Decree No. 2004-314 Of 29 March 2004 Amending Decree No. 85-872 14 August 1985 Concerning The Application Of The Law Of 1 August 1905 On Frauds And Falsifications In Products And Services In Relation To Jams, Jellies...

Original Language Title: Décret n° 2004-314 du 29 mars 2004 modifiant le décret n° 85-872 du 14 août 1985 portant application de la loi du 1er août 1905 sur les fraudes et falsifications en matière de produits et de services en ce qui concerne les confitures, gelées ...

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Summary Modification of the art. 2 to 6 and the annex to the above-mentioned Decree and deletion of art. 8 text partially repealed: art. 9 and 10.
Keywords economy, AGRICULTURE, power, commodity food, consumption, consumer PROTECTION, nutrition HUMAINE, FRUIT, additive food, jam, jelly, MARMALADE, TRANSPOSITION of EC DIRECTIVE, harmonization European JORF n ° 77, March 31, 2004 page 6205 text no. 46 Decree No. 2004-314 of 29 March 2004 amending Decree No. 85-872 14 August 1985 concerning the application of the law of 1 August 1905 on frauds and falsifications in products and services in relation to the jams jellies and marmalades of fruits and other products like NOR: ECOC0200167D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/3/29/ECOC0200167D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2004/3/29/2004-314/jo/texte Prime Minister, on the report of the Minister of economy, finance and industry, having regard to Council directive 2001/113/EC of the Council of 20 December 2001 relating to jams jellies and marmalades and fruit, as well as the sweetened chestnut purée intended for human consumption;
Having regard to the code of the consumption, particular articles L. 214 - 1, L. 214 - 2 and R. 112 - 1 to R. 112 - 33;
Having regard to Decree No. 85-872 14 August 1985 concerning the application of the law of 1 August 1905 on frauds and falsifications in products and services in relation to the jams, jellies and marmalades and fruit and other similar products, as amended by decrees no. 89-674 dated September 18, 1989, no. 91-1097 13 September 1991 and no. 97-298 of 27 March 1997;
Having regard to Decree No. 89 - 674 18 September 1989 on additives which may be used in foodstuffs intended for human consumption;
Considering Decree No. 93 - 1130 of 27 September 1993 on the nutritional qualities of food labelling;
Having regard to the opinion of the French food safety agency dated February 7, 2003;
The Council of State (finance section) heard, enacts as follows: Article 1 more on this article...

Article 1 of the Decree of 14 August 1985 referred to above is amended as follows: 1 ° in the second paragraph, after the word: "cucumbers", shall be inserted the words: ", melons, watermelons.
2 ° a paragraph as follows is added: "the provisions of this order apply to products intended for the manufacture of products of fine bakery wares, pastries or biscuits."


Article 2 more on this article...

In the second paragraph of article 2 of the same Decree, the words: 'European Economic Community' shall be replaced by the words: 'European Community '.


Article 3 read more on this article...

A paragraph worded as follows is added to article 3 of the order: "However, the designations listed in title I of the annex can be used additionally and in accordance with the usage to designate other products which cannot be confused with those defined in title I of the annex.»


Article 4 more on this article...

It is added to the first sentence of article 4 of the same Decree the words: "except for products for which sugars have been replaced partially or totally by sweeteners.


Article 5 read more on this article...

Article 5 of the order is replaced by the following: «art.» 5 - products as defined in title I of the annex are prepared from the raw materials conform to title II and the ingredients referred to in title III of the annex, without prejudice to the application of the provisions of Decree No. 89-674 of 18 September 1989 on additives authorized for use in foodstuffs intended for human consumption. ' Article 6 more on this article...

Article 6 of the order is replaced by the following: «art.» 6 - an order of the Ministers responsible for consumption, agriculture and health, on the advice of the French food safety agency, determines the criteria of purity of raw materials and substances added in titles II and III respectively of the annex. ' Article 7 more on this article...

Section 8 of the order is deleted.


Article 8 more on this article...

The schedule to the order is replaced by the annex to this Decree.


Article 9 read more on this article...

Products "cream of other nuts", "cream of prunes", 'confit petals', "candied fruit confit" and «fruit raisiné», mentioned in the 7 to 11 of title I of the annex, lawfully manufactured or marketed and compatible with fair practice in the other Member States of the European Union or parties to the agreement on the European economic area, may be marketed on french territory.
However, for these products, it is forbidden to use one of the denominations laid down in title I of the annex to designate a product that deviates so much from the point of view of its composition or its manufacture, of the product as defined in this appendix that it cannot be regarded as belonging to the same category of products.


Article 10 more on this article...

Products complying with the provisions of the Decree of 14 August 1985 as previous to this decree drafted, and which are labelled before 12 July 2004, may be marketed until stocks are exhausted.


Article 11 read more on this article...

The keeper of the seals, Minister of justice, the Minister of economy, finance and industry, the Minister of health, family and disabled persons, the Minister of agriculture, food, from fishing and Rural Affairs and the Secretary of State for small and medium enterprises, trade, crafts, professions and the consumer are responsible , each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Appendix A N N E X E title 1st names, DESCRIPTIONS of products and DEFINITIONS i. — Definitions 1. "Jam" is a mixture, brought to the gelled consistency, of sugars, the pulp and/or purée of one or more kinds of fruit and water. However, citrus jam may be obtained from the whole fruit, cut into strips and/or sliced.
The quantity of pulp and/or purée used for the manufacture of 1 000 g of finished product is not inferior to: 350 grams in general;
250 grams in the case of currants, Sorbian, fruit of Sea buckthorn, blackcurrants, hips and quinces;
150 grams in the case of ginger;
160 grams in the case of the cashew nuts;
60 grams in the case of the passion fruit.
2. the «extra jam» is a mixture, brought to a suitable gelled consistency, of sugars, pulp unconcentrated of one or more kinds of fruit and water. However, hips extra jam and extra jam seedless raspberries, blackberries, blackcurrants, blueberries and gooseberries can be obtained entirely or partly from non-concentrated fruit purée. Citrus extra jam may be obtained from the whole fruit, cut into strips and/or sliced.
The following fruits may not be used mixed with other fruits for the manufacture of extra jam: apples, pears, plums core member, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.
The quantity of pulp used in the manufacture of 1000 grams of finished product is not less to: 450 grams in general;
350 grams in the case of currants, Sorbian, fruit of Sea buckthorn, blackcurrants, hips and quinces;
250 grams in the case of ginger;
230 grams in the case of the cashew nuts;
80 grams in the case of the passion fruit.
3. the "frozen" is a mixture, enough gelled, sugars and the juice and/or aqueous extracts of one or several species of fruit.
The quantity of juice and/or aqueous extracts used in the manufacture of 1000 grams of finished product is not less than that laid down for the manufacture of jam. These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts.
4. However, in the case of "extra jelly", the amount of juice from fruit and/or aqueous extracts used in the manufacture of 1000 grams of finished product is not less than that laid down for the manufacture of extra jam. These quantities are calculated after deduction of the weight of water used in preparing the aqueous extracts. The following fruits may not be used mixed with other fruits for the manufacture of extra jelly: apples, pears, plums core member, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.
5. the "marmalade" is a mixture, brought to the suitable gelled consistency, of water, sugars and one or more of the following products, obtained from citrus fruit: pulp, purée, juice, extract aqueous and bark.
The quantity of citrus fruit used in the manufacture of 1000 grams of finished product is not less than 200 grams, at least 75 grams come from the endocarp.
6. the name "jelly marmalade" refers to the free product of all the insoluble materials, excluding any small amounts of finely cut bark.
7. the 'cream of chestnuts' and "other nuts cream" is the mixture, brought to a suitable consistency, of water, sugars and the chestnut purée or other nuts, within the meaning of the cream of other nuts.

The amount of chestnut purée used for the manufacture of 1,000 grams of finished product must be greater than or equal to 380 grams.
The amount of puree of nuts used in the manufacture of 1000 grams of finished product must be greater than or equal to 380 grams.
8. the cream of prunes is a mixture brought by cooking at the consistency appropriate sugars and puree of prunes. The quantity of prunes pulling 23% maximum humidity used for the manufacture of 1,000 grams of finished product must be less than 400 grams.
9. the confit of petals is a mixture, brought by cooking at suitable consistency, of sugars, flower petals and/or aqueous extracts of petals of flowers such as jasmine, rose, violet. The petals and/or aqueous extracts of petals quantity used for the manufacture of 1,000 grams of finished product must be greater than or equal to 5 grams.
10 candied fruit confit is a mixture, brought by cooking at the consistency appropriate, sugars and candied fruit.
The amount of candied fruit used in the manufacture of 1000 grams of finished product must be greater than or equal to 450 grams.
11. the raisiné of fruit is a mixture, brought by cooking at suitable consistency, of sugars, grapes or grape juice with added or not of fruit or juice from fruits other than grapes.
The amount of fruit or fruit juice used in the manufacture of 1000 grams of finished product must be greater than or equal to 450 grams, including 250 grams of grapes or grape juice.
II. - In case of mixture, the minimum levels laid down in part I for different species of fruits are reduced proportionally to the percentages used.
Title II products defined in title I may be added the following ingredients:-honey as defined by the regulations for honey in all products to replace all or part of the sugar;
-fruit juice: only in jam;
-citrus fruit juice: in products obtained from other fruit: only in jam, extra jam, jelly and extra jelly;
-red fruit juices: only in jam and extra jam manufactured from hips, strawberries, raspberries, gooseberries mackerel, gooseberries, plums and rhubarb;
-Red beetroot juice: only in jam and jelly manufactured from strawberries, raspberries, gooseberries mackerel, redcurrants and plums;
-essential oils of citrus fruits: only in marmalade and jelly Marmalade;
-oils and edible fats as anti-foaming agents: in all products.
-liquid pectin: in all products.
-citrus peel: in jam, extra jam, jelly and extra jelly;
-leaves of Pelargonium odoratissimum: in jam, extra jam, jelly and extra jelly, where they are obtained from quinces;
– spirits, wine and liqueur wine, fruits, nuts, aromatic herbs, spices, vanilla and vanilla extracts: in all products.
-Vanillin: in all products.
Title III. - Definitions for the purposes of this Decree, the following definitions shall apply.
1 fruit: The fruit fresh, healthy, free of tampering, deprived of any of its essential components and reached the degree of ripeness required after cleaning, trimming, and tailing;
These features are required for the products assimilated to fruits such as defined in the second paragraph of article 1 of this Decree;
'Ginger' means the edible root of the ginger plant in a fresh or preserved State;
«Brown» means the fruit of the chestnut (Castanea sativa); «other nuts» means including the almond (Prunus amygdalus L), the coconuts (Cocos nucifera L), Walnut (Juglans regia l.), pistachio (Pistacia versa L), cashew (Anacardium occidentale).
'Prune' refers to dried plums (Prunus domestica l.) meets the requirements laid down by the legislation in force.
2 flesh (of fruit): the part edible of the whole fruit, may be peeled or seeded, the edible part can be cut into pieces or crushed, but not reduced mashed.
3 purée (of fruit): the edible part of the whole fruit, peeled or seeded if necessary is, this edible part being reduced purée by sieving or other similar process.
4 aqueous extract (fruit): the aqueous extract of fruits which, subject to the inevitable losses according to the good manufacturing practices, contains all the soluble constituents in the water of the fruits used.
5 petals of flowers: the petals of edible flowers healthy, free of tampering, cleaned, trimmed, dried for the manufacture of confits of petals.
6. aqueous extracts of flower petals: aqueous extracts of flower petals which, subject to the inevitable losses according to the good manufacturing practices, containing all soluble constituents in water of flower petals used.
7 citrus peel: peel of citrus fruit, cleaned and cleared or not the endocarp.
8 sugars: Authorised sugars are: 1. sugars as defined by the legislation in force;
2. the fructose syrup;
3. the extracted sugars of fruit;
4. The reddish/brown sugar.
B. - Treatment of the raw material 1. The products defined in part A, points 1, 2, 3 and 4, may undergo the following processes:-treatments by heat or cold;
-lyophilization;
-concentration, to the extent where they lend themselves technically;
-with the exception of the raw materials used in the manufacture of "extra" products: use of sulphur dioxide (E 220) or its salts (E. 221, E. 222, E. 223, E 224, e 226 and E 227) as helps manufacturing until the maximum sulphur dioxide content laid down by the regulation is not exceeded in the products defined in the I of title I.
2. apricots and plums intended for the manufacture of jam may also undergo dehydration treatments other than freeze-drying.
3. citrus peel may be preserved in brine.
4. ginger can be dried or preserved in syrup.
Title IV the application of chapter II of title I of book I of the code of consumption (regulative part) relating to the labelling and presentation of foodstuffs subject to the following additional provisions: 1. the name is complemented by the indication of the fruits used, in descending order of weight of the raw materials implemented. However, for products manufactured from three fruits or more, the indication of the fruits used may be replaced by the words: «several fruits», a similar wording, or by the number of fruits used.
2. the labelling shall indicate of fruit with a reference content: "prepared with... g of fruit per 100 g" of finished product, where appropriate after deduction of the weight of water used in preparing the aqueous extracts.
3. labelling indication of total sugar by reference content: "total sugar content:... g per 100 g", the figure indicated representing the value of refractive index of the finished product determined at 20 ° C, with a tolerance of plus or minus 3 refractometric degrees.
However, this statement should not be indicated as a nutrition claim on the sugars listed on the labelling in accordance with the regulations in force.
4. the particulars referred to in point 2 and point 3, first paragraph, appear in the same Visual field as the sales denomination, in clearly visible characters.
5. when the residual sulphur dioxide content exceeds 10 mg/kg, its presence is mentioned in the list of ingredients.


Done at Paris, on 29 March 2004.
Jean-Pierre Raffarin by the Prime Minister: the Minister of economy, finance and industry Francis Mer the keeper of the seals, Minister of justice, Dominique Perben the Minister of health, family and disabled persons, Jean-François Mattei the Minister of agriculture, food, from fishing and Rural Affairs Hervé Gaymard the Secretary of State for small and medium-sized enterprises trade, crafts, professions, and consumption, Renaud Dutreil

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