Regulation On Butter And Other Milk Products

Original Language Title: Verordnung über Butter und andere Milchstreichfette

Read the untranslated law here: http://www.gesetze-im-internet.de/buttv_1997/BJNR014410997.html

Regulation on butter and other milk products (butter Regulation) ButtV 1997 copy date: 03.02.1997 full quotation: "butter Decree of 3 February 1997 (BGBl. I S. 144), most recently by article 20 of the Act of 25 July 2013 (BGBl. I S. 2722) has been changed" stand: last amended by article 20 G v. 25.7.2013 I 2722 for details on the stand number you find in the menu under instructions this regulation is according to the Directive 83/189/EEC of 28 March 1983 laying down a procedure in the field of technical standards and regulations (OJ EC No. L 109, p. 8), as last amended by Directive 94/10/EC of the European Parliament and of the Council of 23 March 1994 (OJ EC No. L 100, p. 30), have been notified.
Footnote (+++ text detection from: 8.2.1997 +++) (+++ official note of the standard authority on EC law: compliance with the EWGRL 189/83 (CELEX No.: 31983 L 0189) +++) the V 1 V v. 3.2.1997 was adopted as article I 144 by the Federal Ministry of food, agriculture and forestry and the Ministry of health in consultation with the federal ministries for health, economy, justice, for nutrition, agriculture and forestry, for the environment, nature conservation and Rekatorsicherheit and with the consent of the Federal Council. It is under article 7 clause 1 of this V mWv 8.2.1997 entered into force.
Section 1 General information section 1 scope of application (1) who find this regulation applied to butter, three quarter-fat butter, half-fat butter and milk prank fat X from the hundred (dairy spreads) within the meaning of part A of the appendix to annex XV of Regulation (EC) No 1234/2007 of of the Council 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ OJ L 299 of November 16, 2007, p. 1) in the currently valid version (hereinafter: EC Regulation).
(2) the rules for the manufacture, handling and the placing on the market of these products.

§ 1a definition dairy in this regulation is a milchwirtschaftliches company, that a year on average at least 500 litres milk or a thereof to be made appropriate amount of dairy products, or processed and the necessary technical facilities has.
Section 2 butter article 2 supplementary provisions may be placed butter only to produce (1) without prejudice to the provisions of the EC regulation, if it is manufactured in accordance with the provisions of paragraphs 2 and 3.
(2) butter should be done only as raw milk products, using only specific lactic acid bacteria to the acidification.
(3) butter, which is intended for sale to other consumers, must be made in accordance with the provisions of the part A of the annex of to EC Regulation No. 1.
(4) the food additive approval regulation are to apply.

§ 3 supplementary provisions must be taken to identify (1) without prejudice to the provisions of the EC Regulation butter only in the traffic, if she set is marked 1 and of paragraph 9 in accordance with paragraphs of 2 and 6 set 1 to 3, paragraph 7.
(2) the marking of butter in prepackages within the meaning of § 42 paragraph 1 of the measurement and calibration law, intended for sale to the consumer, must include 1 the name or the company and the address of the manufacturer, Packager or one in the territory of the European Union, or seller established in another Contracting State to the agreement on the European economic area, 2. the list of ingredients , except the milk ingredients necessary for the production of, lactic acid bacteria cultures and the lactic acid concentrate extracted from these created exclusively by effects of lactic acid bacteria on milk ingredients in accordance with §§ 5 and 6 of the food labeling regulations in connection with the note that it is only to other ingredients; Ingredients of the food labeling regulations Appendix 3 are always specify unless unless the sales designation of the food suggests the presence of the respective ingredient, 3. the date of minimum durability in accordance with § 7 of the food labeling regulations; the expiration date with the note "cooled" indicates it is to calculate on the basis of a reference temperature of 10 degrees C.
(3) the information referred to in paragraph 2 No. 1 and 2 can on prepackages, the largest single area is less than 10 qcm, accounts for.
(4) for the manner in which the identification referred to in paragraph 2, article 3, par. 3 and 4 of the food labeling regulations shall apply accordingly.
(5) paragraphs 2 and 4 do not apply to butter in prepackages that are produced and there, but not for self service, submitted in the sales outlet for timely delivery to the consumer.
(6) the labelling of butter which bulk or prepackaged is made under paragraph 5, must contain the date of minimum durability in accordance with § 7 of the food labeling regulations. Paragraph 2 No. 3 last half sentence shall apply mutatis mutandis. The marking is to make 1 in German language and clearly legible on the container where the butter is offered, or the prepackage within the meaning of the sentence. Can be done also in another easy-to-understand language, if this consumer information, is not affected. Sentence 1 shall not apply for butter, which is delivered unpacked in restaurants or equipment for public catering establishments for immediate consumption on the spot.
(7) and (8) (lapsed) (9) in butter, which is intended for sale to others as a consumer, the labelling must contain 1 as name the word "Butter", 2. the fat content in per cent (mass fraction) at the time of manufacture, 3. the additional "salted", when the butter contains more than 0.1 weight percentages of salt, 4. the name or the company and the address of the manufacturer, Packager or one in the territory of the European Union or in another Contracting State to the agreement on the European economic area established seller, 5. the date of minimum durability; Paragraph 2 No. 3 second half-sentence, shall apply mutatis mutandis.
Section 3 butter of the trading classes § 4 placing on the market for trading classes butter may be placed after trading classes within the meaning of sentence 2 only if it is made in accordance with article 5 and meets the quality requirements according to § 6. Trading classes are "German brand butter" and "German dairy butter".

§ 5 may manufacture (1) butter of the trading classes only directly from milk from cows or directly derived from this cream (cream) or whey cream (whey cream) are manufactured, according to a procedure set out in annex III, section IX, chapter II, part II No. 1 of Regulation (EC) No 853 / 2004 of the European Parliament and of the Council of 29 April 2004 with specific hygiene rules for food of animal origin (OJ EU no. L 139 pp. 55, no. L 226 p. 22) in the currently valid version is been pasteurised. After the procedure, the Peroxydasenachweis must be negative. Butter of the commercial class 'German brand butter' should be done either directly from pasteurized cream.
(2) of the commercial classes butter may produced using only water and salt, also, iodised table salt.
(3) butter of the trading classes must meet one of the following types of butter: 1 sour cream butter: butter, which is manufactured from microbial acidified milk, cream (cream) or whey cream (whey cream) and their pH-Wert in the serum 5.1 does not exceed;
2. Sweet Cream butter: butter, which is manufactured from non-acidified milk, cream (cream) or whey cream (whey cream), even after the production, no lactic acid bacteria cultures were used to and their pH-Wert in the serum of 6.4 does not fall below;
3. Mildgesäuerte butter: butter, which corresponds to the definition for sour cream butter, nor the sweet cream butter and their pH-Wert in the serum under 6.4 is located.
(4) sour cream butter and Mildgesäuerte butter can be used only by using of specific lactic acid bacteria cultures; In addition, a lactic acid concentrate obtained from this, produced solely by action of lactic acid bacteria on milk ingredients must be used with Mildgesäuerter butter.
(5) the food additive approval regulation are to apply.

Article 6 quality requirements (1) butter meets the requirements of the commercial class "German brand butter" if she 1 in a dairy has been established, which is entitled to use the title "German brand butter", for the butter made by you pursuant to section 8 and 2 for each which is rated No. 1 to 3 mentioned properties with at least four points in section 7, paragraph 3, sentence 2.
(2) butter meets the requirements of the commercial class "German dairy butter" if it has been created 1 in a dairy and 2 for each of Nos. 1 to 3 has been assessed properties with at least three points mentioned in section 7, paragraph 3, sentence 2.
(3) by way of derogation from paragraph 1 No. 2 and paragraph 2 No. 2 met butter which is intended for sale to others as a consumer, the requirements as commercial grade without assessment in section 7, paragraph 3, sentence 2 Spreadability referred to in no. 3.

Article 7 examination of commercial grade
(1) to monitor the quality of butter, which are referred to with the commercial class "German brand butter" should is monthly monitoring of the quality of butter, which is that the commercial class "German dairy butter", is the every two months one butter check referred to in the annex 1 provisions making. The producers are obliged in accordance with points 2 and 3 of Appendix 1 at his own expense the sampling and the shipping of samples.
(2) the supervision authority may extend the examination pursuant to paragraph 1 also checked for demoulding and wholesale businesses.
(3) the examination of the trade class is carried out in accordance with the paragraph 5 of Appendix 1. In this part are without prejudice to article 6 par. 3, following properties to check and evaluate: 1 the sensory characteristics of appearance, smell, taste and texture, 2. water distribution, 3. the Spreadability.
The pH-value in the serum is previously a laboratory examination shall determine.
(4) in addition, a random check of the quality of butter of a commercial class in dairies, demoulding places and the food trade is carried out.

§ 8 brands permission (1) permission to the guide of called "German brand butter" is granted by the competent national law on written request for each type of butter if at least three consecutive monthly tests according to § 7 paragraph 1 every butter sample meets requirements of § 5 par. 1 to 4 and § 6 para 1.
(2) the permission to the guide of called "German brand butter" shall be revoked, if to examine the requirements of § 5 par. 1 to 4 last 1 from the total number approved butter samples of a butter type of sender in three consecutive months or within the six months more than a third or article 6, paragraph 1 meets No. 2, 2. when assessing the butter pursuant to § 7 para 4 repeated complaints the butter be , which has caused the dairy, 3. not is followed the instructions of the inspection body within the scope of paragraph 2 of annex 1 or 4. of the total number of butter samples of a butter type of sender to allow more than two samples in six consecutive months one of the reasons referred to in section 4.2 of annex 1 to the examination or submitted regularly to the test according to section 7 or kept.
(3) the guide called "German brand butter" is granted permission to again, if 1 the circumstances that led to the withdrawal are turned off, and 2. the total number of butter samples of a butter type of a sender in two successive tests according to § 7 paragraph 1 meets the requirements of § 5 par. 1 to 4 and § 6 para 1 No. 2 again. These tests can be performed in consultation with the competent surveillance authority from another monitoring location.
(4) the permission to the guide of called "German brand butter" is void if 1 temporarily the manufacture of German brands butter is set and the test of first, manufactured after production butter that does not follow points required under § 6 para 1 No. 2 or 2. making the butter more than six months is set.
The setting of the production is immediately to inform the competent monitoring body.

§ 9 devaluation (1) meets the minimum requirements of the commercial class, so isn't butter due to a subsequent change to revalue them according to the criteria referred to in article 7, para. 3, and to classify according to the review as a "German dairy butter" or "Butter".
(2) the seller with the devaluation disagrees with a complaint, an expert appraiser will decide. Butter's experts are appointed by the competent according to national law.

§ 10 packing of butter of the commercial classes (1) butter of the trading classes may only so packed that the sensory properties of butter according to § 7 para 3 sentence 2 No. 1 are preserved.
(2) only those may be used to the packaging in butter wrappers for German brand butter, the Group B or C according to DIN 10082 Edition March 1996 *) match.
---*) To obtain at Beuth Verlag GmbH, 10772 Berlin.

§ 11 supplementary marking butter of the trading classes may be marketed only in the traffic, if the labelling without prejudice to the provisions of the EC regulation and article contains 3 para 2 to 6 and 9, the following information: 1 as a denomination) in the case of § 6 para 1, also in conjunction with paragraph 3, the term 'German brand butter' and b) in the case of article 6, paragraph 2 , in connection with paragraph 3, the term "German dairy butter", 2. the respective type of butter after article 5, para. 3, 3. in the case of butter, which is intended for sale to other consumers, "for sale to others as a consumer determines the specification".

§ 12 butter from other Member States (1) butter, which is manufactured in another Member State of the European Union, must be brought within the scope of this Regulation referred to as "Brand butter", also in conjunction with a note on the country of manufacture, only in the transport, if the butter the requirements of 1 production and quality to the articles 5 and 6 para 1 No. 2 and 2. labelling and packaging to the following paragraph 2 corresponds to.
(2) the labelling must contain the indication of the butter variety (§ 5 ABS. 3) without prejudice to the provisions of the EC regulation and article 3, paragraph 2. Packaging in butter wrappers, the provision of article 10, paragraph 2 shall apply mutatis mutandis.
(3) compliance with the requirements on the production according to § 5 is requested by the person who brings the butter on the market, to be proved by an official certificate of the competent authority of the country of manufacture according to the model of annex 2. The competent national law check the quality requirements according to § 6 para 1 No. 2 for the placing on the market within the scope of the regulation.

§ May be used for brand butter (1) for brand butter in accordance with paragraphs 2 to 4 13 label the below illustrated label. The mark consists of a stylized Eagle with oval outline. The outline includes the inscription: "Brand tested in Germany".
(Content: not viewable label, reference: Federal Law Gazette I, 1997, 147)
(2) for butter produced in the scope of this regulation, the mark must be carried only by a dairy, which has the brand permission according to § 8.
(3) the mark is allowed for butter within the meaning of § 12 of the manufactured dairy, when the dairy on written request by a competent according to national law after three consecutive monthly testing of butter has received a certificate under § 7 para 1 and 3 in conjunction with Appendix 1, according to which the butter meets the quality requirements according to § 6 para 1 No. 2.
(4) § 8 para 2 to 4 for revocation, re-granting and extinction of the inspection certificate shall apply accordingly.
(5) in the case of the use of the label referred to in paragraph 1 are on the packaging the words "official quality control of the country... To install SVE...".
Section 4 three quarter-fat butter, half-fat butter and milk spreadable fats X by the hundred § 14 supplementary production rules without prejudice to the provisions of the EC Regulation may in the manufacture of three quarter-fat butter, half-fat butter and dairy spreadable fats X per cent lactic acid bacteria cultures are used or a lactic acid concentrate obtained from this, 1 2 edible gelatine.

Section 15 supplementary labelling (1) without prejudice to the provisions of the EC regulation the products of three quarter-fat butter, half-fat butter and dairy spreadable fats X per cent only in the transport are allowed, if they in accordance with paragraph 2 sentence 1, paragraph 3 sentence 1 to 3 and of paragraphs 4 and 5 are marked.
(2) for the products of three quarter-fat butter, half-fat butter and dairy spreadable fats X per cent in prepackages within the meaning of § 42 paragraph 1 of the measurement and calibration law, intended for sale to the consumer, you are to attach information referred in section 3 para 2. The information according to § 3 para 2 Nos. 1 and 2 may when prepackages, the largest single area of qcm is less than 10, account for. For the manner of marking, article 3, par. 3 and 4 of the food labeling regulations shall apply accordingly.
(3) the marking of the products of three quarter-fat butter, half-fat butter and dairy spreadable fats X per cent, which bulk or prepackaged, be manufactured and there, but not for self service, submitted in the sales outlet for timely delivery to the consumer, must contain the expiration date pursuant to § 7 of the food labeling regulations. Section 3 para 2 No. 3 last half sentence shall apply mutatis mutandis. The marking is to make 1 in German language and clearly legible on the container in which butter is offered, or the prepackage within the meaning of the sentence. Section 3, paragraph 6, sentence 4 and 5 shall apply mutatis mutandis.
(4) in the case of the products of three quarter-fat butter, half-fat butter and milk spreadable fats X per cent, intended for sale to others as a consumer, the labelling must 1 as name the word "Three-quarter-fat butter" or "Half-fat butter", or the word "Milk spreadable fats" with the indication of the fat content in digits, and the characters '%' and 2. indicate which referred to in no. 2 to 5 in section 3 paragraph 9.
(5) for half-fat butter and dairy spreadable fats X per cent with a fat content of 50% by weight or less, a note to install that product for frying is not suitable is clearly legible and indelible on the packaging clearly visible.
Section 5 surveillance powers of the State authorities (1) final provisions § 16 is the compliance with the provisions of this regulation by the competent national law, monitoring compliance with the regulation on the butter examination established by them or responsible for monitoring bodies.
(2) the competent national law single or multiple States may agree that butter tests be performed together for their areas of responsibility and that the exercises be pursuant to § 7 para 4 also by federal States, who themselves make no butter tests.
(3) the provincial governments can determine by regulation according to § 12 of the milk and margarine Act, how the examination of the commercial class, as well as the procedure for the granting, withdrawal and re-granting the brand permission for producers, whose production quantity not exceeded 100 tons at one of the varieties of butter, by way of derogation from article 7, paragraph 1, § 8 ABS. 1 to 4, and number in the previous calendar year 2.2 of Appendix 1 are.

Section 17 is number 2 of milk and margarine Act offences (1) any person within the meaning of article 9, paragraph 2, who intentionally or negligently butter on the market brings 1. contrary to article 2, paragraph 1 or paragraph 4 sentence 1, used 2. violates article 10 par. 2 butter wrappers, 3. contrary to § 11 brings butter of the trading classes in the traffic, which is not or not in the prescribed manner , or 4 violates article 12 par. 1 brings butter from another Member State of the European Union.
(2) any person within the meaning of section 30, paragraph 1, no. 9 of the milk and fat law is who runs the label intentionally or negligently violates article 13 para 2.
(3) any person within the meaning of § 60 para 2 No. 26 letter (a) of the food and feed law book is who intentionally or negligently brings a there a product on the market contrary to article 3, paragraph 1 or article 15, paragraph 1, which is marked in the prescribed manner or not.

Article 18 transitional provision foods that do not meet the requirements of this regulation in the from November 13, 2004 at amended, may still to be marked to November 24, 2005, according to the force until November 12, 2004 regulations and even after 24 November 2005 until the need of stocks on the market.

Appendix 1 (§ 7 para 1 and 3, § 8 para 2) provisions for butter testing site of the original text: BGBl. I, 1997, 148-150;
regarding the individual changes cf. footnote 1 monitoring, review, expert 1.1 leading inspection body the monthly butter in accordance with these provisions by inspection. It can transmit butter verification of dairy research institution or an other expert research institution as a testing point; the provisions of the water content, pH, hardness and water distribution can be transferred separately.
The members of the section are sworn to secrecy.
1.2 the sensory tests SVE appoints experts each for a period of two years.
1.3 expert dairy economists, representatives of retailers, the dairy research institutions and consumer organisations as well as the labaratory responsible for the official control of foodstuffs can be appointed. The experts must the requirements in the official collection of investigation proceedings pursuant to § 35 of the food and supplies law of subject to *) (official collection) below outline number L 00.90 1 comply with those provisions.
2. retrieval, number, collection, shape and weight of samples 2.1 the producers from the current production of the day, when the retrieval is done by the monitoring authority or the agent, have properly to take samples of each produced butter.
The timing for the removal of individual samples is set so that the entire daily production is proportionally covered according to quantity and time. The timing of the withdrawal is not bound in the review month.
2.2 the producers have to send butter samples for each test on two polling days of each butter (§ 5 para. 3). The number of samples to be sending for each test arises from the output of the previous calendar year as follows: previous year production in tonnes/butter variety number of samples / butter variety up to 5,000 3 about 5,000 to 10,000 5 over 10,000 7 the monitoring or the authority commissioned may upon application to a significant reduction in oil production of a variety to sending samples to the production expected for the current year to reduce number.
2.3 the inspection body or the body commissioned the factory tells on the polling day how many of butter samples to send in are, where each polling day at least one sample of butter per holding is.
2.4 establishments that butter not daily or non-daily manufacture butter of each of butter, have every production day properly to take the samples per variety and to be kept.
2.5 each butter sample consists of a 2 kg cube with two halves of the same. For butter, which is intended for sale to consumers, the butter sample might consist of eight shaped and packaged pieces 250 g after approval by the monitoring body. It is the packaging material to use prescribed by the monitoring body and the document to attach filled out.
2.6 monitoring sampling can be done by a representative of the inspection body.
3. shipment of butter samples 3.1 the producers have to ensure that the butter does not exceed a temperature of 12 degrees C to the entrance at the testing centre.
3.2. the samples are on the polling day to the address specified by the monitoring body to send.
3.3 the cost of samples and shipping are to be borne by the participants.
4. incoming inspection and storage 4.1 when it arrives at the testing laboratory are the samples to register. There are in particular to check and record time of dispatch and of the input, - state the samples - - temperature.
In addition, the roadmaps are to check. The records are to be kept for the period of one year.
4.2 sample which as a result to which circumstances substantially impaired by transporting in their State by the manufacturer, are not admitted to the examinations and tests.
4.3 the butter samples are at 10 degrees C +-1 degree C to be stored properly. The observance of the prescribed temperature is continuously to prove.
5. carrying the examinations and tests 5.1 which are butter samples on 8, no later than the 10th day following polling on - the pH level in the serum according to the provisions referred to in the outline number L 04.00 13, May 1986, the ECR (DIN 10 349, August 1985 issue) *), – the coating ability according to the provisions referred to in the outline number L 04.00-14, February 1996, the ECR for the measurement of hardness (DIN 10 331 , Edition March 1996) *) on to sensory testing - the water content according to the provisions referred to in the outline number L 04.00 8, June 1992, the ECR (DIN 10 317, issue August 1991) *), - the water distribution according to the provisions referred to in the outline number L 04.00-9, May 1986, the ECR (DIN 10 311, August 1985 issue) *), - the content to nonfat milk solids with salted butter , arising from the investigation of in the outline number L 04.00 5 to 7, stand the non-fat dry after the February 1996, provisions referred to in the official collection (DIN EN ISO 3727, August 1995 edition) *), provisions referred minus the sodium chloride content of the outline number L 04.00-10, April 1981, the ECR (DIN 10 323, issue may, 1971) *) is to examine and evaluate.
Butter samples are on 14, but not later than the 21st day after polling on their sensory properties after the provisions referred the outline number L 04.00-12, June 1990, the ECR (DIN 10 455, issue April 1989) *) to examine and evaluate.
5.2 sample, in unsalted butter less than 82 weight percentages, with salted butter contains fat or more than 16 weight hundred parts water or with salted butter more than 2 parts by weight of one hundred non-fat milk solids less than 80 weight percentages or whose pH in the serum does not correspond to the specified type, are not admitted to the examination.
5.3 the water distribution is 0 to 5 points according to the comparison table under the provisions referred to in the outline number L 04.00-9, May 1986, the ECR (DIN 10 311, August 1985 issue) *) evaluated.
5.4 after the result of the examination of Spreadability in provisions for the measurement of hardness (DIN 10 331, March 1996 issue) referred the outline number L 04.00-14, February 1996, the ECR *) is valued as follows: cut in Newton rating up 0.81 to 1.00 0.80 = 5 points 4 points 1.01 to 1.20 = 3 points 1.21 up 1.50 = 2 points above 1.51 = 1 point 6 = other 6.1
The results of the investigation and the reviews of the audit results are immediately writing the companies.
6.2 to maintain a largely common assessment scale in the sensory tests an expert from another monitoring location to participate by the monitoring bodies in at least 2 exams within a calendar year each.
---*) To obtain at Beuth Verlag GmbH, 10772 Berlin.

Annex 2 (to article 12 par. 3) sample of certificate of brand butter site of the original text: Federal Law Gazette I 1997, 150;
(regarding the individual changes cf. footnote country:...)
Responsible Ministry:...
Issuing authority:...
Certificate of brand butter for...
(Company) to submit to an inspection according to § 12 ABS. 3 butter regulation the milchbe-/ manufacturing enterprises...
(Company)
Veterinary control number..., hereby certifies that the produced on his farm and for a placing on the market in the Federal Republic of Germany under the name 'Brand butter' butter complies with following characteristics: type of butter (please tick):... Sour cream butter... Sweet Cream butter... Mildly soured butter production: - directly from cream, which immediately; have been obtained from milk of cows and a pasteurization in the sense of the procedure in accordance with annex III, section IX, chapter II, part II No. 1 of Regulation (EC) No 853 / 2004 as amended by applicable subject the Peroxydasenachweis is negative;
-using exclusively by - specific lactic acid bacteria cultures; When mild acidified butter Alternatively a from this won lactic acid concentrate produced solely by the action of lactic acid bacteria on milk ingredients;
-Water and salt, also, iodised table salt, and - E 160 a beta carotene.
................................. ...............................
(Place, date) (Signature, stamp)