1.7 Yerba Mate Between Regulatory Norms and Commercial Matters
23
(2) Secondly, this plant can be used as base for flavoured ready-to-drink beverages.
The existence of similar products has allowed the yerba mate system to find
other markets and applications, including also the possible use of yerba mate
extracts for functional foods
(3) The institution of electronic commerce has allowed yerba mate to arrive rapidly
in different world areas where this plant was initially unknown. For these
reasons also, yerba mate can arrive easily also in the Middle East, probably
because of the notable demand from migrants who have know this product
while working in South America (Jouanjean et al. 2015).
With relation to commerce, and from the regulatory viewpoint:
(1) The Argentinean INYM has finally obtained the geographical indication for
‘yerba mate’ in 2016 (Moeller IP Advisors 2016). As a consequence, thanks to
this recognition, the INYM can now guarantee transparency when speaking of
quality distinctions (Sect. 1.4), legal protection, and information related to the
origin of yerba mate (introducing the concept of traceability and authenticity
in this field)
(2) A ‘National Policy on Yerba mate’ has been issued in Brazil (03 January 2019)
with the aim of enhancing the production, quality, and the general commerce for
this plant (Presidência da República 2019). The document seems to pursue the
same objectives of the Argentinean INYM, including topics such as the defence
of environmental sustainability, safety, and hygiene issues with reference to
yerba mate as a beverage (infusion).
From the international viewpoint, it should be remembered that yerba mate can be
classified as ‘Paraguayan tea’, ‘botanical herb’ or ‘mate tea’ according to the Food and
Drug Administration (yerba mate harmonization code is: 0903.00.00) (Askaripour
2018).
With concern to the European Union (EU), yerba mate—under different names—
is now recognised as a ‘novel food’ (European Commission 2020). Originally, yerba
mate was on the European market as a food or food ingredient, and consequently
allowed for a significant consumption until 15 May 1997. At present, the access of
this product to the EU market is ruled in accordance with the Novel Food Regulation
(EC) No. 258/97. However, it has to be considered that Member States may have
peculiar restrictions in this ambit. In accordance with the Trade Part of the Agreement following the agreement in principle announced on 28 June 2019 (Agreement between the EU and the Mercado Común del Sur or MERCOSUR) (European Commission 2019), yerba mate is considered in the category of ‘beverages’
when speaking of ‘Yerba mate Argentina/ Yerba mate Elaborada con Palo’ (origin:
Argentina), ‘other beverages’ as Yerbamate Paraguaya’ (Paraguay), or ‘mate herb’
with concern to ‘São Matheus’ (Brazil).
Anyway, this product has been declared ‘Patrimonio Cultural del Mercosur’ in
2018. This declaration shows well the importance of this product for South American
consumers. It has to be noted that general features concerning the entering yerba mate
products on the MERCOSUR market have to comply with MERCOSUR’s Technical
23
(2) Secondly, this plant can be used as base for flavoured ready-to-drink beverages.
The existence of similar products has allowed the yerba mate system to find
other markets and applications, including also the possible use of yerba mate
extracts for functional foods
(3) The institution of electronic commerce has allowed yerba mate to arrive rapidly
in different world areas where this plant was initially unknown. For these
reasons also, yerba mate can arrive easily also in the Middle East, probably
because of the notable demand from migrants who have know this product
while working in South America (Jouanjean et al. 2015).
With relation to commerce, and from the regulatory viewpoint:
(1) The Argentinean INYM has finally obtained the geographical indication for
‘yerba mate’ in 2016 (Moeller IP Advisors 2016). As a consequence, thanks to
this recognition, the INYM can now guarantee transparency when speaking of
quality distinctions (Sect. 1.4), legal protection, and information related to the
origin of yerba mate (introducing the concept of traceability and authenticity
in this field)
(2) A ‘National Policy on Yerba mate’ has been issued in Brazil (03 January 2019)
with the aim of enhancing the production, quality, and the general commerce for
this plant (Presidência da República 2019). The document seems to pursue the
same objectives of the Argentinean INYM, including topics such as the defence
of environmental sustainability, safety, and hygiene issues with reference to
yerba mate as a beverage (infusion).
From the international viewpoint, it should be remembered that yerba mate can be
classified as ‘Paraguayan tea’, ‘botanical herb’ or ‘mate tea’ according to the Food and
Drug Administration (yerba mate harmonization code is: 0903.00.00) (Askaripour
2018).
With concern to the European Union (EU), yerba mate—under different names—
is now recognised as a ‘novel food’ (European Commission 2020). Originally, yerba
mate was on the European market as a food or food ingredient, and consequently
allowed for a significant consumption until 15 May 1997. At present, the access of
this product to the EU market is ruled in accordance with the Novel Food Regulation
(EC) No. 258/97. However, it has to be considered that Member States may have
peculiar restrictions in this ambit. In accordance with the Trade Part of the Agreement following the agreement in principle announced on 28 June 2019 (Agreement between the EU and the Mercado Común del Sur or MERCOSUR) (European Commission 2019), yerba mate is considered in the category of ‘beverages’
when speaking of ‘Yerba mate Argentina/ Yerba mate Elaborada con Palo’ (origin:
Argentina), ‘other beverages’ as Yerbamate Paraguaya’ (Paraguay), or ‘mate herb’
with concern to ‘São Matheus’ (Brazil).
Anyway, this product has been declared ‘Patrimonio Cultural del Mercosur’ in
2018. This declaration shows well the importance of this product for South American
consumers. It has to be noted that general features concerning the entering yerba mate
products on the MERCOSUR market have to comply with MERCOSUR’s Technical