Made | 19th June 2003 | ||
Coming into operation | 3rd August 2003 |
Vegetable fats in chocolate products
3.
- (1) Subject to paragraph (2), the vegetable fats, other than cocoa butter, specified in Schedule 2 may be added to those designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9 of Schedule 1.
(2) An addition in accordance with paragraph 1 may not exceed 5 per cent of the finished product, after deduction of the total weight of any other edible substances used in accordance with Note 1 to Schedule 1, without reducing the minimum content of cocoa butter or total dry cocoa solids.
Scope of Regulations
4.
These Regulations apply to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
5.
No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless -
Labelling and description of designated products
6.
- (1) Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars -
(d) subject to paragraph (4), in the case of a designated product specified in column 2 of item 2(c), 2(d), 2(e), 3, 4, 5, 8 or 9 of Schedule 1, an indication of the total dry cocoa solids content in the form "cocoa solids… % minimum";
(e) in the case of a designated cocoa product specified in column 2 of item 2(b) or 2(e), an indication of the cocoa butter content.
(2) Where designated chocolate products specified in column 2 of items 3, 4, 5 6, 7 and 10 of Schedule 1 are sold in an assortment -
(3) The reserved descriptions "chocolate", "milk chocolate" and "couverture chocolate" may be supplemented by information or descriptions relating to quality criteria provided that the product contains -
(4) The total dry cocoa solids content with which a designated product is required by paragraph (1)(d) to be marked or labelled shall be calculated after deduction of the weight of other edible substances provided for in Note 1 to Schedule 1 but not the weight of any ingredient specified in column 2 of Schedule 1 as an ingredient of that product or of any vegetable fat added in accordance with regulation 3.
Manner of marking or labelling
7.
- (1) Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 6 as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
(2) The information with which a designated chocolate product is required to be marked or labelled by paragraph (1)(b) of regulation 6 shall be -
Penalties and enforcement
8.
- (1) If any person contravenes any provision of regulation 5 or 6 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Each district council shall enforce and execute these Regulations within its district.
Defence in relation to exports
9.
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove -
Application of various provisions of the Order
10.
The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these regulations as a reference to these Regulations -
Amendments and revocations
11.
- (1) In the 1996 Regulations, in regulation 4(2) (scope of Part II), sub-paragraph (b) shall be omitted.
(2) The following entries relating to the Cocoa and Chocolate Products Regulations (Northern Ireland) 1976[8] shall be omitted -
(3) In Schedule 9 to the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 the entry relating to the Cocoa and Chocolate Products (Amendment) Regulations (Northern Ireland) 1982[16] shall be omitted.
(4) In the following provisions, for references to Directive 73/241/EEC[17] there shall be substituted references to Directive 2000/36/EC[18] -
(5) The Cocoa and Chocolate Products Regulations (Northern Ireland) 1976 and the Cocoa and Chocolate Products (Amendment) Regulations (Northern Ireland) 1982 are hereby revoked.
Transitional provision
12.
In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that -
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
19th June 2003.
L.S.
Bill Smith
A Senior Officer of the Department of Health, Social Services and Public Safety
Column 1 | Column 2 |
Reserved descriptions | Designated products |
1.
Cocoa butter |
The fat obtained from cocoa beans or parts of cocoa beans with the following characteristics: - - not more than 1.75 per cent free fatty acid content (expressed as oleic acid); and - for press cocoa butter, not more than 0.35 per cent unsaponifiable matter (determined using petroleum ether); or - for other cocoa butter, not more than 0.5 per cent unsaponifiable matter (so determined). |
2.
|
The product obtained by converting into powder cocoa beans which have been cleaned, shelled and roasted, and which contains not less than 20 per cent cocoa butter, calculated according to the weight of the dry matter, and not more than 9 per cent water. |
(b) Fat-reduced cocoa or Fat-reduced cocoa powder |
Cocoa powder containing less than 20 per cent cocoa butter, calculated according to the weight of the dry matter. |
(c) Powdered chocolate or Chocolate in powder |
The product consisting of a mixture of cocoa powder and sugars, containing not less than 32 per cent cocoa powder. |
(d) Drinking chocolate or Sweetened cocoa or Sweetened cocoa powder |
The product consisting of a mixture of cocoa powder and sugars, containing not less than 25 per cent cocoa powder. |
(e) Fat-reduced drinking chocolate or Fat-reduced sweetened cocoa or Fat-reduced sweetened cocoa powder |
The product consisting of a mixture of cocoa powder specified at item 2(b) and sugars, containing not less than 25 per cent of such cocoa powder. |
3.
|
(a) The product obtained from cocoa products and sugars which, subject to item 3(b), contains not less than 35 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 14 per cent of dry non-fat cocoa solids. |
(b) If "Chocolate" is supplemented by
|
(b)
|
(ii) "couverture" |
(ii) The product containing not less than 35 per cent total dry cocoa solids, including not less than 31 per cent cocoa butter and not less than 2.5 per cent of dry non-fat cocoa solids. |
(iii) "Gianduja" or one of the derivatives of "Gianduja" |
(iii) The nut chocolate product obtained (1) from chocolate having a minimum total dry cocoa solids content of 32 per cent including a minimum dry non-fat cocoa solids content of 8 per cent, and (2) from finely ground hazelnuts in such quantities that 100 grams of the product contain not less than 20 grams and not more than 40 grams of hazelnuts; and to which may have been added -
- almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 per cent of the total weight of the product. |
4.
|
(a) The product obtained from cocoa products, sugars and milk or milk products which, subject to item 4(b), contains -
- not less than 14 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat; - not less than 2.5 per cent dry non-fat cocoa solids; - not less than 3.5 per cent milk fat; - not less than 25 per cent total fat (cocoa butter and milk fat). |
(b) If "Milk chocolate" is supplemented by -
|
(b)
|
(ii) "couverture" |
(ii) The product containing a minimum total fat (cocoa butter and milk fat) content of 31 per cent. |
(iii) "Gianduja" or one of the derivatives of "Gianduja" |
(iii) The nut milk chocolate product obtained (1) from milk chocolate having a minimum content of 10 per cent dry milk solids, obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat and (2) from finely ground hazelnuts in such quantities that 100 grams of the produce contain not less than 15 grams and not more than 40 grams of hazelnuts; and to which may have been added almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 per cent of the total weight of the product. |
(c) If "Milk" is replaced by -
|
(c)
|
(ii) "skimmed milk" |
(ii) The product containing a milk fat content not greater than 1 per cent. |
5.
Family milk chocolate or Milk chocolate |
The product obtained from cocoa products, sugars and milk or milk products which contains - - not less than 20 per cent total dry cocoa solids; -not less than 20 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat; -not less than 2.5 per cent dry non-fat cocoa solids; -not less than 5 per cent milk fat; -not less than 25 per cent total fat (cocoa butter and milk fat). |
6.
White chocolate |
The product obtained from cocoa butter, milk or milk products and sugars which contains not less than 20 per cent cocoa butter and not less than 14 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, of which not less than 3.5 per cent is milk fat. |
7.
Filled chocolate or Chocolate with … filling or Chocolate with … centre |
The filled product, the outer part of which consists of a product specified in column 2 of item 3, 4, 5 or 6 and constitutes not less than 25 per cent of the total weight of the product, but does not include any filled product, the inside of which consists of bakery products, pastry, biscuit or edible ice. |
8.
Chocolate a la taza |
The product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 35 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 14 per cent dry non-fat cocoa solids, and not more than 8 per cent flour or starch. |
9.
Chocolate familiar a la taza |
The product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 30 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 12 per cent dry non-fat cocoa solids, and not more than 18 per cent flour or starch. |
10. A chocolate or A praline |
The product in single mouthful size, consisting of:-
(b) a single chocolate or a combination or a mixture of chocolate within the meaning of any of the definitions specified in column 2 of items 3, 4, 5 and 6 and any other edible substance, provided that the chocolate constitutes not less than 25 per cent of the total weight of the product. |
(2) Only those flavourings which do not mimic the taste of chocolate or of milk fat may be added to the designated products specified in column 2 of items 2, 3, 4, 5, 6, 8 and 9.
2.
- (1) The minimum contents of the designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9 shall be calculated after deduction of the weight of other edible substances provided for in Note 1.
(2) In the case of the designated chocolate products specified in column 2 of items 7 and 10, the minimum contents shall be calculated after deducting the weight of other edible substances provided for in Note 1, as well as the weight of the filling.
(3) The chocolate contents of the designated chocolate products specified in column 2 of items 7 and 10 shall be calculated in relation to the total weight of the finished product, including its filling.
3.
In this Schedule, "sugars" includes sugars covered by Council Directive 2001/111/EC[21] and other sugars.
2.
In conformity with the criteria specified in paragraph 1, the following vegetable fats, obtained from the plants listed in the Table below, may be used: -
Usual name of vegetable fat | Scientific name of the plants from which the fats listed can be obtained |
1.
Illipe, Borneo tallow or Tengkawang |
Shorea spp. |
2.
Palm-oil |
Elaeis guineensis Elaeis olifera |
3.
Sal |
Shorea robusta |
4.
Shea |
Burtyrospermum parkii |
5.
Kokum gurgi |
Garcinia indica |
6.
Mango kernel |
Mangifera indica |
[2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back
[3] O.J. No. L31, 1.2.2002, p. 1back
[4] S.R. 1996 No. 383; the relevant amending Regulations are S.R. 1998 No. 253, S.R.1999 Nos. 143, 244 and 286, S.R. 2000 Nos.189 and 303, S.R. 2001 No. 45 and S.R. 2003 No. 159back
[5] O.J. No. L1, 3.1.94, p. 1back
[6] O.J. No. L1, 3.1.94, p. 571back
[7] O.J. No. L197, 3.8.2000, p.19, as adopted by EEA Joint Committee Decision 152/2001 (O.J. No. L65, 7.3.2002, p. 26)back
[8] S.R.1976 No. 183, as amended by S.R. 1981 Nos.193, 194 and 305, S.R.1982 No. 349, S.R.1984 No. 407, S.R. 1991 Nos.203 and 344, S.R. 1992 No. 464 and S.R. 1996 Nos. 50, 53 and 383back
[17] O.J. L228, 16.8.1973, p. 23, as repealed with effect from 3rd August 2003 by Directive 2000/36/EC (O.J. L197, 3.8.2000, p. 19)back
[18] O.J. L197, 3.8.2000, p. 19back
[20] S.R. 1996 No. 50; the relevant amending Regulations are S.R.1999 No. 244back
[21] O.J. L10, 12.1.2002, p. 53back