Key Benefits:
The Prime Minister,
On the Minister's report The economy, finance and industry,
In view of the amended Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down an information procedure in the field of standards and Technical regulations and rules on the services of the information society, together with notification n 2004 /26/F of 30 January 2004 addressed to the Commission of the European Communities;
Given the code of consumption, and In particular its Articles L. 214-1 and L. 214-2;
In view of the decree of 15 April 1912 amended for the application of the law of 1 August 1905 on the suppression of fraud in the sale of goods and falsifications of foodstuffs in this respect Which relates to foodstuffs and especially meat, products of the charcuterie, Fruit, vegetables, fish and canned;
In light of Decree No. 88-1207 of 30 December 1988 applying the Act of 1 August 1905, as amended, on fraud and falsification of products or services in respect of vinegars, Amended by Decree No. 89-674 of 18 September 1989 on additives which may be used in foodstuffs intended for human consumption;
Having regard to Decree No. 91-366 of 11 April 1991 on flavourings intended for use in foodstuffs Foodstuffs, as amended by decrees n 92-814 of 17 August 1992, n 99-242 of 26 March 1999 and n 2001-725 of 31 July 2001;
In light of Decree No. 2001-725 of 31 July 2001 on technological auxiliaries for use in the manufacture of foodstuffs intended for human consumption, as amended by Decree No. 2004-187 of 26 February 2001 2004;
In view of the opinion of the French Food Safety Agency dated 30 January 2002;
The Council of State (Finance Section) heard,
Describes:
Section 4 of the Order is replaced by the following:
" Art. 4. -Acettobacters used in the manufacture of vinegar are fed, in quantity strictly necessary to achieve the desired effect, by:
" 1. Organic substances such as malt preparations, glucose syrup, starch;
" 2. Inorganic substances authorised by inter-ministerial order under the conditions laid down in Article 1 of the Decree of 15 April 1912 amended for the application of the law of 1 August 1905 on the suppression of fraud in the sale of Goods and falsifications of foodstuffs in respect of foodstuffs and especially meat, products of charcuterie, fruit, vegetables, fish and canned goods. "
After item 4 of the Order, are inserted sections 4-1, 4-2, 4-3 and 4-4 thus written:
" Article 4-1. -Technological auxiliaries whose employment is authorised by Decree n 2001-725 of 31 July 2001 on technological auxiliaries that may be employed in the manufacture of foodstuffs intended for human consumption may be used In the manufacture of vinegars.
" Article 4-2. -Only can be added to vinegars:
" 1. Natural flavouring substances and flavouring substances identical to natural flavouring substances, as defined in Articles 4 and 5 of Decree No. 91-366 of 11 April 1991 on flavourings intended for use in foodstuffs Food, in the amount needed to give them distinctive flavours;
" 2. Sugar, salt, honey and flavouring, such as aromatic plants, spices, natural or concentrated fruit juices, in such proportions that the product meets the definition of vinegar in respect of the expected residual alcohol content The second and third paragraphs of Article 2 and the acetic content provided for in the first and second subparagraphs of Article 3. "
" Article 4-3. -No person shall use the following substances for the manufacture of vinegars:
" 1. Artificial flavouring substances defined in Article 6 of Decree No. 91-366 of 11 April 1991 on flavourings intended for use in foodstuffs;
" 2. Artificial or natural grape seed oils;
" 3. Distillation bottoms, fermentation residues and drifting products;
" 4. Marc Extracts of all kinds;
" 5. Acids of all kinds, except those naturally contained in the permitted raw materials or in substances whose addition is allowed.
" Article 4-4. -It is forbidden to use the name " vinegar to designate a product consisting of a mixture of vinegar and acetic acid of food quality. "
After item 7 of the same order, an article 7-1 reads as follows:
" Art. 7-1. -Vinegars lawfully manufactured or marketed and in accordance with fair practices in another Member State of the European Community or party to the agreement on the European Economic Area may be marketed on French territory. "
The title of the decree of 30 December 1988 is replaced by the following title:
" Decree No. 88-1207 of 30 December 1988 on the application of Article L. 214-1 of the Consumer Code with regard to vinegars. "
The Minister of Solidarity, Health and Family Affairs, the Minister of Justice, the Minister of Justice, the Minister of Economy, Finance and Industry, The Minister for Agriculture, Food, Fishing and Rural Affairs and the Minister for Small and Medium Enterprises, Trade, Handicrafts, Professions and Consumer Affairs shall each be responsible for The execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, May 19, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
Finance and Industry Minister
Thierry Breton
The Minister of Solidarity,
de la santé et de la famille,
Philippe Douste-Blazy
Le Minister of Justice,
Dominique Perben
Minister of Agriculture, Food,
de la pêche et de la ruralité,
Dominique Bussereau
The Minister of Small and Medium Sized Businesses,
for commerce, crafts,
and consumer professions,
Christian Jacob