Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 No. 313

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2003 No. 313
FOOD
Cocoa and Chocolate Products Regulations (Northern Ireland) 2003

	Made	19th June 2003
	Coming into operation	3rd August 2003

The Department of Health, Social Services and Public Safety[1] in exercise of the powers conferred on it by Articles 15(1)(e), 16(1), 25(1) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2] and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[3] and in accordance with Article 47(3) and (3B) of the said Order, hereby makes the following Regulations: -

Citation and commencement
1. These Regulations may be cited as the Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 and shall come into operation on 3rd August 2003.

Interpretation
2. In these Regulations -

"the 1996 Regulations" means the Food Labelling Regulations (Northern Ireland) 1996[

"catering establishment" means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

"designated product" means any cocoa or chocolate product specified in column 2 of Schedule 1, as read with any Note to that Schedule and any provision of regulation 3 and Schedule 2 relating to that product; and "designated chocolate product" and "designated cocoa product" mean any such product which is respectively a chocolate product or a cocoa product;

"EEA State" means a State which is a Contracting Party to the EEA Agreement;

"the Order" means the Food Safety (Northern Ireland) Order 1991;

"other edible substances" does not include vegetable fats referred to in regulation 3 or the filling of any product specified in column 2 of item 7 or of item 10(a) of Schedule 1;

"preparation" includes manufacture and any form of processing or treatment;

"reserved description", as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1;

"sell" includes offer or expose for sale or have in possession for sale;

"ultimate consumer" means any person who buys otherwise than -

Vegetable fats in chocolate products
     3. - (1) Subject to paragraph (2), the vegetable fats, other than cocoa butter, specified in Schedule 2 may be added to those designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9 of Schedule 1.

    (2) An addition in accordance with paragraph 1 may not exceed 5 per cent of the finished product, after deduction of the total weight of any other edible substances used in accordance with Note 1 to Schedule 1, without reducing the minimum content of cocoa butter or total dry cocoa solids.

Scope of Regulations
     4. These Regulations apply to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.

Reserved descriptions
     5. No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless -

(a) such food is the designated product to which the reserved description relates;

(b) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or

(c) such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.

Labelling and description of designated products
6. - (1) Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars -

(a) subject to paragraphs (2)(a) and (3), a reserved description of the product;

(b) subject to paragraph (2) of regulation 7, in the case of a designated chocolate product which, pursuant to regulation 3, contains vegetable fats other than cocoa butter, the conspicuous and clearly legible statement "contains vegetable fats in addition to cocoa butter";

(c) where "milk chocolate" is used as the reserved description or a qualification of the reserved description of a designated chocolate product, an accompanying indication of the dry milk solids content in the form "milk solids: … % minimum", provided that -

(d) subject to paragraph (4), in the case of a designated product specified in column 2 of item 2(c), 2(d), 2(e), 3, 4, 5, 8 or 9 of Schedule 1, an indication of the total dry cocoa solids content in the form "cocoa solids… % minimum";

(e) in the case of a designated cocoa product specified in column 2 of item 2(b) or 2(e), an indication of the cocoa butter content.

(2) Where designated chocolate products specified in column 2 of items 3, 4, 5 6, 7 and 10 of Schedule 1 are sold in an assortment -

(a) the reserved description may be replaced by "assorted chocolates" or "assorted filled chocolates" or a similar name; and

(b) the list of ingredients with which food is required by the 1996 Regulations to be marked or labelled may be a single list of ingredients for all the products in the assortment.

(3) The reserved descriptions "chocolate", "milk chocolate" and "couverture chocolate" may be supplemented by information or descriptions relating to quality criteria provided that the product contains -

(a) in the case of the reserved description "chocolate", not less than 43 per cent total dry cocoa solids, including not less than 26 per cent cocoa butter;

(b) in the case of the reserved description "milk chocolate", not less than 30 per cent total dry cocoa solids and not less than 18 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, including not less than 4.5 per cent milk fat;

(c) in the case of the reserved description "couverture chocolate", not less than 16 per cent dry non-fat cocoa solids.

    (4) The total dry cocoa solids content with which a designated product is required by paragraph (1)(d) to be marked or labelled shall be calculated after deduction of the weight of other edible substances provided for in Note 1 to Schedule 1 but not the weight of any ingredient specified in column 2 of Schedule 1 as an ingredient of that product or of any vegetable fat added in accordance with regulation 3.

Manner of marking or labelling
     7. - (1) Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 6 as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.

    (2) The information with which a designated chocolate product is required to be marked or labelled by paragraph (1)(b) of regulation 6 shall be -

(a) in the same field of vision as the list of ingredients with which the product is required by the1996 Regulations to be marked or labelled;

(b) clearly separated from that list;

(c) in bold lettering no less large than that of the list; and

(d) located near the reserved description, which may also appear elsewhere on the marking or labelling.

Penalties and enforcement
     8. - (1) If any person contravenes any provision of regulation 5 or 6 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) Each district council shall enforce and execute these Regulations within its district.

Defence in relation to exports
     9. In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove -

(a) that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and

(b) in the case of export to an EEA State, that the legislation complies with the provisions of Directive 2000/36/EC of the European Parliament and the Council relating to cocoa and chocolate products intended for human consumption[

Application of various provisions of the Order
10. The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these regulations as a reference to these Regulations -

(a) Articles 2(4) and 3 (extended meaning of sale etc.);

(b) Article 4 (presumptions that food intended for human consumption);

(c) Article 19 (offences due to fault of another person);

(d) Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14 of the Order;

(e) Article 21 (defence of publication in the course of a business);

(f) Article 30(8) (which relates to documentary evidence);

(g) Article 34 (obstruction, etc., of officers);

(h) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2) as applied by paragraph (g).

Amendments and revocations
11. - (1) In the 1996 Regulations, in regulation 4(2) (scope of Part II), sub-paragraph (b) shall be omitted.

(2) The following entries relating to the Cocoa and Chocolate Products Regulations (Northern Ireland) 1976[8] shall be omitted -

(3) In Schedule 9 to the Miscellaneous Food Additives Regulations (Northern Ireland) 1996 the entry relating to the Cocoa and Chocolate Products (Amendment) Regulations (Northern Ireland) 1982[16] shall be omitted.

(4) In the following provisions, for references to Directive 73/241/EEC[17] there shall be substituted references to Directive 2000/36/EC[18] -

(5) The Cocoa and Chocolate Products Regulations (Northern Ireland) 1976 and the Cocoa and Chocolate Products (Amendment) Regulations (Northern Ireland) 1982 are hereby revoked.

Transitional provision
12. In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that -

(a) the food concerned was marked or labelled before 3rd August 2003, and

(b) the matters constituting the alleged offence would not have constituted an offence under the Cocoa and Chocolate Products Regulations (Northern Ireland) 1976 as they stood immediately before the date of coming into operation of these Regulations.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on

19th June 2003.

L.S.

Bill Smith
A Senior Officer of the Department of Health, Social Services and Public Safety

SCHEDULE 1Regulations 2,3 and 6

COCOA AND CHOCOLATE PRODUCTS AND THEIR RESERVED DESCRIPTIONS

Column 1	Column 2
Reserved descriptions	Designated products
1. Cocoa butter	The fat obtained from cocoa beans or parts of cocoa beans with the following characteristics: - - not more than 1.75 per cent free fatty acid content (expressed as oleic acid); and - for press cocoa butter, not more than 0.35 per cent unsaponifiable matter (determined using petroleum ether); or - for other cocoa butter, not more than 0.5 per cent unsaponifiable matter (so determined).
2. (a) Cocoa powder or Cocoa	The product obtained by converting into powder cocoa beans which have been cleaned, shelled and roasted, and which contains not less than 20 per cent cocoa butter, calculated according to the weight of the dry matter, and not more than 9 per cent water.
(b) Fat-reduced cocoa or Fat-reduced cocoa powder	Cocoa powder containing less than 20 per cent cocoa butter, calculated according to the weight of the dry matter.
(c) Powdered chocolate or Chocolate in powder	The product consisting of a mixture of cocoa powder and sugars, containing not less than 32 per cent cocoa powder.
(d) Drinking chocolate or Sweetened cocoa or Sweetened cocoa powder	The product consisting of a mixture of cocoa powder and sugars, containing not less than 25 per cent cocoa powder.
(e) Fat-reduced drinking chocolate or Fat-reduced sweetened cocoa or Fat-reduced sweetened cocoa powder	The product consisting of a mixture of cocoa powder specified at item 2(b) and sugars, containing not less than 25 per cent of such cocoa powder.
3. (a) Chocolate	(a) The product obtained from cocoa products and sugars which, subject to item 3(b), contains not less than 35 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 14 per cent of dry non-fat cocoa solids.
(b) If "Chocolate" is supplemented by (i) "vermicelli" or "flakes"	(b) (i) The product presented in the form of granules or flakes containing not less than 32 per cent total dry cocoa solids, including not less than 12 per cent cocoa butter and not less than 14 per cent of dry non-fat cocoa solids.
(ii) "couverture"	(ii) The product containing not less than 35 per cent total dry cocoa solids, including not less than 31 per cent cocoa butter and not less than 2.5 per cent of dry non-fat cocoa solids.
(iii) "Gianduja" or one of the derivatives of "Gianduja"	(iii) The nut chocolate product obtained (1) from chocolate having a minimum total dry cocoa solids content of 32 per cent including a minimum dry non-fat cocoa solids content of 8 per cent, and (2) from finely ground hazelnuts in such quantities that 100 grams of the product contain not less than 20 grams and not more than 40 grams of hazelnuts; and to which may have been added - - milk or dry milk solids obtained by evaporation or both, in such proportion that the finished product does not contain more than 5 per cent dry milk solids; - almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 per cent of the total weight of the product.
4. (a) Milk chocolate	(a) The product obtained from cocoa products, sugars and milk or milk products which, subject to item 4(b), contains - - not less than 25 per cent total dry cocoa solids; - not less than 14 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat; - not less than 2.5 per cent dry non-fat cocoa solids; - not less than 3.5 per cent milk fat; - not less than 25 per cent total fat (cocoa butter and milk fat).
(b) If "Milk chocolate" is supplemented by - (i) "vermicelli" or "flakes"	(b) (i) The product presented in the form of granules or flakes containing not less than 20 per cent total dry cocoa solids, not less than 12 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream or from partly or wholly dehydrated cream, butter or milk fat and not less than 12 per cent total fat (cocoa butter and milk fat).
(ii) "couverture"	(ii) The product containing a minimum total fat (cocoa butter and milk fat) content of 31 per cent.
(iii) "Gianduja" or one of the derivatives of "Gianduja"	(iii) The nut milk chocolate product obtained (1) from milk chocolate having a minimum content of 10 per cent dry milk solids, obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat and (2) from finely ground hazelnuts in such quantities that 100 grams of the produce contain not less than 15 grams and not more than 40 grams of hazelnuts; and to which may have been added almonds, hazelnuts and other nut varieties, either whole or broken, in such quantities that, together with the ground hazelnuts, they do not exceed 60 per cent of the total weight of the product.
(c) If "Milk" is replaced by - (i) "cream"	(c) (i) The product containing a minimum milk fat content of 5.5 per cent.
(ii) "skimmed milk"	(ii) The product containing a milk fat content not greater than 1 per cent.
5. Family milk chocolate or Milk chocolate	The product obtained from cocoa products, sugars and milk or milk products which contains - - not less than 20 per cent total dry cocoa solids; -not less than 20 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat; -not less than 2.5 per cent dry non-fat cocoa solids; -not less than 5 per cent milk fat; -not less than 25 per cent total fat (cocoa butter and milk fat).
6. White chocolate	The product obtained from cocoa butter, milk or milk products and sugars which contains not less than 20 per cent cocoa butter and not less than 14 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, of which not less than 3.5 per cent is milk fat.
7. Filled chocolate or Chocolate with … filling or Chocolate with … centre	The filled product, the outer part of which consists of a product specified in column 2 of item 3, 4, 5 or 6 and constitutes not less than 25 per cent of the total weight of the product, but does not include any filled product, the inside of which consists of bakery products, pastry, biscuit or edible ice.
8. Chocolate a la taza	The product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 35 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 14 per cent dry non-fat cocoa solids, and not more than 8 per cent flour or starch.
9. Chocolate familiar a la taza	The product obtained from cocoa products, sugars, and flour or starch from wheat, rice or maize, which contains not less than 30 per cent total dry cocoa solids, including not less than 18 per cent cocoa butter and not less than 12 per cent dry non-fat cocoa solids, and not more than 18 per cent flour or starch.
10. A chocolate or A praline	The product in single mouthful size, consisting of:- (a) the product specified in column 2 of item 7; or (b) a single chocolate or a combination or a mixture of chocolate within the meaning of any of the definitions specified in column 2 of items 3, 4, 5 and 6 and any other edible substance, provided that the chocolate constitutes not less than 25 per cent of the total weight of the product.

Notes
1. - (1) Subject to regulation 3 and paragraph (2) of this Note, other edible substances may also be added to the designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9:

Provided that this paragraph does not authorise the addition -

    (2) Only those flavourings which do not mimic the taste of chocolate or of milk fat may be added to the designated products specified in column 2 of items 2, 3, 4, 5, 6, 8 and 9.

     2. - (1) The minimum contents of the designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9 shall be calculated after deduction of the weight of other edible substances provided for in Note 1.

    (2) In the case of the designated chocolate products specified in column 2 of items 7 and 10, the minimum contents shall be calculated after deducting the weight of other edible substances provided for in Note 1, as well as the weight of the filling.

    (3) The chocolate contents of the designated chocolate products specified in column 2 of items 7 and 10 shall be calculated in relation to the total weight of the finished product, including its filling.

     3. In this Schedule, "sugars" includes sugars covered by Council Directive 2001/111/EC[21] and other sugars.

SCHEDULE 2Regulations 2 and 3

AUTHORISED VEGETABLE FATS

1. Subject to the following paragraphs, the vegetable fats referred to in regulation 3 are, singly or in blends, cocoa butter equivalents and shall comply with the following criteria: -

     2. In conformity with the criteria specified in paragraph 1, the following vegetable fats, obtained from the plants listed in the Table 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

Burtyrospermum parkii

     5. Kokum gurgi

Garcinia indica

     6. Mango kernel

Mangifera indica

     3. Coconut oil may be used in chocolate for the manufacture of ice cream and similar frozen products.

     4. In this Schedule -

"P" means palmitic acid;

"O" means oleic acid;

"St" means stearic acid.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations implement Directive 2000/36/EC of the European Parliament and the Council relating to cocoa and chocolate products intended for human consumption (O.J. No. L197, 3.8.2000, p. 19). They revoke and replace the Cocoa and Chocolate Products Regulations (Northern Ireland) 1976, as amended.

The Regulations -

regulation 2 and Schedule 1

regulation 3 and Schedule 2

regulation 4

regulation 5

regulations 6 and 7

regulations 8 and 9

regulation 10

regulations 11 and 12

Notes:

[1] Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3 back

[2] S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28 back

[3] O.J. No. L31, 1.2.2002, p. 1 back

[4] S.R. 1996 No. 383; the relevant amending Regulations are S.R. 1998 No. 253, S.R.1999 Nos. 143, 244 and 286, S.R. 2000 Nos.189 and 303, S.R. 2001 No. 45 and S.R. 2003 No. 159 back

[5] O.J. No. L1, 3.1.94, p. 1 back

[6] O.J. No. L1, 3.1.94, p. 571 back

[7] O.J. No. L197, 3.8.2000, p.19, as adopted by EEA Joint Committee Decision 152/2001 (O.J. No. L65, 7.3.2002, p. 26)back

[8] S.R.1976 No. 183, as amended by S.R. 1981 Nos.193, 194 and 305, S.R.1982 No. 349, S.R.1984 No. 407, S.R. 1991 Nos.203 and 344, S.R. 1992 No. 464 and S.R. 1996 Nos. 50, 53 and 383 back

[9] S.R. 1987 No. 38 back

[10] S.R. 1991 No. 203 back

[11] S.R. 1991 No. 344 back

[12] S.R. 1992 No. 464 back

[13] S.R. 1996 No. 50 back

[14] S.R. 1999 No. 244 back

[15] S.R. 2001 No. 46 back

[16] S.R. 1982 No. 349 back

[17] O.J. L228, 16.8.1973, p. 23, as repealed with effect from 3rd August 2003 by Directive 2000/36/EC (O.J. L197, 3.8.2000, p. 19)back

[18] O.J. L197, 3.8.2000, p. 19 back

[19] S.R. 1996 No. 49 back

[20] S.R. 1996 No. 50; the relevant amending Regulations are S.R.1999 No. 244 back

[21] O.J. L10, 12.1.2002, p. 53 back

ISBN 0 337 95142 X

Prepared 30 June 2003

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	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> Cocoa and Chocolate Products Regulations (Northern Ireland) 2003 No. 313 URL: http://www.bailii.org/nie/legis/num_reg/2003/20030313.html

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	Burtyrospermum parkii
5. Kokum gurgi	Garcinia indica
6. Mango kernel	Mangifera indica