Cocoa and Chocolate Products Regulations, 2007

L.N. 134 of 2007

FOOD SAFETY ACT

(CAP. 449)

Cocoa and Chocolate Products Regulations, 2007

IN exercise of the powers conferred by article 10 of the Food Safety

Act, the Minister of Health, the Elderly and Community Care has made

the following regulations>

(1) The title of these regulations is the Cocoa and Chocolate Citation and

commencement.

Products Regulations, 2007.

(2) These regulations shall be deemed to have come in force

on the 3 rd August 2003, provide that>

Sales Names, Definitions and Characteristics of the Products

A. Sales Names and Definitions

1. Cocoa butter

designates the fat obtained from cocoa beans or parts of cocoa beans with the

following characteristics>

free fatty acid content (expressed as not more than 1.75%

oleic acid)>

unsaponifiable matter (determined not more than 0.5% except in the case

using petroleum ether)>

of press cocoa butter, where it shall not

be more than 0.35 %

2. (a) Cocoa powder, cocoa

designate the product obtained by converting into powder cocoa beans which

have been cleaned, shelled and roasted, and which contains not less than 20% cocoa

butter, calculated according to the weight of the dry matter, and not more than 9%

water

(b) Fat-reduced cocoa, fat-reduced cocoa powder

designate cocoa powder containing less than 20% cocoa butter, calculated

according to the weight of the dry matter<

(c)

Powdered chocolate, chocolate in powder

designate the product consisting of a mixture of cocoa powder and sugars,

containing not less than 32% cocoa powder<

(d) Drinking chocolate, sweetened cocoa, sweetened cocoa powder

designate the product consisting of a mixture of cocoa powder and sugars,

containing not less than 25% cocoa powder< these names shall be accompanied by the

term ‘fat-reduced’ in the case where the product is fat-reduced as defined at (b).

3. Chocolate

(a) designates the product obtained from cocoa products and sugars which,

subject to (b), contains not less than 35% total dry cocoa solids, including not less

than 18% cocoa butter and not less than 14% of dry non-fat cocoa solids<

(b) however, where this name is supplemented by the words>

– ‘vermicelli’ or ‘flakes’> the product presented in the form of granules

or flakes must contain not less than 32% total dry cocoa solids< including not

less than 12% cocoa butter and not less than 14% of dry non-fat cocoa solids<

– ‘couverture’> the product must contain not less than 35% total dry

cocoa solids, including not less than 31% cocoa butter and not less than

2.5% of dry non-fat cocoa solids<

– ‘Gianduja’ (or one of the derivatives of the word ‘gianduja’) nut

chocolate> the product must be obtained firstly from chocolate having a

minimum total dry cocoa solids content of 32% including a minimum dry

non-fat cocoa solids content of 8%, and secondly from finely ground hazelnuts

in such quantities that 100g of the product contain not less than 20g and not

more than 40g of hazelnuts. The following may be added>

(a) milk and#or dry milk solids obtained by evaporation, in such

proportion that the finished product does not contain more than 5% dry

milk solids<

(b) almonds, hazelnuts and other nut varieties, either whole or

broken, in such quantities that, together with the ground hazelnuts, they

do not exceed 60% of the total weight of the product.

4. Milk chocolate

(a) designates the product obtained from cocoa products, sugars and milk

or milk products, which, subject to (b), contains>

–

not less than 25% total dry cocoa solids,

– not less than 14% dry milk solids obtained by partly or wholly

dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly

or wholly dehydrated cream, butter or milk fat,

–

not less than 2.5% dry non-fat cocoa solids,

–

not less than 3.5% milk fat,

–

not less than 25% total fat (cocoa butter and milk fat).

(b) However, where this name is supplemented by the words>

– ‘vermicelli’ or ‘flakes’> the product presented in the form of granules

or flakes must contain not less than 20% total dry cocoa solids, not less than

12% dry milk solids obtained by partly or wholly dehydrating whole milk,

semi- or full-skimmed milk, cream, or from partly or wholly dehydrated

cream, butter or milk fat, and not less than 12% total fat (cocoa butter and

milk fat)<

– ‘couverture’> the product must have a minimum total fat (cocoa

butter and milk fat) content of 31%<

– ‘Gianduja’ (or one of the derivatives of the word ‘gianduja’) nut

milk chocolate> the product must be obtained firstly from chocolate having a

minimum content of 10% of dry milk solids, obtained by partly or wholly

dehydrating whole milk, semi- or full-skimmed milk, cream, or from partly

or wholly dehydrated cream, butter or milk fat and secondly from finely

ground hazelnuts in such quantities that 100g of the product contain not less

than 15g and not more than 40g of hazelnuts. Almonds, hazelnuts and other

nut varieties may also be added, either whole or broken, in such quantities

that, together with the ground hazelnuts, they do not exceed 60% of the total

weight of the product.

(c)

Where in this name the word ‘milk’ is replaced by>

– ‘cream’> the product must have a minimum milk fat content of 5.5%,

– ‘skimmed milk’> the product must have a milk fat content not greater

than 1%.

(d) The name ‘milk chocolate’ may be used to designate the product referred

to in point 5, on condition that the term is accompanied in both cases by an

indication of the amount of dry milk solids laid down for each of the two products,

in the form ‘milk solids> ..... % minimum’.

(1) These regulations shall apply to cocoa and chocolate Applicability.

products intended for human consumption as defined in the First

Schedule to these regulations.

(2) The vegetable fats other than cocoa butter as defined in

the Second Schedule to these regulations and listed therein may be added

to those chocolate products defined in the>

(a)

First Schedule, Point I(A)(3) (chocolate)<

(b) First Schedule, Point I(A)(4) (milk chocolate)<

(c)

First Schedule, Point I(A)(5) (family milk chocolate)<

(d) First Schedule, Point I(A)(6) (white chocolate)<

(e)

First Schedule, Point I(A)(8) (chocolate a la taza)<

(f) First Schedule, Point I(A)(9) (chocolate familiar a la

taza). Use of vegetable fats other than cocoa butter.

(3) The addition permitted under subregulation (2) hereof,

may not exceed 5% of the finished product, after deduction of the total

weight of any other edible matter used in accordance with Part B of the

First Schedule, without reducing the minimum content of cocoa butter

or total dry cocoa solids.

(4) Chocolate products which, pursuant to subregulations

(2) and (3) hereof, contain vegetable fats other than cocoa butter may

be marketed provided that their labelling is supplemented by a

conspicuous and clearly legible statement> ‘contains vegetable fats in

addition to cocoa butter’. This statement shall be in the same field of

vision as the list of ingredients, clearly separated from that list, in

lettering at least as large and in bold with the sales name nearby.

Notwithstanding this requirement, the sales name may also appear

elsewhere.

Vegetable fats referred to in Paragraphs 2(2) to 2(4)

The vegetable fats referred to in paragraphs 2(2) to 2(4) are, singly or in blends,

cocoa butter equivalents and shall comply with the following criteria>

(a) they are non-lauric vegetable fats, which are rich in symmetrical

monounsaturated triglycerides of the type POP, POSt and StOSt 1 <

(b) they are miscible in any proportion with cocoa butter, and are compatible

with its physical properties (melting point and crystallisation temperature, melting

rate, need for tempering phase)<

(c) they are obtained only by the processes of refining and#or fractionation,

which excludes enzymatic modification of the triglyceride structure.

In conformity with the above criteria, the following vegetable fats, obtained from

the plants listed below, may be used>

Usual name of vegetable fat

Scientific name of the plants from

which the fats listed can be

obtained

1. Illipe, Borneo Tallow or Tengkawang

Shorea spp.

2. Palm oil

Elaeis guineensis

Elaeis olifera

3. Sal

Shorea robusta

4. Shea

Butyrospermum parkii

5. Kokum gurgi

Garcinia indica

6. Mango kernel

Mangifera indica

As an exception to the above, the use of coconut oil is permitted in chocolate used

for the manufacture of ice cream and similar frozen products.

P (palmitic acid), O (oleic acid), St (stearic acid).

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.40 (€0.93)

The Labelling, Presentation and Advertising of Foodstuffs

Regulations, 2004 shall apply to the products defined in the First

Schedule, subject to the following conditions>

(a) The sales names listed in the First Schedule shall apply

only to the products referred therein and must be used in trade to

designate them. However, those sales names may also be used

additionally to designate other products which cannot be confused

with those defined in the First Schedule.

(b) Where the products defined in Points 3, 4, 5, 6, 7 and 10

of Part A of the First Schedule are sold in assortments, the sales

names may be replaced by “assorted chocolates” or “assorted filled

chocolates” or similar names. In that case, there may be a single

list of ingredients for all the products in the assortment.

(c) The labelling of the cocoa and chocolate products

defined in Points 2(c), 2(d), 3, 4, S, 8 and 9 of Part A of the First

Schedule must indicate the total dry cocoa solids content by

including the words> ‘cocoa solids> ....., % minimum’.

(d) For the products referred to in Points 2(b) and 2(d) of

Part A of the First Schedule (second part of the sentence), the

labelling must indicate the cocoa butter content.

(e) The sales name ‘chocolate’, ‘milk chocolate’ and

‘couverture chocolate’ specified in the First Schedule may be

supplemented by information or descriptions relating to quality

criteria provided that the products contain>

(i) in the case of chocolate, not less than 43% total dry

cocoa solids, including not less than 26% cocoa butter,

(ii) in the case of milk chocolate, not less than 30%

total dry milk solids and not less than 18% dry milk solids

obtained by partly or wholly dehydrating whole milk, semi-

or full-skimmed milk, cream or from partly or wholly

dehydrated cream, butter or milk fat, including not less than

5% milk fat,

(iii) in the case of couverture chocolate, not less than

16% of dry non-fat cocoa solids.

4. No person may place on the market any chocolate product Marketing of

chocolate and

which does not conform to the definitions and rules laid down in these chocolate products

regulations.

Family milk chocolate

designates the product obtained from cocoa products, sugars and milk or milk

products and which contains>

–

not less than 20% total dry cocoa solids,

– not less than 20% dry milk solids obtained by partly or wholly dehydrating

whole milk, semi- or full-skimmed milk, cream, or from partly or wholly

dehydrated cream, butter or milk fat,

–

not less than 2.5% dry non-fat cocoa solids,

– not less than 5% milk fat, not less than 25% total fat (cocoa butter and

milk fat).

White chocolate

designates the product obtained from cocoa butter, milk or milk products and

sugars which contains not less than 20% cocoa butter and not less than 14% dry milk

solids obtained by partly or wholly dehydrating whole milk, semi-or full-skimmed

milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, of which

not less than 3.5% is milk fat.

Filled chocolate, chocolate with ..... filling, chocolate with ...... centre

designate the filled product, the outer part of which consists of one of the products

defined in 3, 4, 5 and 6. The designations do not apply to products, the inside of which

consists of bakery products, pastry, biscuit or edible ice.

The outer chocolate portion of products bearing one of these names shall constitute

not less than 25% of the total weight of the product.

Chocolate a la taza

designates the product obtained from cocoa products, sugars, and flour or starch

from wheat, rice or maize, which contains not less than 35% total dry cocoa solids,

including not less than 18% cocoa butter and not less than 14% dry non-fat cocoa

solids, and not more than 8% flour or starch.

Chocolate familiar a la taza

designates the product obtained from cocoa products, sugars, and flour or starch

from wheat, rice or maize, which contains not less than 30% total dry cocoa solids,

including not less than 18% cocoa butter and not less than 12% dry non-fat cocoa

solids, and not more than 18% flour or starch.

A chocolate or a praline

designates the product in single-mouthful size, consisting of>

–

filled chocolate, or

– a single chocolate or a combination or a mixture of chocolate within the

meaning of the definitions given in 3, 4, 5 and 6 and other edible substances,

provided that chocolate constitutes not less than 25% of the total weight of the

product.

B. Optional Authorised Ingredients

Additions of edible substances

1. Without prejudice to paragraphs 2(2) to 2(4) and Section B(2), other edible

substances may also be added to the chocolate products defined in Section A(3),

(4), (5), (6), (8) and (9).

Provided that the addition>

– of animal fats and their preparations not deriving solely from milk is

prohibited,

– of flours, granular or powdered starch is only authorised where the

addition is in accordance with the definitions laid down in Section A(8) and (9).

The quantity of those edible substances added may not exceed 40% of the total

weight of the finished product.

2. Only those flavourings which do not mimic the taste of chocolate or milk fat

may be added to the products defined in Section A(2), (3), (4), (5), (6), (8) and (9).

C. Calculation of Percentages

The minimum contents of the products set in Section A(3), (4), (5), (6), (8) and

(9) shall be calculated after deduction of the weight of the ingredients provided for in

Section B. In the case of the products in Section A(7) and (10), the minimum contents

shall be calculated after deducting the weight of the ingredients provided for in Section

B, as well as the weight of the filling.

The chocolate content of the products defined in Section A(7) and (10) shall be

calculated in relation to the total weight of the finished product, including its filling.

D. Sugars

Sugars as referred to in these regulations are not limited only to those sugars

covered by the Sugars for Human Consumption Regulations, 2004 (L.N. 214 of 2004).