Key Benefits:
Decision of 25 October 1994, containing the 'Dairy Act' Decision
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Welfare, Public Health and Culture of 11 May 1994, No DGVgz/VVP/L 94916, done in accordance with our Minister for Economic Affairs and the State Secretary for Agriculture, Nature Management and Fisheries;
Having regard to Regulation (EEC) No 1411/71 of the Council of 29 June 1971 laying down additional rules on the common organization of the market in milk and milk products in respect of milk intended for human consumption ( PbEG L 148);
On Regulation (EEC) No 1898/87 of the Council of 2 July 1987 on the protection of the name of milk and milk products when marketing ( PbEG L 182);
On Directive No 76 /118/EEC of the Council of the European Communities of 18 December 1975 on the approximation of the laws of the Member States relating to certain wholly or partly dehydrated preserved milk for human consumption ( PbEG L 24);
On Directive No 79 /1067/EEC -of the Commission of the European Communities of 13 November 1979 laying down Community methods of analysis-methods for the control of certain partly or wholly dehydrated preserved milk for human consumption ( PbEG L 327);
On Directive No 83 /417/EEC -of the Council of 25 July 1983 on the approximation of the laws of the Member States relating to certain milk proteins intended for human consumption (caseins and caseinates) ( PbEG L 237);
On Directive No 85 /503/EEC of the Commission of 25 October 1985 on methods of analysis concerning caseins and caseinates intended for human consumption ( PbEG L 308);
On Directive No 92 /46/EEC to the Council of the European Communities of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ( PbEG L 268);
On Directive No 92 /47/EEC Council of the European Communities of 16 June 1992 laying down rules for the granting of temporary and limited derogations from specific Community health rules for the production and marketing of the placing of milk and milk-based products ( PbEG L 268);
on Article II of the Act of Amendment 1988 Warenwet jo. The Articles 14 , 14 A , 15 , 16 and 16 A of the Warenwet ( Stb. 1935, 793);
as well as Article 1 (4) , Article 4, first paragraph , Article 5, first paragraph, points (a) and (b) and (sixth) , Article 6 (d) , Article 8 (a, b, c and d) , Article 9 (b) , and the Articles 12 , 13 and 14 of the Warenwet ( Stb. 1988, 360);
Having regard to the opinion of the Advisory Committee on Warsaw Act of 8 April 1994 with number 14 721 /( 21) 5;
The Council of State heard (opinion delivered on 1 August 1994, no. W13.94.0306);
Having regard to the detailed report by our Minister for Health, Welfare and Sport of 14 October 1994 with number DGVgz/VVP/L 942092, expressed in accordance with Our Ministers for Economic Affairs and of Agriculture, Nature Management and Fisheries;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Directive 2001 /114/EC : Council Directive of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk (PbEG 2002, L 15);
b. Directive 79 /1067/EEC : Directive No 79 /1067/EEC -of the Commission of the European Communities of 13 November 1979 laying down Community methods of analysis-methods for the control of certain partly or wholly dehydrated preserved milk for human consumption ( PbEG L 327);
c. Directive 83 /417/EEC : Directive No 83 /417/EEC -of the Council of 25 July 1983 on the approximation of the laws of the Member States relating to certain milk proteins intended for human consumption (caseins and caseinates) ( PbEG L 237);
ed. Directive 85 /503/EEC : Directive No 85 /503/EEC of the Commission of 25 October 1985 on methods of analysis concerning caseins and caseinates intended for human consumption ( PbEG L 308);
e. Directive 92 /46/EEC : Directive No 92 /46/EEC to the Council of the European Communities of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ( PbEG L 268);
f. Directive 92 /47/EEC : Directive No 92 /47/EEC Council of the European Communities of 16 June 1992 laying down rules for the granting of temporary and limited derogations from specific Community health rules for the production and marketing of the placing of milk and milk-based products ( PbEG L 268);
g. Cow's milk : the product obtained by the milking of one or more cows, without adding or removing substances;
h. raw milk : milk separated by the milk-winch of one or more cows, ewes, goats or buffaloes, which has not been heated to above 40 °C and has not undergone any treatment with an equivalent effect;
i. Thermisation : heating raw milk to a temperature of between 57 °C and 68 °C, so that after this treatment the milk will continue to respond positively to the phosphatase test;
j. heat treatment : any treatment by heating which, immediately after its application, results in a negative reaction to the phosphatase test;
k. Milk intended for the manufacture of milk-based products :
1 °. raw milk intended for processing;
2 °. liquid or frozen milk, obtained from raw milk, whether or not subject to an authorized physical treatment, such as heat treatment or thermisation, of which the composition of the product has or has not been modified, provided that this amendment is limited continue to add or extract natural milk constituents;
l. Heat-treated drinking milk :
1 °. for sale to a final consumer and to institutions intended for drinking milk obtained from raw milk by heat treatment and presented as pasteurised milk, UHT milk, sterilized milk or high pasteurised milk;
2 °. milk treated by pasteurisation for bulk sale at the request of the individual final consumer;
m. Milk-based products :
1 °. milk products, that is to say products obtained exclusively from raw milk, except that substances which are necessary for their production may be added, provided that these substances are not used for the whole or the whole of the product. partial replacement of one of the ingredients of the milk;
2 °. composite milk products, that is to say, products of which no element is in the place of a milk constituent or intended to be in place and of which the milk or a milk product is an essential component, or by the quantity, or because the effect is characteristic of these products;
n. Microorganisms of yoghurt-culture : micro-organisms of the species Lactobacillus del-brueckii ssp. Bulgaricus and Streptococcus thermophilus;
o. Stresa Convention -the international agreement on the use of designations of origin and designations of origin, established at Stresa on 1 June 1951 ( Trb. 1952, 61)
P. cheese standards International cheese standards, drawn up:
1. in the framework of the FAO/WHO Code of Principles concerning Milk and Milk Products; or
2 °, pursuant to the Stresa Convention;
Indicate in Annex II ;
q. Dairy farmer : the person who holds business dairy cows, for their own account or for the account of others;
r. Regulation (EC) No 1333/2008: Regulation (EC) 1333/2008 of the European Parliament and of the Council of the European Union of 16 December 2008 on food additives (PbEU L 354).
1 It shall be prohibited to act contrary to the conditions laid down in Articles 2 to 5, and drawn up pursuant to Article 7, second paragraph, of Regulation (EC) 2597/97 of the Council of 18 December 1997 laying down additional rules on the common organisation of the market in milk and milk products with regard to drinking milk (PbEG L 351).
2 It shall be prohibited to act contrary to the requirements of Articles 2, 3 and 4, second paragraph, point a, of Regulation (EC) 1898/87 of the Council of 2 July 1987 on the protection of the designation of milk and milk products on the marketing (PbEG L 182).
3 The preparation, marketing, processing or use of the goods referred to in this Decision which does not comply with the requirements of, or pursuant to, the said decision with regard to their composition, quality or characteristics.
4 The preparation, processing, processing, packaging, storage, storage or transport of the goods referred to in this Decision shall be prohibited, other than in accordance with or pursuant to the provisions of this Decision.
5 It shall be prohibited to trade the goods referred to in this Decision in respect of which, by way of derogation from the rules referred to in paragraph 4, has been acted upon.
6 It shall be prohibited to market, otherwise than in a package, the goods referred to in this Decision in respect of which packing has been prescribed in this Decision, or in packages which do not comply with the requirements of the requirements for this decision pursuant to this Decision.
7 It shall be prohibited to trade in any of the goods referred to in this Decision other than in compliance with the requirements laid down in, or pursuant to, the provisions of this Decision with regard to their designation.
8 It shall be prohibited to trade, in the form indicated in or pursuant to this Decision, any indication of any other goods other than those to which those terms are reserved by or by virtue of this Decision.
9 It shall be prohibited to market the goods referred to in this Decision other than in compliance with the requirements laid down in this Decision or pursuant to this Decision in respect of the use of particulars.
10 It shall be prohibited to trade in any of the goods referred to in this Decision other than in packages which comply with the requirements laid down in this Decision.
11 It shall be prohibited to bring the goods referred to in this Decision within the territory of the Netherlands, other than in compliance with the rules laid down in this Decision.
1 The preparation, handling and marketing of:
a. Milk intended for the manufacture of milk-based products;
b. Heat-treated drinking milk; and
c. Milk-based products;
shall be hygienic.
2 Our Minister proposes to implement:
a. Directive 2001 /114/EC ; and
detailed rules on the preparation, treatment, labelling, transport and marketing of the goods referred to in the first paragraph.
The preparation of cheese, goat's cheese and sheep's cheese shall not be used for any other stremsels other than:
a. Stremsel obtained by extraction of the lebstomach of the calf or bovine pepsin;
b. Stremdust derived from microbial origin derived from any of the following organisms: Bacillus cereus, Endothia parasitica, or Mucor species; or
c. chymosin obtained by means of a genetically modified micro-organism.
The term 'buttermilk' may be used only for liquid dairy products obtained exclusively from cow's milk by means of an efficient microbiological acidification, having the characteristic characteristics of the product:
a. A large number of live lactic acid bacteria;
b. A fat content of not more than 1,0%;
c. A milk sugar content of not less than 30% in the non-fat dry matter;
d. A non-fat dry matter content of not less than 7,3%; and
e. A pH of not more than 5,0.
1 The term of yoghurt may be used only for the sole use of cow's milk by means of an efficient acidification by micro-organisms of yoghurt-culture obtained liquid dairy product, having as its characteristic characteristics:
a. A large number of live micro-organisms of yoghurt-culture;
b. A fat content of not less than 2,95%;
c. A milk protein content of not less than 2,8% by at least 33% of milk protein in the non-fatty lactic dry matter; and
d. A pH of not more than 4,5;
to which only whey protein concentrate or caseinates may have been added before, during or after acidification.
2 Whey Protein Concentrate referred to in paragraph 1:
a. is obtained from pasture only;
b. has a protein content of not less than 37% on the basis of the non-fat dry matter;
c. has a nitrate content, calculated as nitraption NO3, of a maximum of 50 mg per kg in the dry matter; and
d. has a nitrite content, calculated as nitrietion NO2, of a maximum of 2 mg per kg in the dry matter.
3 If a whey protein concentrate has been added to a where caseinate has been added to the base of this Article, an entry shall be used to indicate the percentage of those substances added.
4 In addition to Article 19, first paragraph, point (d) of Regulation (EU) No Regulation (EC) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (PbEU 2011, L 304), does not need to be used in the list of ingredients referred to there for the purposes of yoghurt, Semi-skimmed yoghurt or low-fat yoghurt, where such ingredients have not been used as ingredients other than cows ' milk constituents, enzymes and cultures of micro-organisms.
1 The term 'cheese' may be used only for a soft, semi-rigid, hard or extra hard product, whether or not ripened, in which the ratio of whey-protein-casein is not higher than in cow's milk, and that it is obtained by:
a. Whole or partial renown of cow's milk, whether or not added to or withdrawn from milk constituents, and by partial removal of whey resulting from this coagulation; or
b. Process techniques which involve, in whole or in part, cow's milk, whether or not added or not, lactic matter added or withdrawn, and which result in a product having similar physical, chemical and organoleptic characteristics as the product specified in point (a).
2 For cheese, one of the names in the name of the product Annex and Chapter 2, Section 2, of the Animal Products Scheme Used, in so far as it satisfies the nature and composition of:
a. The corresponding cheese standard; or
1 With respect to one in the foot of the Article 9 where present in a package, an entry in column A shall be made concerning the fat content of the dry matter of that where:
A
B
Entries
In the case of fat content of the dry matter of
| 60+ |
More than 60% |
| 50+ |
More than 50% and not more than 60% |
| 48+ |
more than 48% and not more than 52% |
| 45+ |
More than 45% and not more than 50% |
| 40+ |
More than 40% and less than 45% |
| 35+ |
more than 35% and less than 40% |
| 30+ |
More than 30% and less than 35% |
| 25+ |
More than 25% and less than 30% |
| 20+ |
More than 20% and less than 25% |
| 15+ |
More than 15% and less than 20% |
| 10+ |
lean (e) more than 10% and less than 15% |
| lean (e) |
a maximum of 10%. |
The entries 50 +, 48 + and 45 + may be added: full fat (te).
2 By way of derogation from the first paragraph, the use of generic names referred to in Annex II or in the Agricultural Quality Arrangement shall be used as a fat content:
(a) the minimum fat content in the dry matter in the case of the agricultural quality scheme in the case of cheese products as provided for in the relevant cheese; or
b. if more fat content is authorised, the applicable fat content.
3 The first paragraph shall apply mutatis mutandis in respect of goat cheese and cheese cheese.
At an in Article 9, second paragraph The term 'designation' shall be marked with reference to the name of the country in which it is to be prepared, unless it is a case of cheese:
a. specified in Annex II and is prepared in the country of origin referred to there; or
b. occurs in the Agricultural Quality Arrangement and is prepared in the Netherlands.
1 Whole sheep cheese, goat cheese or cheese as intended Article 9 , which is unpackaged and:
a. is present in shops or in any other sales place accessible to the public; and
b. does not bear a national trade mark as provided for in the Agricultural Quality Arrangement;
bear the relevant indication and an indication indicating the fat content of the dry matter of that cheese.
2 By way of derogation from Article 8 of the WarenwetDecree information of foodstuffs the indication and particulars referred to in paragraph 1 shall be affixed to:
a. The crust of the cheese;
b. A coating of the cheese; or
c. Label affixed to the cheese.
3 If the consistency of a cheese referred to in this Article is such that the second paragraph cannot apply, the indication and particulars provided for in paragraph 1 shall be affixed to the article in which or to which the goods concerned located, or placed at an immediately above object (e) board or card.
1 On the crust of sheep cheese, goat cheese and cheese as intended Article 9 , may have been applied only:
a. Ingredients of eating and drinking products;
b. Preparations based on alginates, celluloses, and mono-and diglycerides of edible fatty acids, which may be esterified with acetic acid;
c. Artificial dust dispersions;
d. mineral wax;
e. suspensions of fungicides,
under the conditions set out in or pursuant to Regulation (EC) No 1333/2008.
2 In the paragraphs in the first paragraph, A Food additives may only be used for such drinking and drinking products, provided that they:
a. Are permitted in the A Referred to as eating and drinking products; and
b. Do not have a function in the cheese.
3 Our Minister may, in agreement with our Minister for Economic Affairs, Agriculture and Innovation, lay down detailed rules on the first and second members.
1 The term of a cheese or of a fresh cheese may be used only for the product of the type Article 9, first paragraph , which is obtained without maturation and whose protein content in the non-fat dry matter is at least 60% and the moisture content is not more than 87% of the non-fat content of the fat.
2 The term 'Cottage Cheese' may be used instead of an indication referred to in paragraph 1, in so far as it satisfies the nature and composition of the cheese standard in question.
(3) In the case of a product marked at the foot of this article, present in a package, the fat content of the dry matter of which only an entry in column A applies may be used:
| A |
B |
| Entries |
In the case of fat content of the dry matter of |
| Cream |
at least 50% |
| Full |
at least 35% and less than 50% |
| semi-full |
at least 10% and less than 35% |
| Skimmed |
less than 10%. |
1 The term 'vla' may be used only for the mixed-liquid composite product containing:
a. Characteristic starch and at least 50% cow's milk;
b. Other prepared eating and drinking products required for the preparation; and
c. Milk fat content of at least 2,6%.
2 The term 'porridge' may be used only for the liquid-liquid composite product containing:
a. Constituents of cereals, cereal products or rice, and at least 50% of cow's milk;
b. Other prepared eating and drinking products required for the preparation; and
c. Milk fat content of at least 2,6%.
The term 'chocolate milk' may be used only for the purpose of cow's milk and, as regards the flavouring part, mixed liquid dairy products obtained by the addition of cocoa constituents, with a total fat content of which is not At least 2,5%.
1 The name of cream may be used only for the milk product obtained exclusively from cow's milk by increasing the fat content or fat-liquid product with a fat content of 10% or more.
2 The name of whipped cream may be used only for the milk product obtained exclusively from cow's milk by increasing the fat content or fat-liquid dairy product with a fat content of at least 30%.
The indication of a liquid or fat-liquid product on the basis of milk may be part of the following:
a. The word "semi-skimmed", in so far as it concerns a commodity with a total fat content of 1,50% or more and not more than 1,80%;
b. The word "skinny", in so far as it is a commodity with a total fat content of not more than 0,50%, except where otherwise provided for in any legislative rule.
1 In the case of an examination which does not determine whether the rules laid down in or pursuant to this Decision are satisfied or not complied with in respect of the rules laid down in or pursuant to this Decision, the methods shall be considered as the methods of testing, chromatographic and other methods of separation, organoleptic methods of detection and detection of detection, and the methods used for this purpose by another Member State of the European Union.
2 By way of derogation from paragraph 1, methods of examination shall be designated as determining whether or not the determination of whether or not satisfied with whole or in part of dehydrated preserved milk has been complied with in order to determine whether or not the milk is not satisfied with the aid rules laid down by this Decision, the Community analysis methods, Directive 79 /1067/EEC .
3 By way of derogation from paragraph 1, it shall be designated as methods of examination which, in the event of exclusion, determine whether or not caseins and caseinates intended for human consumption are in the form of or pursuant to this Decision, the Community methods of analysis, referred to in Directive 85 /503/EEC .
4. Our Minister may, in implementation of a binding arrangement under the Treaty establishing the European Community or under the Treaty establishing the Benelux Economic Union, lay down detailed rules for the application of the rules of the to the first paragraph, to the extent that that binding arrangement leaves no room for the Dutch legislature to make choices of a policy-making nature, except under appropriate points.
5 Our Minister, in agreement with our Minister for Economic Affairs, Agriculture and Innovation, may lay down detailed rules on the first paragraph.
Repealed:
a. The Milk Decree (Warenwet) 1974;
(b) the Decision on solid milk products (Warenwet);
c. the KaasDecree (Warenwet) 1981;
d. The Melting Cheese Decision (commodities Act) 1982;
e. the Quarry Order (Warenwet); and
f. The Commodity Act Heat Treated milk.
This Decision shall enter into force on 1 January 1995.
This decision is cited as: WarenwetDecree Dairy.
Burden and order that this Decision, together with the accompanying note of explanatory note to the State Sheet will be placed.
s-Gravenhage, 25 October 1994
Beatrix
The Minister for Health, Welfare and Sport,
E. Borst-Eilers
Published the twenty-ninth November 1994The Minister of Justice,
W. Sorgdrager
List of names of cheeses, for which cheese standards have been accepted by the Netherlands Government, followed by the country of origin of that species.
A In the framework of the FAO/WHO:
Brie (France)
Butterkäse
Camembert (France)
Cheshire cheese (United Kingdom)
Coulommiers (France)
Danablu (Denmark)
Danbo (Denmark)
Emmentaler (Switzerland)
Esrom (Denmark)
Gruyère (Switzerland and France)
Harzer Käse or Harzer Kaas
Herrgardsost (Sweden)
Hushallsost (Sweden)
Limburger (Belgium)
Norvegia (Norway)
Provolone (Italy)
Romadur
Samsö (Denmark)
Svecia (Sweden)
Tilsiter cheese
B On the basis of the Stresa Convention:
1. From the A list:
Gorgonzola (Italy)
Parmigiano Reggiano (Italy)
Pecorino Romano (Italy)
Roquefort (France)
2. From the B list:
Adelost (Sweden)
Asiago (Italy)
Caciocavallo (Italy)
Elbo (Denmark)
Fontina (Italy)
Fiore Sardo (Italy)
Fynbo (Denmark)
Harvarti (Denmark)
Maribo (Denmark)
Mycella (Denmark)
Noekkelost (Norway)
Saint-Paulin (France)
Sbrinz (Switzerland)
Tybo (Denmark)
