COCOA AND CHOCOLATE PRODUCTS REGULATIONS

COCOA AND CHOCOLATE PRODUCTS

SUBSIDIARY LEGISLATION 449.50

COCOA AND CHOCOLATE PRODUCTS

REGULATIONS

3rd August, 2003

LEGAL NOTICE 134 of 2007.

The title of these regulations is the Cocoa and Chocolate

Products Regulations.

Sales Names, Definitions and Characteristics of the Products

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 paragraph (b).

3. Chocolate

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

subject to paragraph (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;

COCOA AND CHOCOLATE PRODUCTS

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 paragraph (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

(1) These regulations shall apply to cocoa and chocolate

products intended for human consumption as defined in the First

Schedule.

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

S eco n d S ch ed u l e an d li st ed t h er ein m ay b e ad d ed to t h o se

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).

(3) The addition permitted under subregulation (2), 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), 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 * ;

(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).

The Labelling, Presentation and Advertising of Foodstuffs

Reg ulations 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

COCOA AND CHOCOLATE PRODUCTS

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

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

these regulations.

COCOA AND CHOCOLATE PRODUCTS

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’.

5. 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

COCOA AND CHOCOLATE PRODUCTS

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 points 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 points 3, 4, 5 and 6 and other edible

substances, provided that chocolate constitutes not less than 25% of the

total weight of the product.

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).

COCOA AND CHOCOLATE PRODUCTS

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.