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The Royal Decree 1113 / 2006, of 29 September, laying down the quality standards for cheeses and cheeses, constitutes the basic regulations that govern in Spain on these products, establishing in annexes I and II, respectively, for processing and marketing quality requirements.
In the time elapsed from the approval of said real Decree, is have produced changes in the normative food of the Union European and also of character technological, that advise introduce a series of modifications in them cited standards of quality, to adapt them to the situation current.
In the interest of a greater clarity of the information food provided to the consumer, is timely delete them denominations optional of them cheese according to the content of matter fat, planned in them cited standards of quality, in order to them statements of nature beneficial on the content or absence of fat that can make is in the labeling of these products, is made according to them standards of the Regulation (CE) No. 1924 / 2006 the European Parliament and of the Council of 20 December 2006 on nutritional declarations and health claims on foods.
Moreover, in line with the standard general of the «Codex Alimentarius» for the cheese, is necessary incorporate, as possible ingredients optional of them cheese, them materials obtained of the milk, between which is found them caseins and caseinates, technologically necessary for the elaboration of certain types of cheese.
At the same time, it must be adapted with regard to treatment with smoke and, in general, to delete the references to food additives of the above-mentioned standards of quality, given the harmonisation of these matters in the European Union.
Also, as envisaged it previous standard general of labeling, presentation and advertising of them products food, approved by Real Decree 1334 / 1999, of 31 of July, the labeling of them cheese, in all them cases, except it sale fractional, should meet them requirements of information mandatory of the labeled that governed, in that time, for them products packaged and is timely ensure that this criterion is applies , equivalent form, with the current Community rules on food information to the consumer.
In this sense, and in order to achieve the necessary transparency of the market, the labelling of the cheese that is sold in whole pieces with the label directly attached to the bark and that, therefore, they are not strictly covered by a container, you must meet the same requirements of food information, established for products packaged in Regulation (EU) No. 1169 / 2011 of the European Parliament and of the Council 25 October 2011, on food information to the consumer and that amending regulations (EC) No. 1924 / 2006 and (EC) No. 1925 / 2006 of the European Parliament and of the Council, and by repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC , Directive 2000/13/EC of the European Parliament and Council Directives 2002/67/EC and 2008/5/CE of the Commission, and Regulation (EC) No. 608/2004 of the Commission, exceptola mention of the nutritional information that is mandatory for the packaged cheeses, from December 13, 2016, and other exceptions may be applied to products unpackaged.
Moreover, food information of cheeses that are packed at the place of sale, shall be governed by the provisions in the Real Decree 126/2015, 27 February, which approves the general rule concerning the food information of foods that are presented for sale to the ultimate consumer and to mass caterers without prepackaging , the packed in places of sale, at the request of the buyer and the packaged by the proprietors of the trade to the retail.
Consequently, it is appropriate to amend annexes I and II of the Royal Decree 1113 / 2006, of 29 September, laying down quality standards for cheeses and cheeses, in order to respond to technical issues that make appropriate it, as well as its suitability for food law in the European Union and, in order to provide adequate consumer information and promote the competitiveness of the sector.
In the process of elaboration of this standard have been consulted the autonomous communities and the organizations representing the sectors concerned, having issued a favorable report of the inter-ministerial Commission for food management.
This provision has been subjected to the procedure laid down in Directive 98/34/EC, the European Parliament and the Council, of 22 June, by establishing an information procedure in the field of standards and technical regulations, and in the Royal Decree 1337 / 1999 of 31 July, which regulates the submission of information on standards and technical regulations and regulations concerning the services of the society of the information, that incorporates this directive to the law legal Spanish.
In addition and after consulting the sector and the autonomous communities, this Royal Decree includes a final provision that modifies Royal Decree 4/2014, 10 January, which approves the quality standard for meat, ham, palette and Iberian Loin Shanks, article 3 of which provides that the Iberian breeding animals and duroc are enrolled in the appropriate stud book. On the adaptation for the racial characteristics was granted a transitional period of 2 years, but after an important part of this transitional period, the sector is having an adaptation more slowly than expected in relation to the players duroc, so it is necessary to modify the wording of the second transitional provision of the Royal Decree, extending the transitional period for males duroc to four years.
By virtue, on the proposal of the Minister of agriculture, food and the environment and the Minister of health, social services and equal, according to the Council of State and after deliberation by the Council of Ministers at its meeting of September 11, 2015, have: first article. Modification of annex I of Royal Decree 1113 / 2006, of 29 September, laying down standards for cheeses and cheeses.
Annex I, quality standard for cheeses, of the Royal Decree 1113 / 2006, of 29 September, laying down the quality standards for cheeses and cheeses, is to be re-worded as follows: one. Paragraph 2.3 is deleted.
Two. Is added in paragraph 3.2, a new subsection 3.2.7, which is drawn up in the following way: «3.2.7. Other products obtained from milk and are typical of its composition, including casein and caseinates, provided that the relationship between serum protein and casein is equal to or greater than the milk.»
3. Paragraph 4 shall be deleted.
Four. Paragraph 5, is drawn up in the following way: «(5. Recubrimiento y tratamiento de superficie: a) for the coating of cheese can be used, other ingredients used in human consumption or, where appropriate, approved in accordance with Regulation (EC) No. 258/97, of the European Parliament and of the Council of 27 January 1997 on novel foods and novel food ingredients. "
(b) they may undergo traditional smoked by smoke from combustion of wood applied directly on the surface.
«(c) exclusively for ripened cheese, in the treatment of the bark may be used: waxes, paraffins, polymeric materials with or without dyes, oils specially prepared minerals and other materials authorized for that purpose.»
5. Amending the first paragraph of paragraph 7, which is worded as follows: «without prejudice to the fulfilment of the requirements laid down in the legislation on food information to the consumer, labelling of the cheese snaps in addition to the specifications listed in the following sections.
«The labelling of cheese that is sold in whole pieces with the label directly attached to the bark and bare by a container, shall comply with the same requirements as those required to the packaged cheese, except for the mention of mandatory nutritional information, without prejudice to the obligations arising out of Regulation (EC) 1924 / 2006 of the European Parliament and of the Council of December 21, 2006.»
6. The second subparagraph of paragraph 7.3 shall be deleted.
7. Is added in paragraph 7 a new subsection 7.4, which is worded as follows: «7.4. The labelling of the products defined in this standard, as well as nutritional statements in accordance with Regulation (EC) No. 1924 / 2006 of the European Parliament and of the Council of 20 December 2006 relating to nutritional claims and health claims on foods, may include, optionally, as mentions, fatty and content, in accordance with the following conditions: fatty : When the cheese contains a minimum of 45 and less than 60 percent of fat on the total dry extract.
«Content: when the cheese contains a minimum of 60 per cent of fat on the total dry extract.»
Second article. Modification of annex II of the Royal Decree 1113 / 2006, of 29 September, laying down standards for cheeses and cheeses.
It annex II of the Real Decree 1113 / 2006, of 29 of September, by which is approve them standards of quality for cheese and cheese melted, is modified as follows: one. Section 2.1 shall be deleted.
Two. It deletes the paragraph 4.
3. The second paragraph of section 6.2 shall be deleted.
Four. Amending the first paragraph of paragraph 6, which is worded as follows: «Without prejudice to the fulfilment of the requirements laid down in the legislation on food information to the consumer, the labelling of the cheeses snaps in addition to the specifications listed in the following sections.»
5. Is added in paragraph 6, a new subsection 6.3, which is worded as follows: «6.3 the labelling of the products defined in this standard, as well as nutritional statements in accordance with Regulation (EC) 1924 / 2006, of December 20, 2006, relating to nutritional claims and health claims on foods, may include, optionally, as mentions, fatty and content» , in accordance with the following conditions: fatty: when the cheese contains a minimum of 45 and less than 60 percent of fat on the total dry extract.
«Content: when the cheese contains a minimum of 60 per cent of fat on the total dry extract.»
Sole transitional provision. Extension of marketing products.
Products manufactured prior to the entry into force of this Royal Decree which do not conform to the provisions in it, may continue to be marketed until supplies last, provided that they comply with the provisions in force at that time.
Available end first. Modification of the Royal Decree 4/2014 on January 10, which approves the quality standard of meat, ham, palette and Iberian Loin Shanks.
The second transitional provision is modified. Periods of adaptation to the new standard with regard to racial characteristics, remaining with the following wording: «without prejudice to provisions repealing provision, to facilitate compliance with the provisions of this standard with regard to the racial characteristics of the animals and the procedure for its certification, establishes a transitional period for players with the Royal Decree 1469 / 2007 conform to this Royal Decree» It will be two years for the Iberian players and four years for the players duroc. In any case, new Iberian players which, starting from the publication of this standard, are incorporated into farms must meet the above requirements racial.»
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, on September 11, 2015.
The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON
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