requirement and forwards the application to the Commission for the Evaluation of the Requirements for the Label and Historical Shops, which verifies that the business meets the requirements.
The UAE Unit recognizes the status of “Historical Shop” following a favorable opinion expressed by the Commission for the Evaluation of the Requirements for the Label and Historical Shops.
The status of “Bottega Storica” entails the use of the appropriate logo on plaques, signs, window decals, and advertisements.
The “Bottega Storica” logo is graphically identified by regulation of the State Congress.
For the granting of the status of “Bottega Storica,” a fee is established, to be paid annually, the amount of which is set at €100.00 (one hundred/00).
Commission for the Evaluation of the Requirements for the Label and Historic Shops
The Commission for the Evaluation of the Requirements for the Label and Historic Shops is hereby established.
A delegated decree adopted by the Congress of State defines the convening procedures, composition, functioning, and duties of the Commission for the Evaluation of the Requirements for the Label and Historic Shops.
Maintenance of the status of “Historical Shop”
The preservation Registration in the Register as a “Historical Shop” is subject to the maintenance of the morphological characteristics of the premises, windows, internal and external furnishing elements owned by the businessupon registration in the Register.
The UAE UO will cancel the business from the Register if, following the required checks, the conditions that led to its registration no longer apply, or if the owner or legal representative of the business submits a written request for cancellation.
Within ten days of cancellation, the business owner is required to remove all references to the “Historical Shop” status, in whatever form it is used within the scope of the business.
Commercial and artisan businesses cannot claim the title of “Historical Shop” if:
- are not registered in the Register;
- have been deleted from the above-mentioned Register.
Conservative restoration and enhancement interventions
The owners and managers of the “Historical Shop” may submit proposals to the Commission for the Evaluation of the Requirements for the Designation of Historic Shops for the restoration and enhancement of the building structure or furnishings, the layout of the interior spaces, the windows, and any other decorative elements.
The Commission for the Evaluation of the Requirements for the Designation of Historic Shops will assess whether the interventions could alter the historical and traditional image of the business.
If such interventions are deemed to jeopardize the requirements possessed by the business at the time of registration in the Register, the Commission for the Evaluation of the Requirements for the Designation and Historic Shops shall notify the interested party in writing within thirty days of receiving the proposal, indicating, where necessary, that a new project be submitted to avoid altering the original requirements.
In the event that the interested party decides to proceed with the scheduled interventions without complying with the instructions received, the Commission for the Evaluation of the Requirements for the Label and Historic Shops will communicate this to the UAE Office, which will order the cancellation of the business from the Register.
Controls and sanctions
The Analysis and Control Section of the UAE Office, also making use of the bodies competent authorities, inspects and monitors premises classified as “Historical Shop” to ascertain the existence and maintenance of the requirements for recognition of the status.
In the event of abusive use of the Historical Shop status by those who are not registered or have been removed from the Register, the Analysis and Control Section of the UAE Unit applies an administrative fine ranging from €500.00 (five hundred/00) to €2,000.00 (two thousand/00).
If the Commission for the Evaluation of the Requirements for the Label and Historic Shops finds violations of the provisions, it sends an appropriate technical report to the Analysis and Control Section of the UAE Unit, which then imposes the appropriate administrative sanctions.
In the event of abusive use of the status of “Historical Shop” and the “Made in San Marino” and “100% Made in San Marino” labels, the Analysis and Control Section of the UAE UO orders the offender to remove the logo or mark within a set deadline and prohibits its use in any form.
Penalties for the use of distinctive signs intended to mislead as to the origin of the product
Anyone who uses a sales indication for commercial purposes that presents the product as entirely made in San Marino, such as “100% Made in San Marino”, “100% San Marino”, “all Sammarinese”, in any language expressed, or in another language that is similarly capable of instilling in the consumer the belief that the product was entirely made in San Marino, or signs, designs or figures that lead to the same erroneous belief, outside the foreseen conditions, without prejudice to the application of criminal sanctions, is punished with an administrative pecuniary sanction of Euro 500.000 (five hundred/00) to €15,000.00 (fifteen thousand/00).
Penalties for improper use of the “Made in San Marino” label
Improper or unauthorized use of the “Made in San Marino” label, without prejudice to the application of criminal sanctions, is punishable by an administrative fine ranging from €500.00 (five hundred/00) to €15,000.00 (fifteen thousand/00).
Provisions Penalties
Anyone who manufactures, counterfeits, alters, puts into circulation, improperly uses, purchases, or possesses for circulation the “Made in San Marino,” “100% Made in San Marino” labels, or the graphics certifying the “Bottega Storica” logo, without authorization or in violation of the provisions of this law, shall be punished pursuant to Article 308 of the Criminal Code.
