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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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Abstract

Art Modification. 2 to 6 and the annex to the above decree and the removal of art. 8. Partially repealed text: art. 9 and 10.

Keywords

ECONOMY, AGRICULTURE, FOOD, FOOD , CONSUMPTION, CONSUMER PROTECTION, HUMAN FOOD, FRUIT, FOOD ADDITIVE , JAM, JELLY, MARMALADE, TRANSPOSITION OF DIRECTIVE, EUROPEAN HARMONISATION



JORF No. 77 of March 31 2004 page 6205
text n ° 46



Decree n ° 2004-314 of 29 March 2004 amending Decree No 85-872 of 14 August 1985 implementing the Act of 1 August 1905 on fraud and falsifications in respect of products and services in respect of jams, jellies and marmalades of fruit and other products Similar

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


The Prime Minister,
On the report of the Minister of Economy, Finance and Of the industry,
Having regard to Council Directive 2001 /113/EC of 20 December 2001 on fruit jams, jellies and marmalades, as well as to the cream of chestnuts, intended for human consumption;
Given the code of consumption, in particular its Articles L. 214-1, L. 214-2 and R. 112-1 to R. 112-33;
In light of Decree No. 85-872 of 14 August 1985 on the application of the Act of 1 August 1905 on fraud and falsification of products and services in respect of jams, Fruit jellies and marmalades and other similar products, as amended by Decree No. 89-674 of 18 September 1989, No. 91-1097 of 13 September 1991 and No. 97-298 of 27 March 1997;
In light of Decree No. 89-674 of 18 September 1989 on additives Which can be used in foodstuffs intended for human consumption;
In light of Decree No. 93-1130 of 27 September 1993 concerning the labelling of nutritional qualities of foodstuffs;
In the opinion of the French Agency for Food safety as of February 7, 2003;
The Conseil d' Etat (Finance Section) heard,

Clipping:

Article 1 Learn more about This article ...


Article 1 of the decree of 14 August 1985 is amended as follows:
1 ° In the second subparagraph, after the word: Cucumbers " shall be inserted as follows: , melons, watermelons ".
2 ° This paragraph is added as follows:
" The provisions of this Order do not apply to products intended for the manufacture of fine bakery products, pastries and biscuits. "

Item 2 Read more about this Article ...


In the second paragraph of Article 2 of the same decree, the words: " European Economic Community " Are replaced by the words: " European Community ".

Article 3 Learn more about this Article ...


Article 3 of the same decree adds a paragraph to read:
" However, the names appearing in Title I of the Annex may be used on a supplementary basis and in accordance with the uses for designating other products which may not be confused with those defined in Title I of the Annex. "

Item 4 More about 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 partially or totally replaced by sweeteners ".

Article 5 Learn more about this Item ...


Section 5 of the Order is replaced by the following:
" Art. 5. -The products defined in Title I of the Annex shall be prepared from the raw materials in accordance with 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 concerning additives which may be used in foodstuffs intended for human consumption. "

Article 6 Learn more about this Item ...


Section 6 of the Order is replaced by the following:
" Art. 6. -A decree of the ministers responsible for consumption, agriculture and health, on the advice of the French Food Safety Agency, lays down the criteria for purity of the raw materials and added substances Respectively in Titles II and III of the Annex. "

Article 7 Read more about this Item ...


Section 8 of the Order is deleted.

Item 8 Read more about this Section ...


The schedule to the Order is replaced by the schedule to this Order.

Item 9 Read more about this Item ...


Products " Cream of other nuts "," Prune cream "," Petal confit "," Confit of candied fruit " And " Bearing fruit ", referred to in paragraphs 7 to 11 of Title I of the Annex, lawfully manufactured or marketed and in accordance with fair use in the other Member States of the European Union or Parties to the Agreement on the European Economic Area, may Be marketed in French territory.
However, for such products, it is prohibited to use any of the names provided for in the heading of the Annex to designate a product which is so different from the point of view of its composition or Manufacture, of the product as defined in this Annex, that it cannot be regarded as belonging to the same category of products.

Article 10 Read more about this Article ...


Products complying with the provisions of the Decree of 14 August 1985 in its drafting prior to this Decree, which are labelled before 12 July 2004, may be marketed until the Stocks.

Item 11
The Minister of Justice, the Minister of Economy, Finance and Industry, the Minister of Health, Family and Disability, the Minister of Agriculture, Food, fishing and rural affairs and the Secretary of State for small and medium-sized enterprises, trade, crafts, the professions and consumption are each responsible for the implementation of the This Order, which will be published in the Official Journal of the French Republic.

Annex


A N N E X E
TITLE Ier
NAMES, PRODUCT DESCRIPTIONS
AND DEFINITIONS
I. -Definitions


1. The " Jam " Is the mixture, brought to the appropriate gel consistency of sugars, pulp and/or purée of one or more species of fruit and water. Citrus jam may, however, be obtained from whole fruit, cut into slats and/or slices.
The quantity of pulp and/or purée used in the manufacture of 1000 grams of finished product is not less than:
350 Grams in general;
250 grams for currants, sorbs, sea buckthorn fruits, blackcurrants, cynorhodons and coings;
150 grams in case of ginger;
160 grams for anacardes;
60 grams in case of ginger Passion fruit.
2." Extra jam " Is the mixture, brought to the appropriate gel consistency, sugars, unconcentrated pulp of one or more species of fruit and water. However, extra cynorhodon jam and extra-free raspberry jam, blackberries, blackcurrants, blueberries and currants can be obtained entirely or partially from unconcentrated purée of these fruits. Extra citrus jam can be obtained from whole fruit, cut in slats and/or sliced.
The following fruit cannot be used in combination with other fruit for the manufacture of extra jam: apples, pears, Adherent core plums, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.
The amount of pulp used in the manufacture of 1000 grams of finished product is not less than:
450 grams in general;
350 grams in The case of currants, sorbes, fruit of the sea buckthorn, blackcurrant, cynorhodonations and coings;
250 grams for ginger;
230 grams for anacardes;
80 grams for passion fruit.
3. The " Jelly " Is the mixture, sufficiently gelled, of sugars and of the juice and/or aqueous extract of one or more species of fruit.
The quantity of juice and/or aqueous extract used for the manufacture of 1 000 grams of finished product is not less than The one fixed for making jam. These quantities are calculated after deduction of the weight of water used to prepare aqueous extracts.
4. However, in the case of " Extra ", the quantity of fruit juice and/or aqueous extract used for the manufacture of 1 000 grams of finished product is not less than that set for the manufacture of the extra jam. These quantities are calculated after deduction of the weight of water used for the preparation of aqueous extracts. The following fruit cannot be used in combination with other fruit for the manufacture of extra jelly: apples, pears, adhesions, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.
5. The " Marmelade " Is the mixture, brought to the proper gelling consistency, of water, sugars and one or more of the following products, obtained from citrus fruits: pulp, purée, juice, aqueous extract and bark.
The quantity of citrus fruit used in manufacturing 1 000 grams of finished product is not less than 200 grams, of which at least 75 grams are from the endocarp.
6. The name " Marmalade-jelly " Means the product free of all insoluble materials, excluding any small quantities of finely cut bark.
7. The " Chestnut cream " And " Cream of other nuts " Is the mixture, brought to the appropriate consistency, of water, sugars and purée of chestnuts or other nuts, in the sense of the cream of other nuts.
The quantity of chestnut purée used for the manufacture of 1000 grams of Finished product must be greater than or equal to 380 grams.
The quantity of nut purée used in the manufacture of 1000 grams of finished product must be greater than or equal to 380 grams.
8. The cream of prune is the mixture that is made by cooking to the appropriate consistency of sugars and purée of prunes. The quantity of prunes draught 23 % of the maximum humidity used in the manufacture of 1000 grams of finished product must be at least 400 grams.
9. The confit of petals is the mixture, carried by cooking to the appropriate consistency, sugars, flower petals and/or aqueous extract of flower petals such as jasmine, rose, violet. The quantity of petals and/or aqueous extract of petals used in the manufacture of 1000 grams of finished product must be 5 grams or more.
10. The confit of candied fruit is the mixture, made by cooking to the appropriate consistency, of sugars and candied fruit.
The quantity of candied fruit used in the manufacture of 1 000 grams of finished product must be greater than or equal to 450 grams.
11. Fruit grapes are the mixture, made by cooking to the appropriate consistency, of sugars, grapes or grape juice added or not of fruit or fruit juice other than grapes.
The quantity of fruit or fruit juice used for the Manufacturing 1,000 grams of finished product must be greater than or equal to 450 grams, including 250 grams of grape juice or grape juice.
II. -In the case of a mixture, the minimum levels set out in Part I for the different fruit species shall be reduced in proportion to the percentages used.


TITLE II


Products defined in the Title Ier may be added together with the following ingredients:
-honey as defined by the regulations on honey in all products in total or partial replacement of sugars;
-fruit juice: only in jam ;
-citrus juice: in products obtained from other fruit: only in jam, extra jam, jelly and extra jelly;
-red fruit juice: only in jam and extra jam made from Cynorhodons, strawberries, raspberries, mackerel, redcurrants, plums and rhubarb;
-red beet juice: only in jam and jelly made from strawberries, raspberries, mackerel, Redcurrants and plums;
-essential citrus oils: only in marmalades and jelly marmalades;
-edible oils and fats as anti-foaming agents: in all products;
-liquid pectin: in all products Products;
-citrus bark: in jam, extra jam, jelly and extra jelly;
-leaves of Pelargonium odoratissimum: in jam, extra jam, jelly and extra jelly, when obtained from Coings;
-liquor, wine and liqueur wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts: in all products;
-vanillin: in all products.


TITLE III
A. -Definitions


For the purposes of this Order, the following definitions apply.
1. Fruit:
The fresh, healthy fruit, free of any alteration, deprived of any of its essential components and reached the appropriate degree of maturity, after cleaning, trimming and ripping;
These same characteristics are required for the products As defined in the second paragraph of Article 1 of this Decree;
The term " Ginger " Refers to the edible roots of the ginger plant in a preserved or fresh state;
The term " Brown " Refers to the fruit of chestnut (Castanea sativa); by " Other nuts " Include almond (Prunus amygdalus L), coconut (Cocos nucifera L), walnut (Juglans regia L), pistachio (Pistacia versa L), anacardium (Anacardium occidentale).
The term " Prune " Means dried prunes (Prunus domestica L) that meet the requirements of the current regulations.
2. Pulpe (of fruit):
The edible portion of the whole fruit, possibly peeled or nurtured, this edible portion Can be cut into pieces or crushed, but not reduced to purée.
3. Purée (of fruit):
The edible portion of the whole fruit, peeled or nurtured if necessary, this edible portion being reduced to purée by sieving or similar process.
4. Aqueous extract (of fruits):
The aqueous extract of fruits which, subject to the inevitable losses according to good manufacturing practices, contains all the water-soluble constituents of the fruits used.
5. Flower petals:
Petals of edible flowers, healthy, free from tampering, cleaned, trimmed, dried for petal confits.
6. Aqueous extracts of flower petals:
Aqueous extracts of flower petals which, subject to the inevitable losses according to good manufacturing practices, contain all the soluble constituents in the water of flower petals Used.
7. Citrus Ecorces:
Citrus bark, cleaned and free of the endocarp.
8. Sugars:
Authorized sugars are:
1. Sugars as defined by the regulations in force;
2. Fructose syrup;
3. The sugars extracted from fruit;
4. Roux/brown sugar.


B. -Raw Materials Processing


1. The products defined in part A, points 1, 2, 3 and 4, may undergo the following treatments:
-heat or cold treatments;
-lyophilization;
-concentration, to the extent that they are technically suitable;
-to The exception of raw materials used in the manufacture of products " Extra " : use of sulphur dioxide (E. 220) or its salts (E. 221, E. 222, E. 223, E. 224, E. 226 and E. 227) as manufacturing aid as long as the maximum sulphur dioxide content fixed by the regulations is not exceeded in the products defined in the I of the heading Ier.
2. Apricots and plums For making jam can also undergo dehydration treatments other than lyophilization.
3. Citrus bark can be stored in brine.
4. Ginger can be dried or preserved in syrup.


TITLE IV


Application of Chapter II of Title I of Book I of the Consumer Code (Regulatory Party) on labelling and The presentation of foodstuffs is subject to the following additional provisions:
1. The name is supplemented by the indication of the fruit (s) used, in descending order of the weight of the raw materials implemented. However, for products manufactured from three or more fruits, the indication of the fruits used may be replaced by the reference: " Several fruits ", by a similar notation or by the number of fruits used.
2. The labelling shall include the indication of the fruit content by the words: Prepared with ... grams of fruit for 100 grams " Of finished product, if applicable after deduction of the weight of water used for the preparation of aqueous extracts.
3. The labelling shall include an indication of the total sugar content as follows: Total sugar content: ... grams per 100 grams ", the indicated figure representing the refractometric value of the finished product, determined at 20 ° C, with a tolerance of plus or minus 3 degrees refractometric.
However, this statement Should not be indicated when a nutrition claim on sugars appears on the labelling according to the regulations in force.
4. The particulars referred to in point 2 and point 3, first paragraph, shall 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 listed on the list of ingredients.


Done at Paris, March 29, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Economy,

Finance and Industry,

Francis Mer

The Seal Guard, Minister of the Justice,

Dominique Perben

The Minister of Health, the

Family and People with Disabilities,

Jean-François Mattei

The Minister of Agriculture, Food,

Fisheries and Business Rural,

Hervé Gaymard

The secretary of state

to small and medium-sized enterprises,

to commerce, crafts,

to the liberal professions

and consumption,

Renaud Dutreil



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