Key Benefits:
Prime Minister,
On the report of the Minister of Economy, Finance and Industry,
In view of Directive 2000 /36/EC of Parliament and of the Council of 23 June 2000 Relating to cocoa and chocolate products intended for human consumption;
In view of the code of consumption, in particular Articles L. 214-1, L. 214-2 and R. 112-1 to R. 112-33;
Having regard to Decree No. 76-692 of 13 July 1976, as amended The application of the Act of 1 August 1905 on the suppression of fraud in the sale of goods and falsifications of foodstuffs, in respect of cocoa and chocolate products intended for human consumption;
Decree No 2003-586 of 30 June 2003 for the application of Article L. 214-1 of the Code of Consumption with respect to certain sugars intended for human consumption;
In view of the opinion of the French Food Safety Agency dated 25 April 2002;
The Council of State (Finance Section) heard,
Describes:
The second paragraph of Article 1 of the Decree of 13 July 1976 is replaced by a paragraph worded as follows:
" These products are defined in the A of Annex I to this Decree. "
The first two paragraphs of section 3 of the Order are replaced by the following:
" The names listed in the A of Annex I shall be reserved for the products defined therein and shall be used in trade to designate them.
Sales names "chocolate," milk chocolate and " chocolate of cover provided for in Annex I may be supplemented by references or qualifiers relating to quality criteria, provided that the products contain:
1 ° In the case of chocolate: at least 43 % of total dry matter of cocoa, of which at least 26 % cocoa butter;
2 ° In the case of milk chocolate: At least 30 % of total dry matter of cocoa and at least 18 % dry matter of milk from whole or partial dehydration of whole milk, partly or totally skimmed milk, cream, partially or totally cream Dehydrated, butter or milk fat, including at least 4.5 % milk fat;
3 ° In the case of cover chocolate: At least 16 % dry cocoa.
Where the products defined in 3, 4, 5, 6, 7 and 10 of the A of Annex I are sold in sets, their sales names may be replaced by the names "assorted chocolates or" chocolates Assorted ants or similar names. In this case, a single list of ingredients is allowed for all the products that make up the assortment. "
The last paragraph of section 4 of the Order is deleted.
Section 5 of the Order is replaced by the following:
" Art. 5. -Vegetable fats other than cocoa butter defined and listed in Annex II may be added in chocolate products defined in 3, 4, 5, 6, 8 and 9 of the A of Annex I. This addition may not exceed 5 % of the finished product, After deduction of the total weight of any other edible material used in accordance with Part B of Annex I, without reducing the minimum cocoa butter or total dry cocoa content. "
Section 6 of the Order is replaced by the following:
" Article 6. -Chocolate products which, by virtue of Article 5, contain vegetable fats other than cocoa butter may be marketed, provided that their labelling, as provided for in Article 7, is supplemented by the reference Which draws attention and clearly legible: " Contains vegetable fats in addition to cocoa butter. This statement appears in the same visual field as the list of ingredients, in a very distinct way compared to that list, and appears, in the vicinity of the sales denomination, in bold characters at least as large as those of that name. Denomination. The sales name may also appear in another location without the requirement of the previous reference. "
Section 7 of the Order is replaced by the following:
" Art. 7. -The provisions of Chapter II of Title I of the book Ier of the Consumer Code (Regulatory Party) concerning the labelling and presentation of foodstuffs shall apply to the products defined in Annex I, in all its Provisions which are not contrary to this Decree.
The labelling of cocoa and chocolate products defined in c and d of 2 and 3, 4, 5, 8 and 9 of the A of Annex I shall indicate the total dry matter content of cocoa by the words " Cocoa: Minimum %.
For the products listed in b of 2 of A of Annex I and in the second part of the sentence set out in d of 2 of A of Annex I, the labelling indicates the content of cocoa butter. "
Sections 8 to 12 of the Order are repealed.
The schedule to the Order is replaced by Schedules I and II to this Order.
The provisions of this Decree shall enter into force on 3 August 2003.
However, products complying with the provisions of the Decree of 13 July 1976 referred to above, and which are labelled before On August 3, 2003, may be marketed until Inventory depletion.
The Minister of Justice, the Minister of Economy, Finance and Industry, the Minister of Health, The Minister of Agriculture, Food, Fisheries and Rural Affairs and the Secretary of State for Small and Medium-Sized Enterprises, Trade, Crafts, the Professions and the Liberal Professions Consumption shall be responsible for the execution of this Decree, each of which shall be published in the Official Journal of the French Republic.
A N N E X E I
SALES NAME, DEFINITIONS
AND PRODUCT CHARACTERISTICS
A. -Sales Names and Definitions
1. Cocoa butter:
The fat obtained from cocoa beans or parts of cocoa beans that meets the following characteristics:
-free fatty acid content (expressed as oleic acid): not more than 1.75 %;
-insaponifiable (petroleum ether determined): not more than 0.5 %, except in the case of pressure cocoa butter for which it will not exceed 0.35 %.
2. (a) Cocoa powder, cocoa:
The product obtained by the powder processing of cocoa beans cleaned, peeled and roasted, and containing no less than 20 % cocoa butter, calculated according to the weight of the dry matter, and No more than 9 % water.
b) lean cocoa powder, lean cocoa, high-fat cocoa powder, high-fat cocoa:
Designates cocoa powder with cocoa butter content, calculated on the basis of dry matter weight, is Less than 20 %.
(c) Powdered chocolate:
Designates the product consisting of a mixture of cocoa powder and sugars containing not less than 32 % cocoa powder.
d) Powdered household chocolate, sweet cocoa, cocoa powder sweet:
Designates the product consisting of a mixture Cocoa powder and sugars containing no less than 25 % cocoa powder; these names are supplemented by the words' Lean " Or " Strongly reduced " When the product is lean or highly degreased as defined in point b.
3. Chocolate:
(a) Designates the product obtained from cocoa products and sugars containing, subject to point b, not less than 35 % of total dry matter of cocoa, of which not less than 18 % cocoa butter and not less than 14 % dry cocoa
b) However, if this name is complemented by the following terms:
- " Vermicelle " Or " Flakes " : the product presented in the form of granules or flakes shall contain not less than 32 % of the total dry matter of cocoa, of which not less than 12 % cocoa butter and not less than 14 % dry cocoa degreased;
- " Coverage " : the product must contain no less than 35 % of the total dry matter of cocoa, of which not less than 31 % cocoa butter and not less than 2.5 % dry cocoa fat;
- " Gianduja hazelnuts " (or one of the derivatives of the word: Gianduja ") : the product must be obtained, in the first place, from chocolate with a minimum dry cocoa content of 32 %, of which a minimum of 8 % dry cocoa is defatted, and, in the second place, of finely ground hazelnuts, in proportion such as 100 grams of product does not contain more than 40 grams and no less than 20 grams of hazelnuts. May be added:
(a) Milk and/or milk dry matter resulting from the evaporation of milk, in a proportion such that the finished product contains no more than 5 % milk dry matter;
(b) Almonds, hazelnuts and Other varieties of nuts, whole or in pieces, in a proportion such that the weight of these additions, added to that of the crushed hazelnuts, does not exceed 60 % of the total weight of the product.
4. Milk chocolate:
(a) Designates the product obtained from cocoa products, sugars and milk or milk products and contains, subject to point b:
-not less than 25 % of total dry matter of cocoa;
-not less than 14 % dry matter of milk from whole or partial dehydration of whole milk, partly or totally skimmed milk, cream, partially cream Or totally dehydrated, butter or milk fat;
-not less than 2.5 % dry cocoa fat;
-not less than 3.5 % lactic fat;
-not less than 25 % of total fat content (from cocoa butter Or milk fat).
(b) However, if this name is supplemented by the Terms:
- " Vermicelle " Or " Flakes " : the product presented in the form of granules or flakes must contain no less than 20 % of total dry matter of cocoa, not less than 12 % dry matter of milk from whole or partial dehydration of whole milk, milk Partially or totally skimmed, cream, partially or totally dehydrated, butter or milk fat, and not less than 12 % of total fat (cocoa butter and milk fat);
- " Coverage " : the product must have a minimum fat content of 31 % (cocoa butter and milk fat);
- " Gianduja hazelnuts " (or one of the derivatives of the word: Gianduja ") : the product must be obtained, first, from milk chocolate where the minimum dry milk content of milk is 10 %, from the partial or total dehydration of whole milk, partly or totally skimmed milk, Cream, partially or totally dehydrated cream, butter or milk fat, and, in the second place, finely ground hazelnuts, in proportion such that 100 grams of product contain not more than 40 grams and not less than 15 grams Of hazelnuts. In addition, almonds, hazelnuts and other varieties of nuts, whole or in pieces, may be added in a proportion such that the weight of these additions, added to that of the crushed hazelnuts, does not exceed 60 % of the total weight of the Product.
(c) Where, in this name, the words: " Milk " Are replaced by:
- " Cream " : the product must have a minimum milk fat content of 5.5 %;
- " Skimmed milk " : the product must have a milk fat content that does not exceed 1 %.
5. Milk household chocolate:
Designates the product obtained from cocoa products, sugars and milk or milk products containing:
-not less than 20 % of total dry matter of cocoa;
-not less than 20 % dry matter of milk from whole or partial dehydration of whole milk, partly or totally skimmed milk, cream, partially cream Or totally dehydrated, butter or milk fat;
-not less than 2.5 % dry cocoa fat;
-not less than 5 % lactic fat;
-not less than 25 % of total fat (cocoa butter and matter Lactic fat).
6. White chocolate:
Designates the product obtained from cocoa butter, milk or milk products and sugars containing no less than 20 % cocoa butter and not less than 14 % dry matter of milk from partial dehydration or Total of whole milk, partially or totally skimmed milk, cream, partially or totally dehydrated cream, butter or milk fat, of which not less than 3.5 % of milk fat.
7. Forked Chocolate:
The forked product for which the outer part consists of one of the products defined in points 3, 4, 5 and 6. The name does not apply to products whose interior is made up of bakery, pastry, biscuit or consumer ice products.
The outer part made of chocolate of the products bearing this Name does not represent less than 25 % of the total product weight.
8. Chocolate has the taza:
Designate the product obtained from cocoa products, sugars and flour or wheat starch, rice or maize containing no less than 35 % of total dry matter of cocoa, of which no less than 18 % cocoa butter and Not less than 14 % dry cocoa and not more than 8 % of flour or starch.
9. Chocolate familiar to the taza:
Designate the product obtained from cocoa products, sugars and flour or starch of wheat, rice or maize containing no less than 30 % of total dry matter of cocoa, of which not less than 18 % Cocoa and not less than 12 % dry cocoa and not more than 18 % of flour or starch.
10. Chocolate or praline candy:
Designates the product of the size of a bite, consisting of:
-Forked chocolate;
-either a single chocolate or a juxtaposition or a mixture of chocolate within the meaning of the points 3, 4, 5 or 6 and other edible materials, provided that the chocolate does not represent less than 25 % of the total weight of the product.
B. -Authorized Optional Ingredients
Edible Materials Additions
1. Without prejudice to the provisions of Articles 5 and 6 and Part B, point 2, other edible materials may also be added to chocolate products defined in Part A, points 3, 4, 5, 6, 8 and 9.
However, the addition:
-animal fats and their preparations not derived exclusively from milk is prohibited;
-pellet or powdered meal and starch is only permitted where it conforms to the definitions in Part A, Points 8 and 9.
The quantity of these edible substances added, reported to the total weight of the finished product, must not exceed 40 %.
2. Only flavourings that do not mimic the natural flavour of chocolate or milk fat Be added to the products defined in Part A, points 2, 3, 4, 5, 6, 8 and 9.
C. -Calculation of percentages
The minimum contents of the products set out in Part A, points 3, 4, 5, 6, 8 and 9 shall be calculated after deducting the weight of the ingredients referred to in Part B. In the case of products defined in Part A, points 7 and 10, the minimum contents are calculated after deduction of the weight of the ingredients referred to in Part B and the weight of the feed.
In the case of the products defined in part A, points 7 and 10, the chocolate contents are Calculated relative to the total weight of the finished product, including forage.
D. -Sugars
Sugars covered by this Decree shall not be limited to the sugars covered by Decree No 2003-586 of 30 June 2003 taken for the purposes of Article L. 214-1 of the Consumer Code in respect of Certain sugars intended for human consumption.
A N N E X E I I
VEGETABLE GRASSES REFERRED TO IN ARTICLE 5
The vegetable fats referred to in Article 5 are, either alone or in Mixture, cocoa butter equivalents and must meet the following criteria:
a) These are non-lauric vegetable fats, which are rich in mono-unsaturated symmetric triglycerides of the type POP, POSt and StOSt (1);
b) They are in any proportion miscible with cocoa butter and compatible with its Physical properties (melting point and crystallization temperature, melting rate, need for tempering);
(c) They are obtained only by refining and/or fractionation, which excludes modification of the structure of the triglyceride Enzymatic.
In accordance with these criteria, fat The following plants, obtained from the plants listed below, can be used:
You can view the table in OJ
No 176, 01/08/2003, page 13146 to 13149
By Notwithstanding the above, the use of copra oil is permitted in chocolate used in the manufacture of ice cream and similar ice products.
Done at Paris, July 29, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Finance and Industry Minister
Francis Mer
The Seals Guard, Minister of Justice,
Dominique Perben
The Minister of Health,
family and people with disabilities,
Jean-François Mattei
The Minister of Agriculture, Food,
Fisheries and Rural Affairs,
Hervé Gaymard
The Secretary of State
aux Small and medium-sized enterprises,
for business, to Craft,
to liberal professions
and consumption,
Renaud Dutreil
