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Royal Decree 1094 / 1987, Of 26 June, Which Approves The Reglamentación For Processing, Manufacturing, Circulation And Trade Of Cereals Flakes Or Expandidos.

Original Language Title: Real Decreto 1094/1987, de 26 de junio, por el que se aprueba la Reglamentación Técnico-Sanitaria para la elaboración, fabricación, circulación y comercio de Cereales en Copos o Expandidos.

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TEXT

The Decree of the Presidency of the Government number 2484/1967, of 21 September ("Official State Gazette" of 17 to 23 October), approving the text of the Spanish Food Code, provides that they may be subject to Special regulations on matters in the regulated area.

Published the Decree of the Presidency of the Government number 2519/1974, of 9 August ("Official State Gazette" of 13 September), on the entry into force, application and development of the Spanish Food Code, it is necessary to dictate Regulations set out in the same.

In its virtue, on the proposal of the Ministers of Industry and Energy, of Economy and Finance, of Agriculture, Fisheries and Food and of Health and Consumer, in accordance with the mandatory report of the Inter-Ministerial Commission for the Food and food planning and prior deliberation by the Council of Ministers at its meeting on 26 June 1987.

DISPONGO:

Single item.

The attached Technical-Health Regulations for the Elaboration, Circulation and Trade of Cereals in Copes or Expanded are approved.

TRANSIENT DISPOSITION

The reforms and adaptations of existing facilities, arising from the requirements incorporated in this Regulation that are not the result of legal provisions in force and, in particular, the provisions of the Decree 2519/1974, of 9 August, on the entry into force, application and development of the Spanish Food Code, shall be carried out within twelve months of the publication of this Regulation.

REPEAL PROVISION

As of the entry into force of this Royal Decree, all provisions of the same or lower rank shall be repealed as set out therein.

Given in Madrid to June 26, 1987.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ

TECHNICAL-HEALTH REGULATION FOR THE MANUFACTURE, CIRCULATION AND TRADE OF FLAKED OR EXPANDED CEREALS

TITLE FIRST

Scope

Article 1. º

The purpose of this Regulation is to define, for legal purposes, what is meant by flaked or expanded cereals and to fix, on a compulsory basis, the rules for the production, marketing and, in general, (a) the health and safety of such products. It shall also apply to imported products.

This Regulation obliges processors, traders, as well as importers of flaked or expanded cereals.

They are considered to be processors, traders and importers of flakes or expanded cereals, natural or legal persons who, in use of the authorizations granted by the competent official bodies, dedicate their activities for the production, placing on the market and import of the products defined in Article 2. of this Regulation.

TITLE II

Definitions and denominations

Art. 2. º

2.1 Definitions.-Cereals in the form of flakes or expanded foodstuffs made from grains of healthy, clean and good quality cereals, whole, whole, or parts thereof, prepared by means of techniques, In this Regulation, Article 7, which is suitable for consumption directly or after cooking, is indicated in this Regulation. They may contain additional authorised ingredients.

2.2 Denominations. -They shall be designated by the name of the cereal or basic cereals and the name of the process or processes characteristic of the processing in question.

TITLE III

Conditions of the establishments, materials and personnel

Art. 3. Industrial Requirements.

Elaborate, flaked or expanded cereal industries will meet the following requirements:

3.1 All premises for processing, packaging and, in general, handling of raw materials, intermediate or final products, shall be isolated from any other non-specific tasks.

3.2 The regulations in force on pressure vessels, high and low voltage electrotechnics and, in general, any other industrial and occupational hygiene regulations which, according to their nature or their nature, will be applicable to them. end, appropriate.

3.3 The containers, machines and utensils intended to be in contact with the finished products, with their raw materials or with their intermediate products, shall be made up of materials which do not alter the characteristics of the product.

3.4 The flaked or expanded cereal industries must have an adequate surface for the production, variety, handling and volume of production and storage, with isolated location and indirect access to the hygienic services, offices and changing rooms.

3.5 Water used in the manufacturing process will be potable from physical, chemical and microbiological points of view. In all cases, it must comply with the existing regulations on drinking water.

Water may be used for other characteristics in steam generators, fire hydrants or auxiliary services provided that there is no connection between this network and that of drinking water and that the water and steam of these characteristics is not in contact with the product.

3.6 Whether solid fuels such as liquids or gaseous fuels are used, smoke and gas evacuation facilities will comply with regulatory conditions on air pollution. The storage of fuels must be perfectly insulated from the production and storage areas of semi-finished products, finished products and raw materials. In the different processes of production of the products subject to this Regulation, the calorific foci may use solid fuels, liquids, gaseous or electric energy. When solid fuels are used and the product is in contact with the flue gas or flue gas, they must be of such a nature that they cannot cause any harmful pollution to them. It shall be prohibited to use wood or other materials which may provide unpleasant odour or taste, as well as to release toxic substances in combustion. Where liquid fuels are used, raw materials, intermediate products or final products shall in no case be brought into contact with the fumes and flue gases.

Art. 4. Health-hygiene requirements.

In a generic way, the processing industries of flaked or expanded cereals will have to meet the following minimum conditions:

4.1 The processing or storage premises and their annexes shall in any case be suitable for use for use with easy and extensive access to a convenient distance from any cause of dirt, pollution or insalubity, and rigorously separated from homes or premises where you sleep or make your meals any person.

4.2 In its construction or repair, suitable materials will be used and, in no case, susceptible to causing poisoning or contamination. The pavements shall be waterproof, resistant, washable and flame retardant, equipped with suitable drainage systems. The facilities will have the regulatory fire protection.

4.3 The ventilation and lighting, natural or artificial, shall be the regulations and, in any case, appropriate to the destination, capacity and volume of the premises, according to the purpose for which it is intended.

4.4 Appropriate lighting will be provided to the areas of clothing and toilets, as well as to the areas where the ingredients that are processed or stored are examined and where the utensils and machinery are cleaned. Light bulbs, screens, skylights or other suspended glass appliances on food products shall be of high safety or be adequately protected to prevent contamination of the product in the event of breakage.

4.5 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 and industrial elements, as well as for personal grooming.

4.6 There will be hygienic services, with attached washbasin, and changing rooms in number and features to what is foreseen, in each case, the legislation in force.

The premises where the products are handled shall be equipped with automatic closing washing machines, as necessary, with soap and single-use towels or hot air dryers.

4.7 All premises must be kept constantly in a state of great cleanliness and cleanliness, which must be carried out by the most appropriate methods for not raising dust or causing alterations or contamination.

4.8 All machines and other elements with raw or auxiliary materials, articles in the making, processed products and packaging shall be such as to be such that they cannot be transmitted to the product Harmful and originating, in contact with it, chemical reactions.

Equal precautions will be taken for containers, transport elements, provisional and local storage containers. All elements will be constructed in such a way that they can be kept in perfect hygiene and cleaning conditions.

4.9 Waste and waste shall be transported, stored and disposed of in such a way as to minimise the development of odour and prevent the attraction of parasites, avoiding contamination of the product as well as surfaces in contact with the product, soil or water supplies.

4.10 Contain with the appropriate facilities in its construction and site to ensure the preservation of food and food products in optimal conditions of hygiene and cleanliness, avoiding their contamination, so as the presence of insects and rodents.

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

4.12 Other technical, sanitary, hygienic working conditions established or to be established, in their respective competencies, by the Public Administration Bodies.

Art. 5. General Conditions of Materials.

Any material that has contact with the flaked or expanded cereals, at any time of their manufacture, distribution and consumption, will maintain the following conditions, in addition to those other than specifically mentioned in Regulation:

5.1 Having an appropriate and authoritative composition, if any, for the purpose of being intended.

5.2 Do not give up toxic substances, pollutants and, in general, external to the normal composition of the products covered by this Regulation or which, even if not, exceed the content authorised therein.

5.3 Do not alter the composition characteristics or organoleptic characteristics of the flaked or expanded cereals.

Art. 6. Personal Conditions.

Staff working on the manufacturing, processing and/or packaging of products covered by this Regulation shall comply with the following requirements:

6.1 You will use appropriate clothing for your work, with due cleanliness and hygiene. Staff engaged in the processing process will be required to wear the hair properly collected with a cap, cap or net.

6.2 Wash your hands frequently and disinfect them when necessary to prevent contamination of microorganisms in the right place before starting work, each time the work is abandoned and in any other When the hands have become dirty or contaminated, it is also prohibited to wear the painted nails.

6.3 It shall not carry objects that may be detached, and in cases where the product is handled, no ornament object may be carried in the hands.

6.4 It is forbidden to eat, drink, smoke, and chew gum or tobacco in the production facilities.

6.5 Any producer suffering from any disease, illness or illness is obliged to make the fact known to the Company's Diretion, which, after consulting it, will determine the origin or not of the their continuation in that job, if the latter involves contagion for the product manufactured or stored, until the health risk is removed.

6.6 All personnel who are in contact with these foods must possess handling meat.

6.7 The personal hygiene of all employees will be extreme and must meet the general obligations, health status control and others that specifies the Technical-Health Regulations on approved food handlers. by Royal Decree 2505/1983 of 4 August (Official Gazette of the State of 20 September).

Art. 7. Process of elaboration. Permitted and prohibited manipulations.

7.1 Processing processes. -Products covered by this Regulation may be prepared by one or more of the following processes:

7.1.1 Moleat. -Fraction of the grain in several parts that can be separated by different procedures.

7.1.2 Coction. -Treatment of the cereal with water vapor, in closed or open container, in order to gelatinize the starches and convert it into digestible.

7.1.3 Crashed.-Cooked cereal mechanic.

7.1.4 Laminate. -Similar to the crushed, only the obtained form is thinner and elongated.

7.1.5 Inflated. -Application of heat and/or pressure to the cereal in order to achieve its expansion.

Inflating can be obtained, among others, by the following procedures:

Cooking and Extrusion.

Compression and expansion.

Simple application of heat.

7.1.6 Estriate. -Forced, atmospheric pressure, from cooked cereal through blades.

7.1.7 Extrusion. -Forced, high pressure, of the whole cereal or its parts, through a matrix with perforations and subsequently cut, in order to obtain various forms.

7.1.8 Secado. -Decrease of the moisture content of the primitive or processed cereal, using appropriate techniques.

7.1.9 Roasting. -Application of heat to the primitive or processed cereal, in order to modify the color, texture, flavor or aroma.

7.1.10 Coating. -Application of various ingredients, such as liquid sugar, syrups, etc., or other aromatic substances authorized on the surface of the primitive or processed cereal.

7.2 Permitted and prohibited manipulations.-In the manufacture of flaked or expanded cereals, the following requirements shall be observed:

7.2.1 The manufacturing systems used for manufacturing and conservation will ensure a correct sanitary and sanitary condition at the time of sale.

7.2.2 The manufacture of flaked or expanded cereals is prohibited by a fermentative process.

7.2.3 Only flaked or expanded cereals may be sold in bulk when they are produced in the public face, in establishments and in street stalls, keeping the appropriate processing and handling standards.

TITLE IV

Administrative Records

Art. 8. º

8.1 The industries involved in the activities covered by this Technical-Health Regulations must register in the General Health Register of Food, in accordance with the provisions of Royal Decree 2825/1981, of 27 of November ("Official State Gazette" of 2 December), without prejudice to the other Records required by the legislation in force.

When these manufacturers carry out additional processing, they must be included in the documentation submitted when they register with the General Health Food Register and must comply with the requirements established in the Specific Technical-Health Regulations.

8.2 The processing and packaging of flakes or expanded cereals in installations or industries that do not have the regulatory authorisations is prohibited.

TITLE V

Raw materials and other ingredients

Art. 9. Ingredients.

In the manufacture of flaked or expanded cereals, the use of the following products shall be authorised, which shall comply with the requirements of their specific regulations and, failing that, in accordance with Article 1 (1) of Directive in the Spanish Food Code.

9.1 Raw materials. -Wheat, corn, rice, oats, barley, rye, and other whole or chopped edible cereals.

9.2 Other ingredients.

9.2.1 Cocoa, dried fruit or vegetables, nuts, milk powder, malt, honey. This enumeration is not limited in character.

9.2.2 Water, common salt, and sugars and/or sweeteners authorized for these products.

9.2.3 The flaked or expanded cereals that have incorporated enriching substances will be in accordance with the provisions of the existing legislation on enriched foods.

Art. 10. Food additives.

The following stipulations concerning additives and their specifications have been sanctioned by the Ministry of Health and Consumer Affairs, prior to the mandatory report of the Inter-Ministerial Commission for Food Management.

The list of additives may be amended by Order of the Ministry of Health and Consumer Affairs, on a proposal from the Directorate-General for Food Health and Consumer Protection, subject to the Commission's mandatory report. Inter-ministerial for Food Management, where hygiene-health reasons or their suitability for EEC legislation so advise.

The additives listed below must comply with the standards of identification, quality and purity prescribed by the Ministry of Health and Consumer Affairs, prior to the mandatory report of the Inter-Ministerial Commission for the Food Management.

Positive list of authorised additives for use in the manufacture of flaked or expanded cereals

Additives

Palmitil-6-L-ascorbic acid (ascorbilo palmitate)

E-332

E-334

Number

Maximum usage

1. Antioxidants:

L-ascorbic acid

L-ascorbate

E-301

E-301

rowspan="2">

300 ppm, isolated or in conjunction, expressed in ascorbic acid

L-ascorbate

E-302

. Stabilizers and emulsifiers

(expanded cereals only):

E-410

10,000 ppm.

Mono and diglycerides food fatty acids

E-471

20,000 ppm.

Polyglycerol esters with food fatty acids

E-475

10,000 ppm.

3. pH regulators:

Calcium carbonate

citric acid

E-330

Sodium Citrate

E-332

E-332

E-334

E-334

Sodium Tartrate

E-335

Potassium Tartrate

E-336

Art. 11. General and specific characteristics of finished products.

11.1 General characteristics. -The different types of flaked or expanded cereals must meet the following general conditions:

11.1.1 Proceed from raw materials that are not altered, adulterated, or contaminated.

11.1.2 The content of pollutants, pesticides and toxic substances must not exceed the limits laid down in existing legislation and international standards accepted by the Spanish State.

11.1.3 Humidity.

11.1.3.1 Maximum Humidity: Not exceeding 12 per 100.

11.1.4 Microbiological standards. -Flaked or expanded cereals will meet the following specifications:

Total count of mesophilic aerobes (31 +-1 ° C): Maximum 1 × 104 col/g.

Escherichia Coli: Absence /g.

Salmonella: Absence /25 g.

Mohos and yeasts: Maximum 1 × 102 col/g.

Bacillus cereus: Tolerance 1 × 101 col/g.

11.1.5 Heavy metals. They will not contain heavy metal residues in larger quantities than those that correspond to the limits allowed in their raw materials and ingredients.

11.2 Specific Features.

11.2.1 The products of each type of cereal in the form of flakes or expanded grains must be adjusted in their composition and characteristics to those declared in the Memory presented by the manufacturer when they are registered in the General Health Register of food.

11.2.2 In expanded flakes, authorised additives may be used for this type of product and other authorised additives for the various ingredients provided that the sum of the ingredients does not exceed the limits maximum established for finished products, taking into account the principle of transfers. The use of these active substances will never lead to confusion for the consumer as regards the actual composition of the product and the denomination with which it is sold.

TITLE VI

Packaging, Labelling, and Tag Out

Art. 12.

12.1 Packaging and packaging of flaked or expanded cereals may be of cardboard, cellulosic material, sulphurised, paraffin, metallized or plasticised of cellophane, of macromolecular compounds, authorised for this purpose or of any other material authorised by the relevant Directorate-General of the Ministry of Health and Consumer Affairs.

Art. 13.

13.1 The labelling of packaging and the labelling of packaging must comply with the provisions of Royal Decree 2058/1982 of 12 August 1982.

13.2 Net Content. -It will be expressed using the gram or kilogram as units of measure.

The tolerance as to the verification of the effective content of the packaging for the products by this Regulation, will be in accordance with the provisions of this sense in Royal Decree 2506/1983, of 4 August (" Bulletin State Officer of 20 September, approving the general rule for the control of the effective content of foodstuffs.

13.3 The information on the labelling of packaging of products subject to this Regulation intended for the final consumer or to restaurants, hospitals or other establishments and similar collectivities shall consist of: obligatorily of the following specifications:

13.3.1 Name of the product. -It shall be designated by the name of the cereal or basic cereals and the name of the process or characteristic processes, of the elaboration in question.

13.3.2 List of ingredients. -Ira preceded by the legend "Ingredients":

All ingredients shall be mentioned by their specific name, in descending order to that of their masses.

Additives shall be designated by the name of the generic group to which they belong, followed by their specific name or, exceptionally, by the number assigned by the Directorate-General for Food Health and Consumers.

13.3.3 Product Dates.

13.3.3.1 Using the "Consuming preferentially before ..." legend, followed by the month and year in that order.

13.3.3.2 The date defined in the previous point will be indicated as follows:

The month, with its name or the first three letters of that name, or with two digits (01 to 12) that correspond.

The year with its four figures, or its final two figures.

The above indications will be separated from each other by blanks, dot, dash, etc., except when the month is indicated in letter.

13.3.3.3 It may be admitted that the date is indicated by a deadline from another date already entered, provided that both are listed together on the label.

13.3.4 Identification of the Company.-The name or the name and the name and address of the manufacturer, packer or seller established in the European Economic Community, as well as the other names, shall be stated. specifications set out in paragraphs 13.2 and 13.3 of Article 13 of Royal Decree 2058/1982.

13.3.5 Identification of the batch of manufacture. -Any packaging must bear an indication to identify the batch of manufacture, with the form of such identification at the discretion of the manufacturer. This indication shall be required only for the products covered by this Regulation, manufactured or packaged in Spain. The documentation in which the data necessary for the identification of each batch of manufacture shall be made available to the competent authorities of the administration shall be made available.

13.3.6 The maximum moisture content of the product must be expressed on the label.

13.3.7 The labels of the packages shall include:

Denomination of the product or brand.

Number and net contents of containers.

Company name or reason or company name.

Instructions for conservation, if necessary.

It will not be mandatory to mention these indications as long as they can be clearly and easily determined on the labelling of packaging without the need to open the packaging.

13.3.8 The products covered by this Regulation imported from non-Community countries, in addition to the labelling of their packaging and the labels of their packaging, the specifications of Article 12 shall be record the country of origin.

13.3.9 Presentation.-Mandatory data on the labelling of packaging or on the labelling of packaging must appear in clear, visible, indelible and easily readable characters by the consumer.

This information should not be masked by drawings or any other text or image, written, printed or graphic.

Mandatory data on the labelling of food products placed on the market in Spain will necessarily be expressed, at least, in the official Spanish language of the State.

13.3.10 The instructions for the proper use of the food products covered by this Technical-Health Regulation shall be indicated when their omission may cause incorrect use of the foodstuffs.

TITLE VII

Transportation, storage, sales and foreign trade

Art. 14.

14.1 The transport and storage of flaked or expanded cereals must be made independently of toxic substances, parasiticides, rodenticides and other agents of prevention and extermination, as well as found in contact with altered, contaminated, adulterated or counterfeit foods.

Flaked or expanded cereal products will always be transported and sold properly packaged, packaged and labeled, and will be sold to the public in their integrated packaging.

All places where cereals are stored in flakes or expanded, even if they are provisional, as well as means of transport, must comply with the conditions laid down in Chapter VI of the Food Code. Spanish.

The products covered by this Regulation which are intended for raw materials for other food industries must include in the documentation accompanying their consignment the provisions of Article 13 (1) (1) of this Regulation. Regulation and relationship of ingredients.

14.2 Foreign trade.

14.2.1 Import. -The import products covered by this Technical-Health Regulations coming from non-Community countries, in addition to complying with the provisions laid down in this Royal Decree, they must also state on their labelling the country of origin.

14.2.2 Export. -Food products covered by this Regulation which are prepared for export to countries outside the European Economic Community and do not comply with the provisions of this Regulation. Regulations, must be packaged and labelled in such a way as to be clearly identified, bearing in printed characters the word "Export", not being able to be marketed or consumed in Spain, except for authorization expressed by the responsible ministries, following a favourable report from the Commission Interministerial for Food and Food Management, provided that they do not affect health conditions.

TITLE VIII

Competencies and Responsibilities

Art. 15.

15.1 Competences and inspections. -Competent Ministries shall ensure compliance with the provisions of this Regulation in the field of their respective competences and through administrative bodies They shall coordinate their actions and, in any event, without prejudice to the powers of the Autonomous Communities and the Local Corporations.

15.2 Responsibilities. The responsibility inherent in the identity of the product contained in non-open containers, integrated, corresponds to the signature whose name is on the label.

The liability arising from the lack of quality of the product contained in non-open packaging, integrated, corresponds to the signature whose name appears on the label, except where, at the time of the inspection, the verify that the holder has not complied with the instructions for the proper preservation of the product on the labels or packaging of the product.

In the case of bulk products or in open containers, the holder of the products shall be responsible.

TITLE IX

Sampling and analytical methods

Art. 16.

The proposing ministries are authorized to provide, on a proposal from the competent bodies, by Order and with the prior report of the Inter-Ministerial Commission for Food Management, to issue corresponding analysis officers.

Until such time, they may be used by national or international organizations of recognized solvency.

TITLE X

Sanctioning Regime

Art. 17.

The infringements of the provisions of this Regulation shall be sanctioned in each case by the competent authorities in accordance with the laws in force and with the provisions of Royal Decree 1945/1983 of 22 June 1983. (a) the rules governing infringements in the field of consumer protection and agri-food production, subject to the instruction of the relevant administrative file. In any event, the following information shall be immediately available to the health authorities concerned by the instructor of the file, where health offences are detected.