In Mexico they don't really use very hot peppers like we think, you will likely only find Habaneros in the Yucatan area(3 states) where they originated, and habaneros are the only C. chinenses found in Mexico although I still debate whether a red habanero should still be called a habanero.
The reason they are protecting it is so that the real habanero genetics don't get lost in the sea of poor taxonamy and cross-breeding
The same thing is happening with the Jamaican Scotch Bonnet
"
Unfortunately, Jamaica is unable to meet the demand for this highly sought after commodity. Other Caribbean islands have tried to cash in on this demand by exporting the peppers, but importers in the USA who know the product say the quality is inferior to the true Jamaican Scotch bonnet.
The Jamaican government is currently working with agronomists at the Scientific Research Council and the Ministry of Agriculture to save the Scotch pepper which is under threat from the use of inferior seeds, the use of the name Jamaican Scotch bonnet to describe peppers that are not real Scotch bonnet, inferior quality products and inability to meet demand. In addition, the fumigation that is required for entry into the United States results in quicker spoilage.
The Ministry of Agriculture, Rural Agricultural Development Association and the Scientific Research Council are all working to ensure that the Scotch bonnet pepper industry survives. One of the strategies being developed is the sale and distribution of top-quality Jamaican Scotch bonnet seeds to farmers.
http://fiery-foods.c...maica?showall=1
I do not disagree that The Yucutan Peninsula is the largerst producer of Habaneros in Mexico, but there is a fair share of cultivation of habaneros on the West Coast of Mexico as well. This picture is from the latest travel log I have from the West coast from a 25 ha habenero and Serrano field:
There is also no doubt that The Yucutan Peninsula have a well know regional cuisine with a tradition of using Habaneros, but if I do not remember incorrectly I read a piece from The Mexican Agriculture Department stating around 33 tons of the habanero cultivated on the Yucutan Peninsular is sold nationaly in Mexico compared to around 10 tons exported ( whether this is pr. week or month I do not remember). And then there is the habaneros grown out and sold nationaly out side the Peninsula of Yucutan. Also despite the traditional local cuisines is dominated by the mild chiles habaneros will be found in restaurants and as fresh pods in markets out side Yucatan.
I was aware that there is talk about the Jamaican Scoth Bonnet and protected designation of origin. In Mexico it is also suggested to apply for protection with a regional/geografical qualifier of for instance poblano, jalapeno, piquen, serrano, ancho, guajillio, chipotle, passilla, amachito.
But I still disagree with the interpretion that this will mean that any of the above mentioned can not be sold under the cultivar name with out being grown in specific geografical areas.
even if they are granted the proction it will not be the cultivar that is protected – it will be the the geografical information linked to cultivar that will be protected =
Jamaican Scoth Bonnet, where as Scoth Bonnet can be grown, sold and markedet as Scoth Bonnets.
My take on the issue is:
It lies in the laws - national and international – that regulates the use of Geografical Indications (GI), which consist of protected designation of Origin (PDO), protected Geografical Indications (PGI) and Appellation of Origins (AO) among others, which positively regulates and registers National Indications with precise product description and certification of compliance. A few is Carrots from Lammefjorden (just to have Denmark represented
), and in Mexico ”Vanilla from Papantla” or ”Mango Ataulfo del Soconusco Chiapas” and in other Contries several types of olive, lemons and potatoes with specific geografical indicators *
GI involves recognizing a collective, exclusive right to the
use in trade of a geografical name or symbol
on an item or product, which creates the means to differenciate their product on the market (See i.e.
Larson, 2007 for a extensive explation of GI). This has become a hugh commercial advantage where the geografical identifyer and the ”connotations of a special quality or history” competes with the attention of the consumer among with low prices, availabilty etc.
Over all the most important is that it is not a variety/cultivar that is protected in the GI. Variety/cultivar protection is internationaly regulated in TRIPs and/or in the UPOV act (
Hefner, 2002 is good overview) - UPOV which has a very limited number of member – but includes Mexico. Nationaly in Mexico the protection of variety/cultivars are regulated in ”
Ley Federal de Variedades Vegetales”. With out getting lost in more details, both TRIPs, UPOV and national Mexican law states that a variety/cultivar have to be
new to get any form of protection under these rules or international agreements.
Nor the GI regarding "Habaneros of the Peninsula Yucutan" and nor "ley Federal de variedades Vegetales" will be able to regulate or protect the "original habanero" from being cross bred or other types of habeneros to be sold under the name of habanero. Peculiar enough MAYAN EK, MAYEN IXCHEL, MAYAN KAUIL, MAYAPAN is just some of the cultivars that was registreret as new
Habanero Cultivars under the "Ley Federal de Variedades Vegatales" in Mexico in 2011 (Source:
Catálogo nacional de Variedades Vegetales and
Plant variaety Gazette)
Last but not least it looks as if a "false marketing" logic is applied in the argument that habaneros from out side Yucantan is not a habenero - and that the orange "original" habeno (perhaps the red as well) is the only habanero cultivars. This can not be deducted from the "protected designation of origin" as it does no lie within the schemes of the legislation to define true cultivars. But on the contrary it can be deducted that the "habanero of yucutan" clearly defines them selfes being different than other habaneros - in accordance with the common (mis-) conception that Habaneros are a wide variaty of c. chinense - thus making habaneros are generic term.
/Jadia
* Common Law Contries such as Canada (minus Quebec) and USA have a different legal practice when it comes to GI, which I have very little knowlegde of – But I believe Canada have a preventive protection practice (no registration), but mainly uses ”passing off”. And USA is a hole other ball game, which connects to trade marks (and general preventive protection practices).
** in the proces of editing with links..
