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7 Regulatory Aspects Concerning Yerba Mate Tea
7.1 The Global Importance of Yerba Mate
Yerba mate is a critical economic resource for South American people working in
farms and associated industries. The example of Argentina is notable: yerba mate
has been defined the national infusion in this country in 2013, and similar feelings can be easily observed in remaining countries (Gortari 2007; Lawson 2009;
Smith 2014), although it has to be considered that Uruguay imports leaves with the
final production on site. On the other side, Brazil, Argentina, and Paraguay have
the complete ‘yerba mate supply chain’. Anyway, the ‘yerba mate’ region—boundaries: 21°00’00” S; 30°00’00” S (latitudes); 48°30’00” W, 56°10’00” W (longitudes)
(Croge et al. 2020)—is common to all the above-mentioned countries, also meaning
that all included economies rely on this product with a peculiar importance for several
regions only.
At present, yerba mate represents a global commerce worldwide with notable
economic incomes. However, the ineffective control and management of the agribusiness industry have forced many small farmers to abandon their homes and cultivations because of the impossibility to guarantee high production amounts. Yerba mate
market is essentially an oligopolistic system, and the same thing is true for the
past. The commercialisation of ethic (fair trade) and organic yerba mate products
has partially determined some amelioration for agricultural workers (Smith 2014)
because of the interest in ethical policies and ethnic products (alternative foods). As
a result, more regulation should be needed. The next section gives a brief example of
the regulatory situation in Argentina and Brazil (the two main yerba mate producers).
7.2 Yerba Mate Regulation in Argentina and Brazil
The commercial development and basic rules for yerba mate productions are
managed, in Argentina, in the ambit of the Instituto Nacional de la Yerba Mate
(INYM), ruling the whole sector and also carrying on the general promotion of
yerba mate in Argentina and worldwide (Lawson 2009; Ministerio de Agroindustria
2016). However, it has to be considered that the oligopolistic nature of the yerba mate
system in Argentina is still the normal status. Consequently, sellers notably surpass
the number of potential buyers, and this disequilibrium needs more regulatory norms
able to defend the Argentinean economic system and also yerba mate consumers,
for a commerce which allows nowadays selling and buying this product worldwide.
From the regulatory viewpoint, the Argentinean INYM has finally obtained the
geographical indication (GI) for ‘yerba mate’ in 2016 (Moeller IP Advisors 2016).
Thus, the INYM is now completely able to guarantee—and defend—quality distinctions (Sect. 1.4), legal protection, and information related to the origin of yerba
mate. In this country, the main regulatory document is the Ley Nº 18.284—Código
Alimentario Argentino (Law N° 18.284—Argentinean Food Code), established in
1969. This law introduces technical norms with concern to hygiene-, safety-, and
7 Regulatory Aspects Concerning Yerba Mate Tea
7.1 The Global Importance of Yerba Mate
Yerba mate is a critical economic resource for South American people working in
farms and associated industries. The example of Argentina is notable: yerba mate
has been defined the national infusion in this country in 2013, and similar feelings can be easily observed in remaining countries (Gortari 2007; Lawson 2009;
Smith 2014), although it has to be considered that Uruguay imports leaves with the
final production on site. On the other side, Brazil, Argentina, and Paraguay have
the complete ‘yerba mate supply chain’. Anyway, the ‘yerba mate’ region—boundaries: 21°00’00” S; 30°00’00” S (latitudes); 48°30’00” W, 56°10’00” W (longitudes)
(Croge et al. 2020)—is common to all the above-mentioned countries, also meaning
that all included economies rely on this product with a peculiar importance for several
regions only.
At present, yerba mate represents a global commerce worldwide with notable
economic incomes. However, the ineffective control and management of the agribusiness industry have forced many small farmers to abandon their homes and cultivations because of the impossibility to guarantee high production amounts. Yerba mate
market is essentially an oligopolistic system, and the same thing is true for the
past. The commercialisation of ethic (fair trade) and organic yerba mate products
has partially determined some amelioration for agricultural workers (Smith 2014)
because of the interest in ethical policies and ethnic products (alternative foods). As
a result, more regulation should be needed. The next section gives a brief example of
the regulatory situation in Argentina and Brazil (the two main yerba mate producers).
7.2 Yerba Mate Regulation in Argentina and Brazil
The commercial development and basic rules for yerba mate productions are
managed, in Argentina, in the ambit of the Instituto Nacional de la Yerba Mate
(INYM), ruling the whole sector and also carrying on the general promotion of
yerba mate in Argentina and worldwide (Lawson 2009; Ministerio de Agroindustria
2016). However, it has to be considered that the oligopolistic nature of the yerba mate
system in Argentina is still the normal status. Consequently, sellers notably surpass
the number of potential buyers, and this disequilibrium needs more regulatory norms
able to defend the Argentinean economic system and also yerba mate consumers,
for a commerce which allows nowadays selling and buying this product worldwide.
From the regulatory viewpoint, the Argentinean INYM has finally obtained the
geographical indication (GI) for ‘yerba mate’ in 2016 (Moeller IP Advisors 2016).
Thus, the INYM is now completely able to guarantee—and defend—quality distinctions (Sect. 1.4), legal protection, and information related to the origin of yerba
mate. In this country, the main regulatory document is the Ley Nº 18.284—Código
Alimentario Argentino (Law N° 18.284—Argentinean Food Code), established in
1969. This law introduces technical norms with concern to hygiene-, safety-, and