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Royal Decree 781/2013, Of 11 October, Which Lays Down Rules Relating To The Preparation, Composition, Labelling, Presentation And Advertising Of The Fruit Juices And Similar Products Intended For Human Consumption.

Original Language Title: Real Decreto 781/2013, de 11 de octubre, por el que se establecen normas relativas a la elaboración, composición, etiquetado, presentación y publicidad de los zumos de frutas y otros productos similares destinados a la alimentación humana.

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TEXT

Council Directive 2001 /112/EC of 20 December 2001 on fruit juices and other similar products intended for human consumption was incorporated into the national legal order by means of the Decree 1050/2003 of 1 August approving the technical-health regulation of fruit juices and other similar products intended for human consumption.

This Directive 2001 /112/EC of 20 December 2001 has been amended, one of them by Commission Directive 2009 /106/EC of 14 August 2009, which was adopted in the light of the evolution of the rules In particular, the General Standard of the Codex for Zumos (juices) and Nectars of Fruit (Codex Stan 247-2005), and which was transposed into national law by Royal Decree 462/2011 of 1 April 2011; Commission Directive 2010 /33/EU of 21 May 2010 correcting the Spanish version of the Council Directive 2001 /112/EC of 20 December.

Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001 /112/EC on fruit juices and other similar products intended for food It has been dictated with the objectives of adapting to technical progress the rules on the elaboration, composition and labelling of fruit juices and other similar products intended for human consumption, taking into account the evolution of the relevant international standards, establishing new composition requirements for the juices of fruit, to amend the specific labelling provisions of Directive 2001 /112/EC of 20 December, and to provide adequate information to consumers. The transposition of Directive 2012/12/EU of 19 April would require the amendment of most of the content of Royal Decree 1050/2003 of 1 August.

However, in the interests of legal certainty, it has been considered appropriate to draw up this royal decree, with the aim of transposing Directive 2012/12/EU of 19 April, and to codify the provisions in force in Spain, in implementation of Directive 2001 /112/EC of 20 December 2001. It is therefore appropriate to repeal Royal Decree 1050/2003 of 1 August.

Given the markedly technical nature of the requirements regulated in this provision and the need to establish a unitary regulatory framework, which applies to the entire national territory and ensures treatment uniform to all producers, the ideal instrument for establishing them is the royal decree.

In the process of dealing with this royal decree, the autonomous communities and representative entities of the affected sectors have been consulted, having issued a favorable report to the Inter-Ministerial Commission for the Food Management.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment and the Minister of Health, Social Services and Equality, in agreement with the Council of State and after deliberation of the Council of Ministers in its Meeting of the day 11 October 2013,

DISPONGO:

Article 1. Object and scope of application.

1. The purpose of this rule is to regulate the production, composition, labelling, presentation and advertising of fruit juices and other similar products intended for human consumption.

2. The products defined in Annexes I. A and I. B are subject to the legislation applicable to food, unless otherwise provided for in this royal decree.

3. This rule shall apply to products defined in Annexes I. A and I. B which are placed on the market in the European Union in accordance with Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the principles and general requirements of food law, the European Food Safety Authority is established and procedures relating to food safety are laid down.

Article 2. Specific provisions on labelling, presentation and advertising.

Without prejudice to the labelling, presentation and advertising requirements laid down for foodstuffs, the following conditions shall apply to the products defined in Annex I. A:

1. The names set out in Annex I. A shall be reserved for the products listed therein and, without prejudice to the following paragraph, must be used to designate them commercially.

As an alternative to these product names, Annex III includes a list of particular names that may be used in the language and under the conditions specified in Annex III.

2. Where the product comes from a single species of fruit, the word 'fruit' shall be replaced by the word 'fruit'.

3. In the case of products made from two or more fruits, except where lemon juice, lime juice, or both are used, under the conditions laid down in Annex I.B. 2, the name shall be composed of a list of the fruits used, in decreasing order according to the volume of the fruit juices or fruit purées included, as indicated in the list of ingredients. However, in the case of products made from three or more fruits, the indication of the fruit used may be replaced by the words 'various fruits' or a similar indication, or by the number of fruits used.

4. The reconstitution of the products defined in Annex I. A in their original state by means of the substances strictly necessary for this operation does not entail the obligation to mention in the labelling the list of ingredients used with This purpose.

The incorporation into the fruit juice of an added quantity of pulp or cells as defined in Annex II shall be indicated on the labelling.

5. In the case of mixtures of fruit juice and fruit juice from concentrate, and in the case of fruit nectar obtained in whole or in part from one or more concentrated products, the labelling shall include the indication ' from concentrate (s) 'or' partially from concentrate (s) ', as appropriate. This indication must appear next to the sales denomination, in clearly visible characters and which stand out from the bottom with sharpness.

6. In the case of fruit nectar, the labelling shall include the indication of the minimum content of fruit juice, fruit puree or mixture of these ingredients, by the words "fruit content: minimum ...%". This indication must appear in the same visual field as the sales denomination.

Article 3. Labelling of concentrated fruit juices not intended for the final consumer.

On the labelling of concentrated fruit juices referred to in Annex I.A. 2, not intended for the final consumer, a reference to the presence and quantity of lemon juice, lime juice or agents must be indicated. added acidifiers authorised by Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives. This indication shall appear in one of the following places:

a) In the pack,

b) On a label attached to the package, or

c) In a document accompanying it.

Article 4. Raw materials, ingredients, treatments and authorised substances.

Without prejudice to Regulation (EC) No 1333/2008 of 16 December 2008 in the manufacture of the products defined in Annex I. A, only the treatments and substances listed in Annex I. B may be used. raw materials which are in accordance with Annex II. In addition, the fruit nectars shall comply with the provisions of Annex IV.

Single transient arrangement. Marketing of product stocks.

Products placed on the market or labelled before 28 October 2013 pursuant to Royal Decree 1050/2003 of 1 August 2009 approving the technical regulation-health of fruit juices and other products Similar, intended for human consumption, may continue to be placed on the market until 28 April 2015.

The declaration "from 28 April 2015 no fruit juice shall contain added sugars" may appear on the label, in the same visual field as the name of the products listed in Annex I. A, points 1 to 5, until 28 October 2016.

Single repeal provision. Regulatory repeal.

Royal Decree 1050/2003 is repealed, of 1 August, approving the technical-sanitary regulation of fruit juices and other similar products, intended for human consumption.

Final disposition first. Competence title.

This royal decree is issued under the provisions of Articles 149.1.13ª and 149.1.16ª of the Spanish Constitution, which attribute to the State exclusive competence on the basis and coordination of the general planning of the economic activity and on the basis and general coordination of health, respectively.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into national law Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001 /112/EC on fruit juices and other fruit juices similar products intended for human consumption.

Final disposition third. Entry into force.

This royal decree will enter into force on October 28, 2013.

Given in Madrid, on October 11, 2013.

JOHN CARLOS R.

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

SORAYA SAENZ DE SANTAMARIA ANTON

ANNEX I. A

Denominations, definitions, and product characteristics

1. Fruit juice: the fermentation product, but not fermented, obtained from the edible parts of healthy and ripe fruit, fresh or preserved by refrigeration or freezing, of one or more mixed species, of which the colour, flavour and flavour characteristic of the fruit juice from which it comes.

The aroma, pulp and cells obtained by appropriate physical means that come from the same species of fruit may be incorporated into the juice.

In the case of citrus fruits, the fruit juice will proceed from the endocarp. However, the lime juice may be obtained from the whole fruit.

When juices are obtained from fruit containing nuggets, seeds and skins, parts or components of the nuggets, seeds or skin shall not be incorporated into the juice. This provision shall not apply to cases where the parts or components of the nuggets, seeds or skin cannot be disposed of by means of good manufacturing practice.

The mixture of fruit juices and fruit puree in the production of fruit juice is authorised.

2. Fruit juice from concentrate: the product obtained by reconstituting concentrated fruit juice as defined in point 3 with drinking water meeting the criteria laid down in Royal Decree 140/2003 of 7 February 2003 laying down the health criteria for the quality of water for human consumption.

The soluble solids content of the finished product must satisfy the minimum value of Brix grades for the reconstituted juice specified in Annex V.

If a juice from concentrate is made from a fruit not mentioned in Annex V, the minimum level of Brix grades of the reconstituted juice shall correspond to the Brix level of the juice extracted from the fruit used to produce the fruit. the concentrate.

It may be possible to reinstate fruit juice from concentrate the aroma, pulp and cells obtained by the appropriate physical means from the same species of fruit.

Fruit juice from concentrate shall be prepared according to appropriate manufacturing processes which maintain the essential physical, chemical, organoleptic and nutritional characteristics of a medium type of fruit juice of the which is appropriate.

The mixture of fruit juices and/or concentrated fruit juices and fruit puree and/or concentrated fruit puree is authorised for the production of fruit juice from concentrate.

3. Concentrated fruit juice: The product obtained from juice of one or more species of fruit by physical elimination of a particular part of the water. Where the product is intended for direct consumption, the disposal of water shall be at least 50%.

The aroma, pulp and cells obtained by the appropriate physical means from the same species of fruit may be incorporated into the concentrated fruit juice.

4. Fruit juice extracted with water: the product obtained by diffusion in water of:

a) whole fruit fruit whose juice cannot be extracted by physical procedures, or

b) dehydrated whole fruit.

5. Dried fruit juice/powder: the product obtained from juice of one or more species of fruit by physical elimination of the entire water practice.

6. Fruit nectar: the product susceptible to fermentation, but not fermented:

a) is obtained by adding water with or without addition of sugars and/or honey to the products defined in points 1 to 5, to the fruit puree, and/or to the concentrated fruit puree, and/or to a mixture of these products, and

(b) be in accordance with Annex IV.

Without prejudice to the provisions of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims in food, in the case of: the manufacture of fruit nectars without added sugar or with reduced energy value, the sugars may be replaced in whole or in part by sweeteners in accordance with Regulation (EC) No 1333/2008 of 16 December 2008.

The aroma, pulp and cells obtained by the appropriate physical means that come from the same species of fruit may be incorporated into the fruit nectar.

ANNEX I. B

Authorized ingredients, treatments, and substances

1. Composition.

The species corresponding to the botanical name set out in Annex V shall be used in the preparation of fruit juices, fruit purées and fruit nectars bearing the name of the product corresponding to the fruit or the fruit. common name of the product. For fruit of species not listed in Annex V, the correct botanical or common name shall be used.

The Brix level for fruit juice will be the value of the juice as it is extracted from the fruit and cannot be modified, except if it is mixed with the juice of a fruit of the same species.

The minimum level of Brix grades is set out in Annex V for the reconstituted fruit juice and the reconstituted fruit puree excludes the soluble solids from any ingredient or additive that may have been added in their case.

2. Authorised ingredients.

For the products listed in Annex I. A, only the following ingredients may be added:

(a) Vitamins and minerals authorised by Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins, minerals and certain other substances to foods.

(b) Food additives authorised by Regulation (EC) No 1333/2008 of 16 December 2008.

and, in addition:

(a) To fruit juices, fruit juices from concentrate and concentrated fruit juices: flavourings, pulps and cells returned.

b) To grape juice: salts of restored tartaric acids.

(c) To fruit nectars: flavourings, pulps and restituted cells; sugars and/or honey in an amount not exceeding 20% by weight in respect of the total weight of the finished products, and/or sweeteners.

It may only be stated that no sugars have been added to a fruit nectar, as well as any other statement which may have the same meaning for the consumer, if the product has not been added to the product. monosaccharide or disaccharide, or any food used for its sweetening properties, including sweeteners as defined in Regulation (EC) No 1333/2008 of 16 December 2008. If the sugars are naturally present in the fruit nectars, the labelling must also bear the following indication: 'contains naturally present sugars'.

(d) The products referred to in point (a) (1) (a), (3), (5), (2) and (8) of Annex III: sugars and/or honey.

e) For products defined in Annex I. A, points 1 to 6, in order to correct the acid taste: lemon juice and/or lime juice and/or concentrated lemon juice and/or lime juice, in an amount not exceeding 3 grams per litre of juice, expressed as anhydrous citric acid.

f) tomato juice and tomato juice from concentrate: salt, spices and aromatic herbs.

3. Treatments and authorised substances.

The products listed in Annex I. A may only be used for the following treatments and add the following substances:

a) Mechanical extraction procedures,

(b) Normal physical procedures, including the extraction (diffusion) of water "in line" from the edible part of fruit other than grapes for the production of concentrated fruit juices, provided that the fruit juices the results meet the requirements of Annex I. A, point 1.

c) For grape juices in which the sulphitation of the grapes has been carried out by sulphur dioxide, desulfitation is permitted by physical procedures, provided that the total quantity of SO2 is present in the finished product does not exceed 10 mg/l.

(d) Enzyme preparations: pectinases (for the decomposition of pectin), proteinases (for the breakdown of proteins) and amylases (for the breakdown of starch) in accordance with Regulation (EC) No 1332/2008 European Parliament and the Council of 16 December 2008 on food enzymes.

e) Food Gelatine.

f) Taninos.

g) Colloidal silica.

h) charcoal.

i) Nitrogen.

j) Bentonite as absorbent clay.

k) chemically inert filtration adjuvants and precipitation agents (including perlite, washed diatomite, cellulose, insoluble polyamide, polyvinylpolypyrrolidone, polystyrene) in accordance with Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food.

l) chemically inert adsorption adjuvants in accordance with Regulation (EC) No 1935/2004 of 27 October and used to reduce the limonoid and naringin content of citrus fruit juice without affecting significant content of limonoid glycosides, acids or sugars (including oligosaccharides) or content in minerals.

ANNEX II

Definitions of raw materials

For the purposes of this Royal Decree, the following definitions apply:

1. Fruits: all fruits.

For the purposes of this royal decree, tomatoes are also considered a fruit.

The fruit shall be in good condition, duly mature, and fresh or preserved by physical procedures or by treatments, including post-harvest treatments applied in accordance with the legislation of the Union.

2. Fruit puree: the fermentation product, but not fermented, obtained by appropriate physical procedures, for example by sifting, crushing or removing the edible part of whole or peeled fruit without removing the juice.

3. Concentrated fruit puree: the product obtained from the fruit puree by physical elimination of a given proportion of the water constituting it.

The concentrated fruit puree may contain flavourings reconstituted by appropriate physical procedures, as defined in Annex I.B. 3, which shall be derived from the same species of fruit.

4. Flavouring: Without prejudice to Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties used in food, Flavourings for reconstitution are obtained during the processing of the fruit by appropriate physical procedures. These physical procedures may be used in order to preserve, preserve or stabilize the quality of the aroma and include pressing, extraction, distillation, filtering, adsorption, evaporation, fractionation and concentration.

The aroma is obtained from the edible parts of the fruit; however, it can also be obtained from the cold pressure oil of citrus shells and fruit bone compounds.

5. Sugars.

(a) The sugars defined in Royal Decree 1052/2003 of 1 August, approving the technical-sanitary regulation on certain sugars intended for human consumption.

b) The fructose syrup,

c) The sugars obtained from fruits.

6. Honey. The product defined in Royal Decree 1049/2003 of 1 August, approving the Quality Standard for honey.

7. Pulp or cells. Products obtained from the edible part of fruit of the same species without removing the juice. In addition, in the case of citrus fruits, the pulp and cells are the bags of juice obtained from the endocarp.

ANNEX III

Particular names of certain products listed in Annex I

1. 'Vruchtendrank' for fruit nectar;

2. "Sußmost". The name 'Sußmost' may only be used in conjunction with the sales denominations 'Fruchtschaft' or 'Fruchtnektar' for:

(a) Fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these two products, not consumable in a natural state due to their high natural acidity,

(b) The fruit juice obtained from apples or pears, where appropriate with the addition of apples, but without added sugars;

3. "Succo e polpa" or "sumo e polpa", for fruit nectar obtained exclusively from fruit puree and/or concentrated fruit puree;

4. 'æblemost', for apple juice without the addition of sugar;

5. 'Southern ... saft', supplemented by the indication, in the Danish language, of the fruit used, for juice without the addition of sugars obtained from blackcurrants, cherries, red currants, white currants, raspberries, strawberries or elderberries,

"Sød ... saft" or "sødet ... saft", completed by the indication, in the Danish language, of the fruit used, for the juice of the same fruit, with addition of more than 200 grams of sugar per litre;

6. "Applemust", for apple juice without the addition of sugar;

7. "Must" means grape juice;

8. "Smiltserkšku sula ar cukuru" or "astelpaju mahl suhkruga" or "słodzony sok z rokitnika", for juices obtained from "seabuckthorn" with a maximum of 140 grams of added sugar per litre.

ANNEX IV

Particular provisions applicable to fruit nectars

Fruit Nectars from

black Grosellas

25

25

30

50

30

25

fruits that belong to this category

Minimum juice and/or puree content (% of finished product volume)

I. Non-consumable acid juice fruits in natural state

fruit

25

25

25

Grosellas

25

25

30

Seabuckthorn "

25

30

30

Serbas

30

Agavances

40

Acidic Cherries

35

Other cherries

40

Arandans or mirtilos

40

50

raspberries

40

Albaricots

40

40

40

Moras

40

30

30

Frames

50

Limons and limes

25

Other fruits belonging to this category

25

II. Poor acid or high-pulp or highly flavoured fruits, with non-consumable juice in the natural

Mangoes

25

Platanos

25

Guayabas

25

Papayas

25

25

25

Acerolas

Guanabanas

25

Heart of Buey or Cachiman

25

25

25

25

25

Anacardos

25

Boxes

25

Imbu

25

Other fruits that belong to this category

25

III. Natural state consumable juice

Apples

50

Pages

50

Melocotons

50

, except lemons and limes

50

Pins

50

Tomates

50

50

ANNEX V

Minimum levels of Brix grades for reconstituted fruit juice and reconstituted fruit puree

Pina (*)

common name

Botanical name

Minimum levels of Brix grades

(*)

Malus Borkh.

11.2

Prunus armeniaca L.

Platano (**)

Musa x paradisiaca L. (excluding plantains).

21.0

Grosella (*)

Ribes nigrum L.

11.0

Uva (*)

Vitis vinifera L. or their hybrids

Vitis labrusca L. or their hybrids.

15.9

Pomelo (*)

x paradisi Macfad.

Guayaba (**)

Psidium guajava L.

8.5

Limon (*)

Citrus (L.) Burm. f.

8.0

Mango (**)

Mangifera indicates L.

(*)

sinensis (L.) Osbeck.

11.2

passion fruit (*)

Passiflora edulis Sims.

12.0

Melocoton (**)

Prunus persica (L.) Batsch var. persica.

Pera (**)

Pyrus communis L.

11.9

Ananas assus (L.) Merr.

raspberry (*)

Rubus idaeus L.

7.0

Agria Cereza (*)

Prunus cerasus L.

Fresh (*)

esculentum Mill.

5.0

Mandarina (*)

reticulata White.

In the case of products marked with an asterisk (*), produced as juices, a minimum relative density in relation to water at 20/20 ° C.

In the case of products marked with two asterisks (**), produced as purées, only a minimum value Brix shall be determined without correcting (without correction of the acidity)