Regulation of the Federal Minister for Health and Women on certain types of thickened milk and dried milk

Pursuant to § § 10 (1) (1) and (42) (4) of the Food Act 1975, BGBl. N ° 86, as last amended by the Federal Law BGBl. I n ° 69/2003, in accordance with § § 3 and 4 in agreement with the Federal Minister for Economic Affairs and Labour, the following is arranged:

Scope

§ 1. This Regulation shall apply to the following products:

1.		Milk Thickened
		Liquid sugar or unadded products, directly by partial water withdrawal from milk, from wholly or partly skimmed milk or a mixture of these products, also with the addition of cream, dried milk or these two products Where the addition of dry milk must not exceed 25% of the total mass of milk solids in the finished products.
		These include:
a)			Types of unsugared condensed milk
-			Condensed milk with a high fat content
			Thickened milk containing at least 15% fat and at least 26.5% in total milk solids.
-			Condensed milk or condensed whole milk
			Thickened milk containing at least 7.5% fat and at least 25% in total milk solids.
-			Semi-skimmed condensed milk
			Thickened milk containing at least 1% fat and less than 7.5% fat and at least 20% in total milk solids.
-			Condensed skimmed milk or condensed skimmed milk
			Concentrated milk containing not more than 1% of fat and at least 20% of total milk solids.
b)			Types of sugared condensed milk
-			Sweetened condensed milk or condensed whole milk
			Concentrated milk containing the addition of sucrose (semi-white sugar, white sugar or refined white sugar) and a fat content of at least 8% and a total milk dry mass of at least 28%.
-			Sweetened partially skimmed condensed milk or sugar-covered condensed milk
			Concentrated milk containing the addition of sucrose (semi-white sugar, white sugar or refined white sugar) and a fat content of at least 1% and less than 8%, and at least 24% of the total milk solids content.
-			Condensed milk of condensed skimmed milk or condensed skimmed milk
			Concentrated milk containing the addition of sucrose (semi-white sugar, white sugar or refined white sugar) and a fat content of not more than 1% and a total milk dry mass of not less than 24%.
2.		Dry milk
		Products obtained directly from milk, from skimmed or semi-skimmed milk, from cream or a mixture of these products, in powder form with a water content of not more than 5% in the finished product.
		These include:
a)			Milk powder with high fat content
			Dry milk with a fat content of at least 42%.
b)			Milk powder or whole milk powder
			Dry milk with a fat content of at least 26% and less than 42%.
c)			Semi-skimmed milk powder
			Dry milk with a fat content of more than 1.5% and less than 26%.
d)			Skimmed milk powder
			Dry milk with a fat content of not more than 1.5%.

Treatment in the manufacture of

§ 2. (1) In the manufacture of products according to § 1 Z 1 lit. b may be added to lactose in an amount of up to 0.03% of the finished product.

(2) Without prejudice to the provisions of the Milk Hygiene Regulation, BGBl. No 897/1993, as amended, has the effect of making the preservation of the situation by:

1.		Heat treatment (sterilization, UHT, etc.) for products according to § 1 Z 1 lit. A
2.		Addition of sucrose for products according to § 1 Z 1 lit. B
3.		Drying for products according to § 1 Z 2

Labelling provisions

§ 3. (1) Without prejudice to the provisions of the Food labelling Regulation 1993-LMKV, BGBl. No 72, as amended, as well as § 4, the designations provided for in § 1 are reserved for the products referred to therein and are to be used as subject-matter.

(2) With the exception of "condensed skimmed milk or condensed skimmed milk", "condensed skimmed milk or condensed skimmed milk" and "skimmed milk powder", the milk fat content shall be indicated, expressed as a percentage of the finished product, and in the case of products in accordance with Article 1 (1) (1), of the fat dry mass fraction originating from milk. This information shall be affixed in the vicinity of the description of the product.

(3) In the case of products according to § 1 Z 2, the recommendations for the dilution and/or the reconstitution procedure, including the indication of the fat content of the reconstituted or reconstituted product in this way.

(4) In the case of products in accordance with Section 1 (2), it must be stated that the product is "not intended to be food for infants under 12 months of age".

(5) In the case of products less than 20 g per unit with an outer packaging, the particulars required under (2) to (4) may be noted only on the outer packaging.

§ 4. Without prejudice to the provisions of Section 3 (1), the following special names may be used for certain products in accordance with Section 1:

1.		The name "condensed coffee bean" for "condensed milk with a high fat content".
2.		The names "cream powder" and "cream powder" for "milk powder with a high fat content".

Sampling and analysis methods

§ 5. (1) The sampling for products referred to in § 1 shall be determined in accordance with the provisions of the Annex to Commission Directive 87 /524/EEC of 6 June 1991. 1 October 1987 laying down Community methods for the sampling of permanent milk products, OJ L 327, 31.12.1987, p. No. OJ L 306, 28.10.1987.

(2) For the examination of the composition of products referred to in § 1, which, in accordance with the criteria set out in Annex I to Commission Directive 79 /1067/EEC of 13 November 1979 establishing Community methods of analysis for the testing of certain varieties thickened milk and dried milk for human consumption, OJ L 327, 30.4.2002, p. No. The methods of analysis described in Annex II to this Directive are to be applied.

Final provisions

§ 6. (1) With the entry into force of this Regulation, the Regulation on Condensed Milk and Milk Powder (BGBl) shall enter into force. II No 129/1997, except for force.

(2) Products not subject to the provisions of this Regulation, but to the provisions of the Regulation on Condensed Milk and Milk Powder, BGBl. II No 129/1997, may be placed on the market until 16 July 2004.

(3) Products not complying with this Regulation, but before 17 July 2004 in accordance with the provisions of the Regulation on Condensed Milk and Milk Powder, BGBl. II No 129/1997, must be kept on the market until the stocks have been fully dismantled.

§ 7. This Regulation lays down Council Directive 2001 /114/EC of 20 December 2001 on certain types of thickened milk and dried milk intended for human consumption, OJ L 327, 30.12.2001, p. No. OJ L 15 of 17. Jänner 2002, transposed into Austrian law.

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