To comply with the development mandate of the Spanish Food Code, provided for in the Decree of the Presidency of the Government 2519/1974 of 9 August ("Official State Gazette" of 13 September), Decree 3610/1975 of 5 was issued. December (Official Journal of the State of 20 January 1976), which approved the Technical and Health Regulations for the manufacture, circulation and trade in cocoa, chocolate, products derived and substitutes for chocolate; that Decree was amended by Royal Decree 2687/1976 of 16 October ("Official State Gazette") of 26 November) and, subsequently, by Royal Decree 2354/1986 of 10 October ("Official State Gazette" of 8 November).

Produced the entry of the Kingdom of Spain into the European Communities, it has been necessary to proceed to the harmonization of our internal law with the Community rules and, more specifically, with the Council Directive 73 /241/EEC of 24 July 1973 (Official Journal No. L 228/23 of 16 August), as amended, inter alia, by Directives 75 /155/EEC of 4 March 1975 (Official Journal No. L 64/21 of 11 March; 76 /628/EEC of 20 July 1976 (Official Journal No.  L 228/1 of 16 August); 78 /609/EEC of 29 June 1978 (Official Journal No.  L 197/10, 22 July); 78 /842/EEC of 10 October 1978 (Official Journal No. L 291/15, 17); 80 /608/EEC of 30 June 1980 (Official Journal No. L 170/33, of 3 July), and 89 /344/EEC of 3 May 1989 (Official Journal No. L 142/19, of 25 May).

Furthermore, other Community Directives have also led to the harmonisation of Spanish technical-health standards, such as the labelling and advertising of packaged products and the reference to effective content.

By not falling within the scope of Directive 73 /241/EEC, all the products covered by Decree No 3610/1975, it seemed more appropriate to include in this technical-health regulation the question of the processing, circulation and trade in cocoa and chocolate, leaving for a different standard all the reference to products derived from cocoa, chocolate and chocolate substitutes.

In this way, and as such a technical-health regulation, this standard is configured with the usual structure of this type of horizontal sanitary measures. That is to say, not only the aspects provided for in the above-mentioned Directives are collected, but also other requirements are laid down on various aspects affecting the health and safety of people.

All this is done without prejudice to the principle of the free movement of goods laid down in Articles 30 and 36 of the Treaty establishing the European Economic Community, as well as to the principle of free movement of goods. obligations arising from other Treaties or International Conventions.

This Royal Decree and the Technical-Health Regulations attached thereto are approved under the provisions of Article 40.2 of Law 14/1986 of 25 April, General of Health, in conjunction with Article 2. of the same legal body, and in accordance with the provisions of Article 149.1.10. and 16. of the Spanish Constitution.

In its virtue, on a proposal from the Ministers for Economic and Financial Affairs, Industry and Energy, Agriculture, Fisheries and Food and Health and Consumer Affairs, the sectors concerned, after the Commission's mandatory report Interministerial for Food Management, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 22 June 1990,

DISPONGO:

Single item.

The attached Technical-Health Regulations for the manufacture, circulation and trade of cocoa and chocolate are approved.

TRANSIENT PROVISIONS

First.

The prescriptions referred to in the headings 2.2, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9. 2.10, 2.11, 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, 2.19, 2.20 2.21, 2.22, 2.23, 2.24, 2.25.2, 2.25.3, 2.26, 2.27, all of Article 2. of the second and third subparagraphs of heading 3.5, headings 3.6, 3.8, 3.9, 3.10 and 3.11 of Article 3. Article 6 (10) of Article 6 (10) and Article 6 (10) of Regulation (EU) No 109/2014 of the European Parliament and of the Council of 16 June 2009 on the protection of the environment and the protection of the environment and the protection of the environment the "Official Gazette of the State" of the present Royal Decree and the Technical-Health Regulations approved by the same.

Second.

Exclusively during the period referred to in the first transitional provision, the provisions of the provisions to be repealed by this Royal Decree which refer to matters shall remain in force. specific aspects affected by the provisions of the first transitional provision.

REPEAL PROVISION

Decree 3610/1975 of 5 December 1975 (Official Gazette of the State of 20 January 1976); Royal Decree 2687/1976 of 16 October (Official Gazette of the State of 26 November); the Royal Decree 2354/1986 of 10 October ("Official State Gazette" of 8 November) and any provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

ADDITIONAL DISPOSITION

The provisions of this Royal Decree and the attached Technical-Health Regulations are dictated by the provisions of Article 149.1.10. and 16. of the Constitution.

FINAL DISPOSITION

This Royal Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to June 22, 1990.

JOHN CARLOS R.

The Minister of Relations with the Courts

and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

TECHNICAL-HEALTH REGULATIONS FOR THE MANUFACTURE, CIRCULATION AND TRADE OF COCOA AND CHOCOLATE

PRELIMINARY TITLE

Scope

Article 1. º

The purpose of this Regulation is to define, for legal purposes, which is understood by cocoa and chocolate, and to set the regulatory standards for such products mandatory:

1.1 This Regulation obliges all manufacturers, processors, packers, traders or importers of cocoa and chocolate.

1.2 Cocoa and chocolate manufacturers or processors are considered to be natural or legal persons who, in use of the authorisations granted by the competent bodies, are engaged in the manufacture of cocoa and chocolate. products defined in this Regulation.

TITLE FIRST

Definitions and denominations

Art. 2. º

In accordance with this Regulation, cocoa and chocolate products shall mean products intended for human consumption as defined below:

2.1 Cocoa Grains: Cocoa seeds ("Theobroma" cacao L), fermented and dried.

2.2 Cocoa in grain: Cocoa beans, roasted or not, when they have been cleaned, husked and de-germinated, which do not contain, with the exception of the provisions of Article 4 (4.2), more than 5 per 100 of shell and germ, removed, not more than 10 per 100 from ash, the contents being calculated on the mass of the defatted dry matter.

2.3 Cocoa Fines: Elements of cocoa beans that are presented in the form of small particles collected separately at the time of the husk and the germinated, and which contain at least 20 per 100 fat matter calculated on the mass of the dry matter.

2.4 Cacao in pasta, cacao paste: The cocoa in grain reduced to pasta by means of a mechanical procedure and that has not been deprived of any part of its natural fat matter.

2.5 Cocoa cake: Cocoa in grain or paste processed by a mechanical procedure and containing, with the exception of the definition of the defatted cocoa cake under heading 2.6 of this Article, at least 20 per 100 of cocoa butter, the content of the dry matter being calculated on the mass of the dry matter and not more than 9 per 100 of moisture.

2.6 Torta of lean cocoa, defatted cocoa cake: The cocoa cake whose minimum content in cocoa butter is 8 per 100, calculated on the mass of the dry matter.

2.7 Torque de cacao de torsion ("expeller"): Cocoa grains, cocoa fine with or without cocoa in grain or cocoa cake, processed into cake by "expeller".

2.8 Cocoa powder, cocoa: Cocoa cake, obtained by hydraulic pressure, processed into powder by a mechanical procedure and containing, with the exception of the definition of lean cocoa powder under heading 2.9 of this Article, by at least 20 per 100 cocoa butter calculated on the mass of the dry matter and not more than 9 per 100 moisture.

2.9 Cacao lean powder, lean cocoa, degreased cocoa powder, degreased cocoa: The cocoa powder whose minimum content in cocoa butter is 8 per 100, calculated on the mass of the dry matter.

2.10 Cocoa powder, sugar cocoa, chocolate powder: The product obtained by mixing cocoa powder and sucrose in such a proportion that 100 grams of product contain at least 32 grams of cocoa in powder.

2.11 Sugar family cocoa powder, sugary family cocoa, family chocolate powder: The product obtained by mixing cocoa powder and sucrose in such a proportion that 100 grams of product contain at least 25 grams of cocoa powder.

2.12 Cacao meagre sugared powder, cocoa meagre sugared, cocoa degreased cocoa powder, cocoa degreased cocoa: The product obtained by mixing lean or degreased cocoa powder and sucrose, in such a proportion 100 grams of product contain at least 32 grams of lean cocoa powder.

2.13 Cacao family meagre sugared powder, cacao magro family sugado, cacao desgrasado family sugado en powder, cacao desgrasado family sugado: The product obtained by mixing lean or degreased cocoa in powder and sucrose, in such a proportion that 100 grams of product contains at least 25 grams of degreased cocoa powder.

2.14 Cocoa butter: The fat material obtained from cocoa beans or from cocoa beans and which is in accordance with the following provisions:

2.14.1 Pressure cocoa butter or cocoa butter: The cocoa butter obtained by pressure from one or more of the following raw materials: cocoa in grain, cocoa in paste, cocoa cake, cocoa cake defatted. Responds to the following features:

Insaponifiable content, determined by petroleum ether: no more than 0.35 per 100.

Free fatty acid content: less than 1.75 per 100; expressed as oleic acid.

2.14.2 "Expeller" cocoa butter: The cocoa butter obtained by torsion ("expeller") , from cocoa beans, alone or mixed with cocoa beans, cocoa paste, cocoa cake or lean cocoa cake. Responds to the following features:

Insaponifiable content, determined by the petroleum ether: no more than 0.50 per 100.

Acidity (free fatty acid content): less than 1.75 per 100, expressed as oleic acid.

2.14.3 Refined Cocoa Butter: Cocoa butter obtained by pressure, by torsion (" expeller), by extraction by means of a solvent or by a combination of these procedures, from one or more of the materials following: cocoa beans, cocoa beans, cocoa fine, cocoa in paste, cocoa cake, defatted cocoa cake, "expeller" cake and which is refined in accordance with Article 3 (3) (3); in the case of cocoa fat, produced either by the manufacturer of refined cocoa butter or by another manufacturer, used as a material intermediate premium must have been obtained from the raw materials listed above. Responds to the following features:

Insaponifiable content determined by the petroleum ether not more than 0.50 per 100.

Acidity (free fatty acid content): less than 1.75 per 10 (expressed as oleic acid.

Content in fat from the husk and the germ: not more than, in proportion, to the content of the cocoa beans.

2.15 Cocoa Grase: The fat material obtained from cocoa beans or parts of cocoa beans and which is not in accordance with the characteristics laid down for the different categories of cocoa butter.

2.16 Chocolate: The product obtained from cocoa in grain, cocoa in paste, cocoa powder or lean cocoa powder and sucrose, with or without the addition of cocoa butter, and containing, except for the definitions of chocolate, chocolate with hazelnut gianduja and chocolate cover, at least 35 per 100 of total dry matter of cocoa, 14 per 100 of degreased dry cocoa and 18 per 100 of cocoa butter. These percentages shall be calculated after deducting from the mass the additions provided for in the headings 3.5, 3.6, 3.7 3.8, 3.9 and 3.11 of Article

.

2.16.1 Chocolate to cup: The product obtained from cocoa in grain, cocoa paste, cocoa powder and sucrose, wheat flour or starch, rice or corn, with or without the addition of cocoa butter and containing, as At least one 35 per 100 of the total dry matter of cocoa, 14 per 100 degreased dry cocoa and 18 per 100 cocoa butter, and, at most, 8 per 100 of flour. These percentages shall be calculated after deducting from the mass the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.17 Family chocolate: The product obtained from cocoa in grain, cocoa paste, cocoa powder, cocoa powder and sucrose, with or without the addition of cocoa butter and containing at least 30 per 100 total dry matter of cocoa, 12 per 100 of degreased dry cocoa and 18 per 100 of cocoa butter. These percentages shall be calculated after deducting from the mass the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.17.1 Family chocolate: The product obtained from cocoa in grain, cocoa paste, cocoa powder and sucrose, wheat flour or starch, rice or corn, with or without the addition of cocoa butter and which contains at least one 30 per 100 of the total dry matter of cocoa, 12 per 100 of dry cocoa degreased by 18 per 100 cocoa butter, and, at most, 18 per 100 of flour. These percentages shall be calculated after deducting from the mass the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.18 Copes, noodles, scales, granules or similar forms of chocolate: Chocolate in any of these forms, the minimum content of which in total dry matter of cocoa is 32 per 100 and that of cocoa butter of 12 per 100.

2.19 Chocolate with hazelnut gianduja (or any of the gianduja derivatives): It is the product obtained from chocolate whose minimum dry matter content of the cocoa is 32 per 100, that of the degreased dry cocoa of 8 100 grams of the product contains a minimum of 20 grams and a maximum of 40 grams of such hazelnuts.

In addition they can be added:

Milk or materials derived from the partial or total dehydration of whole milk or milk partially or wholly uncreamed, in such a proportion that the finished product does not contain more than 5 per 100 mass in dry matter total lactic origin, of which a maximum of 1.25 per 100 is butterfat.

Almonds, hazelnuts and nuts, whole or in pieces, in such a proportion that the mass of such additions added to that of the crushed hazelnuts does not exceed 60 per 100 of the total mass of the product.

2.20 Chocolate with milk: The product obtained from cocoa in husked grain, cocoa in paste, cocoa powder, cocoa powder and sucrose, milk, skimmed or semi-skimmed milk, butter or milk Butyric fat or solid materials from the dehydration of milk, with or without the addition of cocoa butter, containing, with the exception of the definitions of chocolate in special forms, chocolate with milk and with hazelnuts gianduja and Milk chocolate cover, a minimum of:

Twenty-five per 100 of total dry matter of cocoa including, at least, 2.5 per 100 of degreased dry cocoa.

Fourteen per 100 of solid matter from the evaporation of milk, including at least 3.5 per 100 of butterfat.

Twenty-five per 100 total fat and a maximum of 55 per 100 sucrose.

These percentages shall be calculated after deducting from the mass the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.21 Family chocolate with milk: The product obtained from cocoa in grain, cocoa paste, cocoa powder or lean cocoa powder and sucrose, milk, skimmed milk or semi-skimmed milk, of raw materials from the total or partial dehydration of milk, butter or butterfat or solid materials from the evaporation of milk, with or without the addition of cocoa butter and containing:

A minimum of 20 per 100 dry matter total cocoa, including at least one 2.5 per 100 degreased dry cocoa.

A minimum of 20 per 100 of solid materials from the evaporation of milk, including at least 5 per 100 of butterfat.

A minimum of 25 per 100 of total fat.

55 per 100, at most, of sucrose.

These percentages shall be calculated after deducting from the mass, the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.22 Cops, noodles, granules or similar forms of milk chocolate: Milk chocolate in any of these forms, the minimum dry matter content of which is 20 per 100, the fat content of which is obtained of the ingredients listed in Article 2.20 of at least 12 per 100 including a 3 per 100 butterfat and the maximum sucrose content of 66 per 100.

2.23 Chocolate with milk and with hazelnuts gianduja (or some gianduja derivatives): The product obtained from chocolate with milk containing a minimum of 10 per 100 of solid materials from milk, by a part, and finely ground hazelnuts, on the other hand, in such a proportion that 100 grams of product contain at most 40 grams and at least 15 grams of hazelnuts.

In addition, almonds, hazelnuts and walnuts, whole or in pieces, may be added in such a proportion that the mass of such additions, added to that of the crushed hazelnuts, does not exceed 60 per 100 of the total mass of the product.

2.24 White chocolate: The product free of colouring matters and obtained from cocoa butter, sucrose, whole milk or solid materials from the total or partial dehydration of milk, milk and milk Total or partly skimmed milk, butter or butterfat containing:

A minimum of 20 per 100 cocoa butter.

A minimum of 14 per 100 of the ingredients of dairy origin that includes at least one 3.5 per 100 of butterfat.

A maximum of 55 per 100 sucrose.

These percentages shall be calculated after deducting from the mass, the additions provided for in the headings 3.5, 3.6, 3.7, 3.8, 3.9 and 3.11 of Article

.

2.25 Chocolate coverings: They are the chocolates made according to the characteristics of some of the following types, expressed on dry matter:

2.25.1 Chocolate Coverage: It's the chocolate whose minimum contents are:

31 per 100 cocoa butter.

2.5 per 100 degreased dry cocoa.

2.25.2 Black or dark chocolate coverage: It's the chocolate whose minimum contents are:

31 per 100 in cocoa butter.

16 per 100 degreased dry cocoa.

2.25.3 Milk Chocolate Coverage:

It is milk chocolate, defined in 2.20 with a minimum total fat content of 31 per 100.

2.26 Chocolate filling: Without prejudice to the provisions applicable to the filling product used, the product filled with pastry, pastry and pastry products, the outer part of which is made of chocolate, of chocolate, of chocolate with hazelnut gianduja, chocolate covers, milk chocolate, milk chocolate, milk chocolate and hazelnut gianduja, of white chocolate and which represents 25 per 100, at least, of the total mass of the product.

2.27 Chocolate Pump: The product of the size of a constituted portion:

Well by stuffed chocolate.

Well by a juxtaposition of chocolate parts, family chocolate, chocolate with gianduja hazelnut, chocolate hedges, milk chocolate, milk chocolate, milk, milk and hazelnuts gianduja or white chocolate and part of other edible materials, provided that the parts of the chocolate products are at least partially and clearly visible and represent at least 25 per 100 of the total mass of the product.

Well for a mixture of chocolate, family chocolate, chocolate hedges, milk chocolate, family chocolate with milk and other edible materials excluding:

Harins, starches and fecules.

Fats other than cocoa butter and fat from milk.

And whenever chocolate products represent 25 per 100, at least, of the total mass of the product.

TITLE II

Permitted and prohibited manipulations

Art. 3. Permitted manipulations.

In the manufacture of cocoa and chocolate the following requirements will be observed:

3.1 The technological procedures used in the preparation and conservation will ensure a correct sanitary and sanitary condition at the time of sale.

3.2 Cocoa beans, cocoa beans, cocoa fines, cocoa in paste, unroasted cocoa cake or not, torsion cocoa cake, degreased cocoa powder or not, can be exclusively alkalized by one or more of the following: of the following products: alkaline carbonates, alkali hydroxides, magnesium carbonate, magnesium oxide, ammoniacal solutions, provided that the amount of added alkalinising expressed as potassium carbonate does not exceed 5 per 100 of the mass of dry and defatted matter.

The addition of citric acid or tartaric acid to the products thus treated is permitted in a proportion not exceeding 0,5 per 100 of the total mass of the product.

The maximum ash content of the product shall be 14 per 100 of the fat defatted, if the product has undergone the treatment envisaged above.

3.3 Cocoa butter may only be subjected to the following treatments: Filtering, centrifugation and other usual physical procedures for clarification.

Also, vacuum water vapor treatment and other physical deodorization procedures may be applied.

3.4 For the refining of cocoa butter, the following substances are authorised: alkaline treatment for neutralisation and treatment of the following substances:

Bentonite.

Active carbon.

Similar substances used for bleaching, authorised by the Ministry of Health and Consumer Affairs.

3.5 The addition of technically pure plant lycithin, whose peroxides index, expressed in milliequivalents per kilogram, does not exceed 10, is permitted for the products listed in Article 2. grain.

The name of the product shall be accompanied by the mention of this addition and its percentage, except where the lecithin is added to the various kinds of chocolate mentioned in paragraphs 2.16 to 2.27, both inclusive.

The products listed in Article 2 may not contain more than 0,5 per 100 of their total mass in phosphatides; however, this percentage shall be increased to 1 per 100 for the various classes of cocoa powder, chocolate family with milk, as well as for chocolate in the form of granules or flakes and 5 per 100 for the various classes of cocoa powder intended for the manufacture of instant preparations, provided that the relevant provisions admit it and that bear an indication of this destination on the packaging and in the commercial documents.

The lecithins used will respond to the characteristics that are set out in the Order of 28 July 1988 ("Official State Gazette" of 12 August) laying down the criteria of purity of lecithins, calcium citrates and orthophosphoric acid, used as additives in the manufacture of food products and propylene glycol used as an antioxidant diluent.

3.6 Excluding aromatic compounds which recall the taste of natural chocolate or milk fat, the addition of natural and identical aromatic substances to natural substances, as well as the ethylvanillin, cocoa in paste and various kinds of cocoa powder, chocolate, milk chocolate, white chocolate, chocolate chocolates and hedges.

3.7 The addition, as ingredients, of other food products, provided that they are in accordance with their corresponding rules, is permitted for the chocolates defined in the headings 2.16, 2.17, 2.20, 2.21, 2.24 and 2.25 of Article

.

3.8 The added amount of these food products, relative to the total mass of the finished product, cannot be.

a) Not less than 5 per 100 and not more than 40 per 100, when added in visible and separable pieces.

b) Higher than 30 per 100 in total, when added in such a way that they are practically undiscernable.

(c) Except as provided in (a) above 40 per 100 in total, when added at the same time in separable pieces and in such a way that practically no discernible can be discerned.

3.9 In the case of stuffed chocolates and chocolate chocolates, the added food products, as referred to in Article 3 (3.7), should not be included in the parts of the chocolate product to be represented, less, 25 per 100 of the total mass, as set out in the definitions set out in the headings 2.26 and 2.27 of Article 2, respectively.

3.10 The products listed in Article 2 are permitted to contain, instead of sucrose:

Crystallised glucose (dextrose), fructose, lactose or maltose, up to a total of 5 per 100 of the total mass of the product and without any need to declare it.

Glucose crystallised (dextrose), in a proportion greater than 5 per 100, but not more than 20 per 100 of the total mass of the product.

3.11 Chocolate, family chocolate, milk chocolate, family chocolate with milk, white chocolate, chocolate filling, as well as chocolate chocolates, may be partially adorned on the surface with edible products, in a maximum quantity of 10 per 100 of their total mass.

In such a case:

(a) The upper limits of 40 per 100 and 30 per 100 set out in Article 3 (10) are covered by the products of ornament.

(b) The limits of less than 25 per 100 fixed for the presence of various kinds of chocolate, in chocolate filling and chocolate chocolates, shall apply to the total mass of the product, including the ornament.

Art. 4. Prohibited Manipulations.

4.1 In the products cocoa beans, cocoa beans, cocoa paste, cocoa cakes and cocoa powder, it is not permitted:

Use different fats from cocoa butter.

Add cacheals or cocoa fines, inert substances, as well as preservatives, artificial dyes or sweeteners, or other unauthorized additives.

Use cacao in poor conservation or attack by parasites, with nagging symptoms and harmful substances.

4.2 Not permitted to be used in the manufacture of chocolate and hedges: Cocoa husks, or fine cocoa, dextrin, inert substances and other similar products not authorised in this Regulation.

4.3 It is prohibited to add:

Harines, starches and fecules, except in those products defined in Article 2, which expressly permit.

Vegetable fats, other than cocoa butter, and animal fats other than butterfat.

4.4 It is not allowed to add to the cacaos, chocolates and hedges, other additives than those that appear in the present Regulations. The Ministry of Health and Consumer Affairs, prior to the report of the Inter-Ministerial Commission for Food Management, may amend them by Order when hygienic-sanitary reasons, subsequent scientific knowledge, the introduction of new techniques or their suitability for the EEC legislation, so they can be advised to do so.

4.5 The presence or use in cocoa and chocolate of:

Substances that by their nature, quantity or quality, are harmful.

Additives not authorized. However, they may contain other additives, in application of the principle of transfer, provided that their presence is solely due to the fact that they are contained in any of their ingredients, for which they are legally authorised and not Meet technological function in the finished product.

Strange impurities to the raw materials used.

Foreign bodies.

Pathogens or harmful to the consumer or to the product itself.

TITLE III

Conditions of industries, materials and personnel

Art. 5. Industrial Requirements.

Cocoa and chocolate factories will meet the following requirements:

5.1 All premises for processing, packaging and in general, handling of intermediate or final products, shall be isolated from any other persons other than their specific tasks and which interfere with such tasks. manipulations.

5.2 Driving vessels, machines and pipes, intended to be in contact with the cacaos or chocolates, their raw materials, intermediate products, shall be made of materials which do not alter the characteristics of their content or the of themselves.

Art. 6. Health-hygiene requirements.

In a generic way, the cocoa and chocolate manufacturing and manufacturing industries will have to meet the following minimum conditions:

6.1 Manufacturing and storage premises and their annexes shall in any case be suitable for use for use, located at a convenient distance from any cause of dirt, pollution or insalubity and separated from homes or premises where you stay overnight or make your meals any kind of staff, so that there are no transfers that can alter your conditions.

6.2 In its construction or repair suitable materials will be used. The pavements will be waterproof, resistant, flame-retardant, providing them with precise drainage systems. The walls and ceilings will be constructed with materials that allow their preservation in perfect conditions of cleaning, bleaching or painting.

6.3 Dispose at all times of drinking water in sufficient quantity for the elaboration, handling and preparation of its products and for the cleaning and washing of premises, installations industrial elements, as well as for staff grooming.

6.4 They will have hygienic services and changing rooms.

6.5 All locals must be kept in a state of great cleanliness and cleanliness.

6.6 All machines and other elements which are in contact with raw materials, working articles and processed products, as well as packaging, shall be such as to be such that they cannot be transmitted to the products, harmful properties and originating, contact with, harmful chemical reactions. The same precautions shall be taken as regards the containers, transport elements, provisional packaging and storage places. All of these elements will be constructed in such a way that they can be maintained in hygiene and cleanliness.

6.7 Contain with adequate services, defenses, tools and facilities in its construction and location to ensure the preservation of its products in the best conditions of hygiene and cleanliness and without contamination by proximity or contact with any kind of waste or waste water, smoke, dirt and foreign matter, as well as the presence of insects, rodents and other animals.

6.8 Allow periodic rotation of stocks, depending on the storage time and storage conditions required by each product.

6.9 The manufacturers or processors of cocoa and chocolate must have access to drinking water, as defined in the Technical-Health Regulations for the Supply and Quality Control of Drinking Water Public consumption or, failing this, will have the necessary facilities for work and water purification, so that, thanks to these treatments, the potential of the resulting water is guaranteed.

6.10 You must have a laboratory or a contracted service, with the necessary material to carry out the controls of raw materials and finished products required by this Regulation. From the analytical determinations made, the data obtained shall be kept for a minimum period of two years.

Art. 7. Personal Conditions.

7.1 The provisions of Royal Decree 2505/1983, of 4 August, for which the Regulation of Food Manipulators are adopted, will be complied with.

Art. 8. General Conditions of Materials.

Any material that has contact with the cacaos and chocolates, at any time of its elaboration, distribution and consumption, will, as appropriate, comply with the provisions of Royal Decree 1125/1982, of April 30, for which approves the Technical-Health Regulations for the elaboration, circulation and trade of polymeric materials in relation to food and food products (" Official State Gazette of 4 June 1982), as amended by the Royal Decree 668/1990 of 25 May 1990 (Official Journal of the State of 31 May 1990) in the Royal Decree 1425/88 of 25 November 1988 approving the Technical-Health Regulations for the manufacture, circulation of trade in plastic materials intended to be in contact with foodstuffs and foodstuffs (Official Journal of the European Communities) State ' 1 December 1988) and Royal Decree 397/1990 of 16 March 1990 laying down general conditions for the use of materials for food, other than polymeric materials (Official Gazette of the State of 27 March 1990), and maintain the proper conditions of conservation, hygiene and cleanliness and meet the conditions next, in addition to those that are specifically outlined in this Regulatory:

8.1 Having an appropriate and/or authorized composition for the purpose to be used.

8.2 Do not transmit to the products covered by this Regulation with which they are in contact, toxic substances or which may contaminate them.

8.3 Do not give any substance to the normal composition of the products covered by this Regulation or which, even if it is so, exceeds the content authorised therein.

8.4 Do not alter the composition characteristics or the organoleptic characters of the products covered by this Regulation.

TITLE IV

Packaging, Labelling, and Tag Out

Art. 9. Packaging.

9.1 The products covered by this Regulation, for commercial distribution, must be made out of the factory properly packaged.

9.2 Packaging characteristics and wrappers:

9.2.1 The materials in contact with the products covered by this Regulation must comply with the provisions of Section 1 of Chapter IV of the Spanish Food Code and provisions that develop it.

9.2.2 The chosen packaging and wraps will not provide any taste, smell of the packaging product, prevent fat transmission, moisture absorption and ensure the protection and isolation of the packaged product.

9.3 The products referred to in this Regulation which are sold in bulk, for further industrial use, shall be in packaging corresponding to that purpose.

In the case of products in liquid or pulverulent state, metallic or macromolecular or tank containers may be used, so as to satisfy the characteristics of the previous paragraph.

If these are solid products, in containers or wrappers in contact with the product, they shall comply with the provisions of paragraphs 10.2.1 and 10.2.2 of this Article. In addition, they shall carry an outer packaging which shall protect the unit, such as paper and cardboard (plasticised or not), wood, paper sacks, macromolecular compounds and metallized papers; in any case, they shall comply with the above conditions.

9.4 Chocolate discs, called "croquettes" or similar products, shall be individually wrapped in one of the materials described in paragraphs 9.2.1 and 9.2.2 of this Article and placed in a global package unit.

This global packaging may be of the same materials.

9.5 Coins or similar presentation products will be wrapped in aluminum or metallized paper and placed in a global package.

9.6 The cacaos powder, in their different types, shall be packed in bags, cases, boxes, boats of the materials referred to in the headings 9.2.1 and 9.2.2 of this Article and complying with the characteristics listed in the same.

9.7 Chocolate, family chocolate, chocolate with hazelnuts gianduja, chocolate with milk, family chocolate with milk, chocolate with milk and hazelnuts gianduja, white chocolate and chocolate stuffed, when you In the form of a tablet or a bar with a nominal amount of between 85 and 500 grams, they shall be marketed only in the following nominal quantities: 85 grams, 100 grams, 125 grams, 150 grams, 200 grams, 250 grams, 300 grams, 400 grams and 500 grams.

9.8 The chocolate to the cup and familiar to the cup, when presented in the form of a tablet or a bar with a nominal amount of between 100 and 500 grams, will only be marketed in the following nominal quantities: 100 grams, 150 grams, 200 grams, 250 grams, 300 grams, 350 grams, 400 grams, 450 grams and 500 grams.

9.9 The cocoa powder products defined in this Regulation, when packaged in formats with nominal quantities between 50 grams and 1 kg, shall be marketed only with the following nominal quantities: 50 grams, 75 grams, 125 grams, 250 grams, 500 grams, 750 grams and 1 kilogram.

9.10 The net quantity must comply with the General Standard for the control of the effective content of packaged food products, approved by Royal Decree 723/1988 of 24 June ("Official State Gazette" of 8 July).

Art. 10. Labeling and tagging.

The labelling and labelling of packaging must comply with the General Standard for Labelling, Presentation and Advertising of Packaged Food Products, approved by Royal Decree 1122/1988 of 23 September 1988. ("Official State Gazette" of 4 October), with the following particularities:

10.1 Product Name. These shall be those provided for in this Technical-Health Regulations referred to in the first Title.

10.1.1 In the case of stuffed chocolate, this name shall be accompanied by a consumer information note on the product used for filling, taking into account the applicable provisions, where appropriate, to the latter.

10.1.2 For filled chocolate and chocolates obtained from chocolate products other than chocolate or chocolate cover, the name of the product shall be supplemented by a qualifier indicating the nature of the type or types of chocolates thus used.

10.1.3 The main name "chocolate" or "milk chocolate" may be supplemented by a non-error-inducing qualifier, which refers to the quality of the product, if:

The chocolate contains at least one 43 per 100 of the total dry matter of cocoa and includes at least 26 per 100 cocoa butter.

Milk chocolate containing no more than 50 per 100 of sucrose contains at least 30 per 100 of the total dry matter of cocoa as well as 18 per 100 of solid materials from milk and includes at least one 4.5 per 100 dairy fat.

10.1.4 For chocolate to the cup and family to the cup, the expression "for its cooked consumption" must be included, accompanied by the name.

10.1.5 In the case referred to in Article 3 (3.6), a reference to this addition shall accompany the name of the product:

Cocoa in paste and hedges.

Various classes of cocoa powder, chocolate and milk chocolate, other than those of cover, as well as white chocolate, when the taste of the aroma or the aromatic substance is predominant.

This mention will be made:

In case of use of an aroma, indicating the name of this aroma.

In the case of use of aromatic substances other than ethylvanillin, by means of the indication accompanying the designation "with flavour to ..." or "with aroma to ..." accompanied, in characters of the same dimensions, of an indication that the nature of the aroma is specified. Any reference to a natural origin shall be reserved for natural aromatic substances.

In case of use of ethylvanillins, indicating "with ethylvaniIlin" or "aromatised with ethylvanillin".

10.1.6 A reference to the added edible materials shall accompany the name of the products covered by this Regulation.

This mention will be prohibited for:

Milk and dairy products when the final product contains less than those set by this Regulation for both ingredients.

Coffee and spirits, when the quantity of each of them is less than 1 per 100 of the total mass of final product.

Other food products added in such a way that it is practically impossible to discern, when the quantity of each of them is less than 5 per 100 of the total mass of the final product.

10.1.7 The name of the product shall be accompanied by the words "with crystallised glucose" or "with dextrose" in the case provided for in the second indent of Article 3 (10

.

10.2 Other mentions:

10.2.1 For products, sugary cocoa powder, family cocoa powder, cocoa powder, sugar powder, family cocoa powder, chocolate, family chocolate, milk chocolate, family chocolate with milk, chocolate to the cup, chocolate familiar to the cup must indicate the total dry matter of cocoa, by means of the compulsory mention "cocoa ... for 100 minimum".

10.2.2 In the case of hollow mold products, the indication of the net quantity is allowed to be replaced by the indication of the minimum net mass.

TITLE V

Exporting and importing

Art. 11. Export and import.

11.1 The foodstuffs covered by this Regulation, which are to be drawn up for export to non-Community countries and do not comply with the provisions of this provision, The word "Export" shall be printed on its packaging. In addition to your label, you must carry the word "Export" or any other sign that is regulated and that allows you to identify unequivocally to prevent the product from being marketed and consumed in Spain.

10.2 Imported products from countries outside the European Economic Community shall comply with the requirements of the composition laid down in this provision, without prejudice to the provisions of this Directive. international agreements on the subject matter and which are applicable in Spain.

TITLE VI

Analysis methods

Art. 12.

12.1 The products referred to in this Regulation shall apply to them as Official Analysis Methods as set out in the Annex to this Regulation.

12.2 A cocoa butter shall be applicable to the analytical indices set out in the Annex to this Regulation.

12.3 The proposing ministers are authorised to modify these Official Analysis Methods by Order and prior to the provision of the Inter-Ministerial Commission for Food Management.

ANNEX

1. Methods of analysis:

a) Organoleptic examination, according to Norma OICC 2/1963.

b) Humidity, according to OICC Standard 3/1952.

c) Ashes, according to OICC Standard 4/1973.

d) Total nitrogen (protein), according to OICC Standard 6/1972.

e) Milk proteins, according to OICC Standard 6 b/1973.

f) Total Fat, according to OICC Standard 8/1972.

g) Lecithin, according to Standard AOAC 13049/1975.

h) Lactose, according to Norma OICC c/1960.

i) Sucrose, according to OICC Standard 7 b/1960.

j) Extraction of fat, according to Norma AOAC 13037/1975.

k) iodine index, according to Norma UNE 55,013.

l) Refraction index, according to Standard UNE 55,015.

m) Unsaponifiable residuum to the petroleum ether, according to Norma UNE 55,004.

n) Composition of fatty acids by gaseous chromatography, according to Norma UNE 55,037.

n) Analysis of sterols by gaseous chromatography, according to Norma UNE 55,019.

o) Presence of trans isomers by infrared spectroscopy, according to Norma UNE 55.112.

2. Normal analysis of cocoa butter, and therefore unadulterated cocoa butter, in relation to the fatty contents are considered to be those which meet the following values:

Normal cocoa butter analysis in relation to fat content and types.

iodine index: 32-41.

Refractive Index: 1,456-1,458.

Unsaponifiable residue: 1.

Fatty acid composition:

* (mass percentage of methyl esters):

Butirico (C₄):-.

Caproic (C₆):-.

Caprilic (C₈):-.

Capric (C₁₀) **:-.

Lauric (C₁₂) ** 0.0-0.1.

Myristic (C₁₄) **: 0.0-0.3.

Palmitic (C₁₆): 23.0-30.0.

Palmitoleic (C₁₆ =): 0.0-1.0.

Heptadecanoic (C₁₇): 0.0-0.5.

stearic (C₁₈): 30,0-37.0.

Oleic (C₁₈ =): 31.0-39.0.

Linoleic (C₁₈2 =): 1.5-4.5.

Linolenic (C₁₈3 =): 0.0-0.3

Araquico (C₂₀): 0.0-1.5.

Fatty acid relationships:

Myristic (C₁₄) * *

-
	12) * *
	Laurico (C12) * *	-
10) * *
(C18 =)	0.8-1.3
stearic (C18
16	0.5-0.9
Oleic (C18 =)
		Oleic (C18 )	-
Linoleic (C18 2 =)

Determination of trans isomers: Absence.

Intervals for the sterol composition:

Cholesterol: 0.0-2.5.

Campesterol: 7-11.

Stigmasterol: 22-32.

Beta-Sitosterol: 55-70.

Notes to the settings box:

* With respect to the composition in fatty acids, only the acids of interest are noted in this case, for control purposes (there may be traces of C₁₃, C₁₅, C₂₀ , and C₂₂).

** To quantify C₁₀, C₁₂ , and C₁₄ acids, you can either use an electronic integrator or perform the measurement with the height method for retention time.