Agenda Item 4 CX/CPC 00/4-Add. 2 October 2000 Original Language: English JOINT FAO/WHO FOOD STANDARDS PROGRAMME

Transcription

1 Agenda Item 4 CX/CPC 00/4-Add. 2 October 2000 Original Language: English JOINT FAO/WHO FOOD STANDARDS PROGRAMME CODEX COMMITTEE ON COCOA PRODUCTS AND CHOCOLATE Eighteenth Session Fribourg, Switzerland, 2 4 November 2000 PROPOSED DRAFT STANDARD FOR CHOCOLATE AND CHOCOLATE PRODUCTS AT STEP 4 GOVERNMENT COMMENTS AT STEP 3 ON THE PROPOSED DRAFT STANDARD FOR CHOCOLATE AND CHOCOLATE PRODUCTS (Circular Letter 1998/43-CPC, CX/CPC 00/4) Governments and international organizations: Japan, European Community

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3 CX/CPC 00/4-Add.2 page 3 ADDITIONAL COMMENTS BY THE JAPANESE GOVERNMENT TO THE 18TH SESSION OF THE CODEX COMMITTEE ON COCOA PRODUCTS AND CHOCOLATE AGENDA ITEM 4: DRAFT STANDARD FOR CHOCOLATE AND CHOCOLATE PRODUCTS We recognize the importance of elaborating an international standard for chocolate and chocolate products to protect the health of consumers and to ensure fair practices in international trade. We strongly support the decision of both the 16th and 17th Sessions of the Codex Committee on Cocoa Products and Chocolate, which agreed to simplify the existing Codex Standards by integrating them into one standard (ALINORM 97/14 para 3 and ALINORM 99/14 para 3). We submitted our comments on the Proposed Draft Standard for Chocolate and Chocolate Products (ALINORM 99/14, Appendix V) at Step 3 in response to CL 1998/43-CPC. These comments are contained in CX/CPC 00/4. We have revised the previous comments after the their submission and left only some key points in order to reach a consensus. We would, therefore, like to provide our revised comments hereafter. We would also like to withdraw the previous comments on the removal of chocolate products from the scope of the Standard. GENERAL - SIMPLIFICATION OF THE STANDARD FOR CHOCOLATE AND CHOCOLATE PRODUCTS We, following the decision of the Committee, would like to propose further simplification of the Standard. Our position on the simplification is similar to the proposal made at the 17th Session (CX/CPC 98/2-Add 1, page 5). To be specific, we suggest that the Standard shall limit its scope to cover only four basic chocolate types, i.e., Unsweetened Chocolate, Sweet (Plain) Chocolate, Milk Chocolate, and Cocoa Butter Confectionery/White Chocolate. Accordingly, Sections Couverture Chocolate, Milk Chocolate with High Milk Content, Skimmed Milk Chocolate, Cream Chocolate, 2.2 Vermicelli and Flakes, 2.3 Filled Chocolate, and 2.4 Other Chocolate Products shall be deleted. We are fully aware that detailed discussions took place on chocolate types at both the 16th and 17th Sessions, especially on Section Milk Chocolate with High Milk Content. However, including these definitions will complicate the Standard and is contrary to the Committee s initial efforts to simplify the Standard. We should keep in mind that since the 19th Session the Codex Alimentarius Commission has advocated the elaboration of general standards rather than commodity specific standards, as shown in the Medium- Term Plan for (ALINORM 99/37 Appendix II). The 19th Session of the Commission also agreed that Codex standards should contain only essential provisions to meet the mandates of Codex (ALINORM 91/40 paras 95-97). In addition, when a Codex Committee considers a proposal to elaborate a Codex standard, the Committee shall first consider the priorities established in the Medium- Term Plan, and also assess the proposal to elaborate a standard against the criteria of the volume and pattern of trade between countries (Codex Alimentarius Commission Procedural Manual, 11th Edition, page 66). In the light of the above, we suggest that the Committee reconsider the scope of the Standard CHOCOLATE TYPES Addition of Vegetable Fats other than Cocoa Butter We believe that the Standard shall only define the essential compositions of chocolate, i.e., the minimum proportions of cocoa solids and cocoa butter, so that each Member Country has its freedom to create innovative chocolate products. We, however, agree to limit the use of vegetable fats up to 5 percent of the finished product, after deduction of the total weight of any other added edible foodstuffs, for chocolate internationally traded, since an international consensus is being formed that the use of vegetable fats up to 5 percent is acceptable to both cocoa producing countries and consumer countries.

4 CX/CPC 00/4-Add.2 page 4 Nonetheless, we wish to propose that the use of vegetable fats for chocolate products should be allowed above 5 percent in the chocolate portion, in order to incorporate modern technology, create innovative chocolate products, such as new types of Filled Chocolate, and prevent melting and fat bloom in chocolate products. Conditions Accompanied by the Use of Vegetable Fats We are confident that if vegetable fats are permitted for use in chocolate manufacturing the demand for cocoa butter will increase, since the use of vegetable fats will stimulate chocolate consumption in tropical areas as well as in other areas through the improvement of keeping qualities and potential release of new chocolate products, which will also benefit the cocoa producing countries. We recall the proposal to introduce several conditions for the use of vegetable fats: only vegetable fats of tropical origin shall be used; vegetable fats obtained through chemical/enzymatic processes cannot be used; and the statement contains vegetable fats other cocoa butter. shall appear on the label (ALINORM 99/14, para. 12). We are aware that these conditions are for improving the economies of developing countries in tropical areas. We, as a consumer country, have to take this point very seriously. (Origins and Types of Vegetable Fats) We would like to emphasize that a due consideration shall be given to the economies of developing countries of non-tropical areas as well since Codex is elaborating international standards. For this reason, the use of vegetable fats and oils of non-tropical areas should be permitted for the manufacturing of chocolate. We would also like to state the benefit of using vegetable fats and oils obtained through chemical/enzymatic processes. Cocoa butter is often in short supply and its price fluctuates greatly. The modern technology allows processors to produce fats with desirable chemical/biochemical characteristics for chocolate manufacturing. The chemically/enzymatically processed vegetable fats and oils thus serve as gap fillers in the case of short supply of cocoa butter, which contributes to increasing chocolate consumption. In order to improve the economies of all the developing countries in the world and to incorporate modern technology, the use of processed vegetable fats and oils should also be allowed. (Warning Statement) The list of ingredients, which indicates the use of vegetable fat(s) other than cocoa butter, will be sufficient to clearly inform consumers that vegetable fats are present in the chocolate or chocolate product as well as other ingredients. We object that chocolate and chocolate products containing vegetable fats shall carry, in addition to the list of labelling, the statement such as contains vegetable fats other than cocoa butter on the principal side of the products. While the list of ingredients is designed to inform consumers, this type of statement warns consumers excessively, or even misleads them. Since the use of vegetable fats does not pose any risk to the health of consumers, there is no need to require this warning statement. If a majority of the participating countries wish to include this statement, we suggest that the Codex Committee on Food Labelling should be requested to thoroughly consider the need of this specific provision, when the food labelling provision is sent to that Committee for endorsement.

5 CX/CPC 00/4-Add.2 page 5 3. FOOD ADDITIVES We propose to add the following food additives: 3.2 Emulsifier Maximum level 473 Sucrose Esters Of Fatty Acid 10 g/kg in finished products described under 2.1 to Sweeteners 955 Sucralose 1.8 g/kg in finished products described under 2.1 to Antioxidants Ascorbic Acid Sodium Ascorbate Limited by GMP in finished products described under Ascorbyl Stearate Mixed Tocopherols Concentrate 500 mg/kg in finished products 25 mg /kg described under Colours 101 i 101 ii a 150c 150d 162 Riboflavin* Riboflavin 5 - Phoshate, Sodium* Chlorophylls Caramel I Plain Caramel III - Ammonia Process* Caramel IV Ammonia Sulphite Process* Beet Red *The maximum levels shall follow the Codex General Standard for Food Additives. The maximum levels for these colours are temporary at GMP. Limited by GMP in finished products described under b Curcumins Tartrazine Sunset Yellow FCF Erythrosine Annatto Extracts 300 mg/kg 300 mg/kg in finished products 400 mg/kg described under mg/kg 25 mg/kg

6 CX/CPC 00/4-Add.2 page 6 European Community Comments for the CODEX COMMITTEE ON COCOA PRODUCTS AND CHOCOLATE Fribourg (CH), 2 4 November 2000 CL 1998/43-CPC -ALINORM 99/14 Draft Codex Standard for Chocolate and Chocolate Products (at step 3) As a consequence of the adoption of the new Directive 2000/36/EC of the European Parliament and the Council on Chocolate and Chocolate Products (published in O.J. L 197, , p. 19), the European Community proposes to amend the referred Draft Codex Standard along the following lines. ON SECTION 2 DESCRIPTION AND ESSENTIAL COMPOSITION FACTORS ON SECTION 2.1 CHOCOLATE The European Community proposes to retain the last sentence in brackets: The addition of vegetable fats other than cocoa butter shall not exceed 5 % of the finished products, after deduction of the total weight of any other added edible foodstuffs, without reducing the minimum contents of cocoa material However, those vegetable fats shall be cocoa butter equivalents and therefore be defined according to technical and scientific criteria; the latter and the concerned vegetable fats are laid down as follows: The vegetable fats 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, only the following vegetable fats, obtained from the plants listed below, may be used : 1 P (palmitic acid), O (oleic acid), St (stearic acid)

7 CX/CPC 00/4-Add.2 page 7 Usual name of vegetable fat Scientific name of the plant 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 Furthermore, as an exception to the above, coconut oil may be used for the following purpose : in chocolate used for the manufacture of ice cream and similar frozen products Specific requirements on labelling shall be made in order to provide consumers for correct, neutral and objective information, in addition to the list of ingredients (see section 6). On section Sweetened (plain) Chocolate The European Community does not agree with the definition of this product as proposed in the draft. Indeed, it has a lower content of total dry cocoa solids and a lower content of dry non-fat cocoa solids than the one named as Chocolate ; the adjectives sweetened and/or plain cannot alter the definition of Chocolate as defined in section ON SECTION COUVERTURE CHOCOLATE The European Community agrees with the definition in brackets of couverture chocolate as proposed by the Committee. ON SECTION MILK CHOCOLATE The European Community proposes to keep two separate definitions of milk chocolate as follows: milk chocolate (section ) and family milk chocolate (section ). This means that the European Community proposes that the name milk chocolate with high milk content as proposed in the draft on section would be replaced by the name family milk chocolate. For the milk chocolate, the percentage of milk fat should be 3.5% instead of 2.5% as proposed in the draft. For both milk chocolate and family milk chocolate, the European Community proposes to introduce minimum total fat (cocoa butter and milk fat) contents of 25%. On section the European Community proposes the following definition for the couverture milk chocolate : Milk couverture chocolate shall contain, on a dry matter basis, not less than 25 % cocoa solids (including a minimum of 2.5% non-fat cocoa solids) and not less than 14% milk solids (including a minimum of 3.5% milk fat) and a total fat of not less than 31%.

8 CX/CPC 00/4-Add.2 page 8 ON SECTION SKIMMED MILK CHOCOLATE The European Community proposes that maximum milk fat content should be 1%, instead of 0.5% as proposed in the draft Codex Standard for Chocolate and Chocolate Products. Furthermore, the European Community proposes to introduce a minimum total fat content of 25%. ON SECTION CREAM CHOCOLATE The European Community proposes that minimum milk fat content must be 5.5%, instead of 7% as proposed in the draft and that the minimum dry milk solids are set at 14%, instead of a content comprised between 10% minimum and 21% maximum as proposed in the draft. Furthermore, the European Community proposes to introduce a minimum total fat content of 25%. As a result, the total combined (cocoa and milk) dry solids should be deleted. On section Cocoa Butter Confectionery/White Chocolate The European Community proposes to name this product only as White Chocolate. Furthermore it proposes the following description : White chocolate designates the product obtained from cocoa butter, milk or milk products and sugars which contains not less then 20 % cocoa butter and not less than 14 % dry milk solids obtained 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. ON SECTION MILK CHOCOLATE VERMICELLI/FLAKES The European Community proposes for the milk chocolate, a minimum milk fat of 3.5% and a minimum total fat content of 12%. On section A Chocolate The European Community proposes to name this product A chocolate/praline. Furthermore it would like to stress that the wording A chocolate/ Praline should be translated in French by Bonbon de chocolat/praline. ON SECTION GIANDUJA CHOCOLATE The European Community proposes to also authorise the derivatives of the word Gianduja. Furthermore, it proposes to replace the proposed definition by the following: Gianduja Chocolate is the product 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 100 g of the product contain not less than 20 gand not more than 40g of hazelnuts. The following may be added: - milk and/or dry milk solids obtained by evaporation, in proportion such that the finished product does not contain more than 5% 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% of the total weight of the product. The European Community would like to stress that the wording Gianduja Chocolate should be translated in French by Chocolat aux noisettes Gianduja. ON SECTION GIANDUJA MILK CHOCOLATE The European Community proposes to also authorise the derivatives of the word Gianduja.

9 CX/CPC 00/4-Add.2 page 9 Furthermore, it proposes to replace the definition by: Gianduja milk chocolate is the product obtained firstly from milk chocolate having a minimum content of 10 % of dry milk solids, obtained by partly or wholly dehydrating whole milk, semi- or fullskimmed milk, cream or from partly or wholly dehydrated cream, butter or milk fat and secondly from finely ground hazelnuts, in such quantities that 100 g of the product contain not less than 15 g and not more than 40g of hazelnuts. Almonds, hazelnuts and other nut varieties may 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. The European Community would like to stress that the wording Gianduja milk Chocolate should be translated in French by Chocolat au lait aux noisettes Gianduja. On section Chocolate familiar a la taza In relation with its comment on section 2.1.3, the European Community proposes the definition of this product as follows: 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. ON SECTION 6.1 NAME OF THE FOOD The European Community suggests that insofar as vegetable fats other than cocoa butter may be added to the chocolate part, the labelling of such products shall be 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. On section Notwithstanding its previous proposal, the European Community, which attaches great importance to the labelling aspect, will formulate comments as work progresses on the definition of the products, given the interconnections between these two points. As a result, it proposes to delete the first part of this section and to leave the rest of it between brackets" On section Cocoa Butter Confectionery/White Chocolate The European Community proposes to replace the drafting by the following: Product described under Section of this Standard and complying with the appropriate requirements of this Section shall be designated White Chocolate. On section Filled Chocolate The European Community proposes to delete the letter X located before the wording X Filled Chocolate On section A Chocolate The European Community would like to stress that the wording A Chocolate should be translated in French by Bonbon de chocolat.

10 CX/CPC 00/4-Add.2 page 10 On section Use of the Term Chocolate The European Community proposes to replace the drafting by: Products not defined under this Standard, and where the taste is derived from non-fat cocoa solids, can carry the term chocolate in their designations additionally and in accordance with the provisions or customs applicable in the country in which the product is sold to the final consumer, to designate other products which cannot be confused with those defined in this Standard ON SECTION 6.2., DECLARATION OF THE MINIMUM COCOA CONTENT The European Community proposes that the declaration of the minimum cocoa content shall be compulsory.