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Royal Decree 863/2003, Of 4 July, Which Approves The Quality Standard For The Production, Marketing And Sale Of Jams, Jellies, "marmalade" Of Fruit And Chestnut Cream.

Original Language Title: Real Decreto 863/2003, de 4 de julio, por el que se aprueba la Norma de calidad para la elaboración, comercialización y venta de confituras, jaleas, "marmalades" de frutas y crema de castañas.

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TEXT

By Royal Decree 670/1990 of 25 May, the Quality Standard for jams, jellies and marmalade of fruits, chestnut cream and fruit jam was approved.

Council Directive 2001 /113/EC of 20 December 2001 on fruit jams, jellies and marmalades, as well as the cream of sweetened chestnuts intended for human consumption, represents the new framework The Community rules on this matter, the incorporation of which into national law and the replacement of the said Royal Decree 670/1990 of 25 May 1990, which is repealed, except as regards the regulation of 'jam' and 'jam' products. 'extra jam' is the purpose of this provision laying down the new Standard of quality for such products.

Community legislation in force, in particular in the field of horizontal legislation primarily related to health and consumer protection, has undergone a number of amendments and is of greater length than the year of the year. 1990, when the aforementioned royal decree was published, which makes it necessary to simplify and update this matter in our internal order.

It is also intended by the new regulation to bring this matter into line with the horizontal legislation, in the case of additives, set out in Royal Decree 3177/1983 of 16 November 1983 adopting the regulation (a) the technical and health of food additives, and concordant provisions, approving the positive lists of additives for use in the manufacture of foodstuffs and their conditions of use, at the same time as updates the labelling to adapt it to Royal Decree 1334/1999, of 31 July, for which it is approves the General Standard for the labelling, presentation and advertising of foodstuffs, as amended by Royal Decree 238/2000 of 18 February, as well as the other horizontal legislation implementing it.

In the process of drawing up this standard, the autonomous communities, as well as the sectors affected, have been consulted, and the Inter-Ministerial Commission for Food Management has issued its mandatory report.

This royal decree is dictated under the jurisdiction that Article 149.1.13.a and 16.a of the Spanish Constitution attributes to the State in terms of bases and coordination of the general planning of the economic activity and bases and coordination of health, except as provided for in paragraph 9 of the Annex, which is issued under Article 149.1.10.a of the Constitution which confers on the State exclusive competence in matters of trade In the light of the above, the Commission has taken the view that, in accordance with Articles 38 and 40.2 of Law 14/86, 25 April, General Health.

By virtue of the proposal of the Minister for Agriculture, Fisheries and Food and the Minister for Health and Consumer Affairs, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 4 July 2003,

DISPONGO:

Single item. Approval.

The quality standard is approved for the production, marketing and sale of jams, jellies, fruit marmalades and chestnut cream, which is collected as an annex to this royal decree.

Single additional disposition. Health criteria.

The products covered by the quality standard that are approved are subject to the health requirements laid down in the Technical-Health Regulations for the manufacture and sale of preserved vegetables, approved by the Royal Decree 2420/1978 of 2 June 1978 and the provisions of paragraph 2, 'Technological aids' of Annex 1, 'General technical standard', of the Order of 21 November 1984 laying down quality standards for preserved plants in the Community what they do not oppose to the provisions of this royal decree.

Single transient arrangement. Transitional regulatory regime.

1. The products covered by this royal decree may continue to be placed on the market until 12 July 2004, in compliance with the provisions in force for entry into force.

2. However, the jams, jellies, marmalades of fruit and cream of chestnuts, labelled before 12 July 2004, and which do not conform to the provisions of this royal decree, may continue to be placed on the market until the extinction of their life commercial, provided that they are in accordance with the provisions in force at the entry into force of this royal decree.

Single repeal provision. Regulatory repeal.

1. As from the entry into force of this royal decree, all provisions of equal or lower rank are repealed as set out in it, and in particular the Royal Decree 670/1990 of 25 May, which approves the Standard of Quality for fruit jams, jellies and marmalade, chestnut cream and fruit jam, with the exception of paragraphs 2.7, "Extra jam", and 2.8, "jam", of its annex, as well as the references for such products appearing in that Annex, and in particular as set out in paragraphs 3, 4 and 5 of that Annex.

2. References to the actual repealed decree will be construed as references to this royal decree.

Final disposition first. Competence title.

This royal decree is dictated by the powers that Article 149.1.13. and 16. of the Spanish Constitution attributes to the State in terms of bases and coordination of the general planning of economic activity and (a) the basis for and coordination of health, with the exception of paragraph 9 of the Annex, which is issued under Article 149.1.10. of the Constitution which confers exclusive competence on the State in the field of foreign trade, and all in accordance with The provisions of Articles 38 and 40.2 of Law 14/1986 of 25 April, General of Health.

Final disposition second. Faculty of development.

The Ministers of Agriculture, Fisheries and Food and Health and Consumer Affairs may, in the field of their powers, make the necessary arrangements for the development of the provisions of this royal decree and, where appropriate, for the updating of its Annex, where necessary.

Final disposition third. Entry into force.

This royal decree will enter into force on July 12, 2003.

Given in Madrid, 4 July 2003.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIANO RAJOY BREY

ANNEX

Quality standard for jams, jellies, fruit marmalades and chestnut cream

1. Object.

This quality standard is intended to define and fix the conditions and characteristics to be met by the jams, jellies and marmalades of chestnut fruit and cream for presentation, marketing and consumption.

2. Scope of application.

2.1 This quality standard shall apply to the following products, as defined in paragraph 3:

a) confidence,

b) extra confidence,

c) jelly,

d) extra jelly,

e) "marmalade",

f) "marmalade" jelly,

g) chestnut cream.

2.2 This quality standard shall not apply to products intended for the manufacture of fine bakers, pastry, biscuits and pastry products.

3. Product names and definitions.

For the purposes of this quality standard, the following definitions shall apply:

3.1 "Trust" is the mixture, with the appropriate gelified consistency, of sugars, pulp or puree of one or more species of fruit and water. However, citrus fruit may be obtained from the whole fruit, cut into strips or sliced.

The amount of pulp or purée used for the manufacture of 1,000 grams of finished product shall not be less than:

350 grams in general.

250 grams in the case of the red currants, the serbas, the spina grape, the black currants, the agavanzos and the quince.

150 grams in the case of ginger.

160 grams in the case of cashews.

60 grams in the case of the granadilla.

3.2 "Extra confidence" is the mixture, with the proper gelified consistency, of sugars, of unconcentrated pulp of one or several species of fruits and water. However, the extra confection of agavanzos and the extra confection without seeds of raspberries, blackberries, blackcurrants, blueberries and red currants, may be wholly or partially derived from unconcentrated purée of these fruits. Extra citrus fruit may be obtained from the whole fruit, cut into strips or sliced.

The following fruits may not be used as a mixture for the preparation of extra confidence: apples, pears, prunes with adherent bone, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.

The amount of pulp for the manufacture of 1,000 grams of finished product shall not be less than:

450 grams in general.

350 grams in the case of the red currants, the serbas, the spina grape, the black currants, the agavanzos and the quince.

250 grams in the case of ginger.

230 grams in the case of cashews.

80 grams in case of granadilla.

3.3 "Jalea" is the mixture, conveniently gelled, of sugars and of juice or aqueous extracts of one or more species of fruit.

The quantity of juice or aqueous extracts used for the production of 1,000 grams of finished product shall not be less than that which is established for the manufacture of the confection. These quantities shall be calculated after deducting the weight of the water used in the preparation of the aqueous extracts.

3.4 However, in the case of "extra jelly", the quantity of fruit juice and/or aqueous extracts used for the production of 1,000 grams of finished product shall not be less than that laid down for the preparation of the extra confidence. These quantities shall be calculated after deducting the weight of the water used in the preparation of the aqueous extracts. They shall not be used for the manufacture of extra jelly, mixed with other fruits, the following: apples, pears, prunes with adherent bone, melons, watermelons, grapes, pumpkins, cucumbers and tomatoes.

3.5 "Marmalade" is the mixture, with the appropriate gelified consistency, of water, of sugars and of one or more of the following products, obtained from citrus fruits: pulp, puree, juice, aqueous extracts and skins.

The amount of citrus fruit used for the production of 1,000 grams of finished product shall not be less than 200 grams, of which at least 75 grams shall be derived from the endocarp.

3.6 The name "marmalade jelly" may be used when the product is totally devoid of insoluble materials, except for small quantities of very thin cut skin.

3.7 "Chestnut Cream" is the mixture, with the appropriate consistency, of water, of sugars and of a minimum of 380 grams of mashed chestnuts (Castanea sativa) per 1,000 grams of finished product.

4. Grade brix of the products.

4.1 The products defined in paragraph 3.1 to 3.7 shall have a soluble dry matter content, determined by a refractometer, equal to or greater than 60 per 100, except for products in which the sugars have been replaced in whole or in part by sweeteners.

5. Fruit mixtures.

In the case of mixtures of fruit, the minimum content set out in paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 and 3.6 for different fruit species shall be reduced in proportion to the percentages used.

6. Definitions of the raw materials and ingredients authorised.

For the purposes of this quality standard, the following definitions shall apply:

6.1 Route:

a) The fresh, healthy fruit, without any alteration, with all its essential components and in the appropriate degree of maturity, after washing, polished and unpunctured.

b) They are assimilated to the fruit, for the application of this standard, the tomato, the edible parts of the stems of rhubarb, the carrot, the sweet potato, the cucumber, the squash, the melon and the watermelon.

c) The term "ginger" designates the edible roots of the ginger plant, fresh or preserved.

The ginger may be dried or preserved in syrup.

d) Castana: the fruit of chestnut (Castanea sativa).

6.2 Pulp (fruit): The edible part of the whole fruit, in its case without skin, bark, seeds, nuggets and the like, which may be cut into pieces or crushed, but not reduced to pure.

6.3 Pure (fruit): The edible part of the whole fruit, if necessary, without skin, bark, seeds, nuggets and the like, which has been reduced to mashed by sifting or any other similar procedure.

6.4 Aqueous (fruit) extracts: The aqueous fruit extract which, subject to the inevitable losses according to good manufacturing practice, contains all the water-soluble constituents of the fruits used.

6.5 Sugars: Authorized sugars are as follows:

(a) the sugars defined in the applicable regulations in force,

b) fructose syrup,

c) sugars extracted from fruits,

d) brown sugar.

6.6 Other authorised ingredients.

Without prejudice to the provisions of Royal Decree 3177/1983 of 16 November 1983 on the technical-health regulation of food additives, the following ingredients may be added to the product defined in paragraph 3 of this standard:

(a) Miel as defined in the applicable rules in force: in all products in total or partial replacement of sugars.

b) Fruit Zumo: only in the confection.

c) Zumo of citrus fruit in the products obtained from other fruits: only in the confection, the extra confection, the jelly and the extra jelly.

d) Zumo of red fruits: only in the confection and extra confection made from agavanzos, strawberries, raspberries, spina grapes, red currants, plums and rhubarb.

e) Zumo of red beetroots: only in the confection and jelly made from strawberries, raspberries, spina grapes, red currants and plums.

f) Essential citrus oils: in the "marmalade" and in the "marmalade jelly".

g) Oils and edible fats as antifoaming agents: in all products.

h) Liquid Pectin: in all products.

i) citrus fruits: in the confection, the extra confection, the jelly and the extra jelly.

j) Hojas of Pelargonium odoratissimum: in the confection, in the extra confection, the jelly and the extra jelly, when they are obtained from quince.

k) Spiritualistic wine, wine and wine, nuts, aromatic herbs, spices, vanilla and vanilla extracts: in all products.

l) Vainillina: in all products.

7. Treatment of raw materials.

7.1 The products defined in paragraphs 6.1, 6.2, 6.3 and 6.4 of this standard may be subject to the following treatments:

a) Treatment by heat, cooling, or freezing.

b) Lifting.

c) Concentration, to the extent that it is technically possible.

(d) Treatment of raw materials, with sulphur dioxide (E220) or its salts (E221, E222, E223, E224, E226 and E227) as processing aids, with the exception of those used in the manufacture of 'extra' products, the products defined in paragraph 3 do not exceed the maximum level of sulphur dioxide laid down in Royal Decree 142/2002 of 1 February 2002 approving the positive list of additives other than colours and sweeteners for use in the their use in the manufacture of foodstuffs, as well as their conditions of use.

7.2 The apricots and plums for the preparation of confidence may also be subject to dehydration treatments, in addition to lyophilisation.

7.3 Citrus bark may be preserved in brine.

8. Tagged.

The General Standard for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July, will apply to the products defined in paragraph 3 of this standard in the Following conditions:

8.1 The sales denominations referred to in paragraph 3 shall be reserved for the products listed therein and must be used in trade to designate them.

However, the names used in paragraph 3 may be used together with the name, in accordance with the practices used to designate other products which cannot be confused with those defined in that paragraph. paragraph.

8.2 The sales denomination shall be supplemented by the indication of the fruit or fruit used, in descending order of the weight of the constituent raw materials. However, in the case of products made from three or more fruits, the indication of the fruit used may be replaced by the indication 'miscellaneous fruit' or similar or by the indication of the number of fruits used.

8.3 The labelling shall include the indication of the fruit content of the finished product by means of the words "prepared with ... grams of fruit per 100 grams", if applicable after deduction of the weight of the water used for the preparation of the aqueous extracts.

8.4 The labelling must include the indication of the total sugar content by the terms "total sugar content ... grams per 100 grams", in which the indicated figure represents the refractory value of the product finished, determined at 20 ° C, with a tolerance of +/-3 degrees refractory.

However, the quantity of sugars may not be indicated when a declaration of nutritional properties relating to sugars is already included in the labelling, in accordance with Royal Decree 930/1992 of 17 July 1992. approves the labelling rule on nutritional properties of foodstuffs.

8.5 The indications referred to in paragraph 8.3 and in the first subparagraph of paragraph 8.4 shall be shown in the same visual field as the sales denomination, in clearly visible characters.

8.6 Where the residual sulphur dioxide content is greater than 10 mg/kg, its presence shall be indicated in the list of ingredients, by way of derogation from Articles 3 and 5, as well as in Article 7 (3) of the General standard for the labelling, presentation and advertising of foodstuffs, approved by Royal Decree 1334/1999 of 31 July.

9. Export and import.

9.1 The products covered by this rule are to be developed for export to non-EU countries or to the European Free Trade Association and do not comply with this rule. The word "export" shall be printed on its packaging. In addition, your label must bear the word "export" or any other sign that is regulated and that allows you to identify it unequivocally to prevent the product from being marketed and consumed in Spain.

9.2 Imported products from countries outside the European Union or the European Free Trade Association must meet the requirements set out in this standard.