Title and Scope
47. The Committee agreed to simplify the Scope of the Standard based on a proposal provided by the Delegation of Malaysia in its written comments.
Description and Essential Composition and Quality Factors (Section 2)
2.1 Chocolate Types
48. The Committee discussed the nature of the edible foodstuffs that may be added to chocolate to form chocolate products. It was noted that the foodstuffs could be in the nature of particulate products (e.g., fruit pieces or nuts) or homogeneous products such as nut pastes. Several suggestions were made to clarify this in the Description, but it was agreed to retain the current wording of the paragraph.
Vegetable fats other than cocoa butter
49. The Committee discussed the proposal to admit the use of up to 5% of vegetable fats other than cocoa butter in the finished product under certain conditions. The Delegation of France, speaking on behalf of the Members of the European Union present at the Session, supported the proposal which it indicated was consistent with recent changes in European legislation, but indicated that the inclusion of such a provision was conditional on the introduction of suitable labelling provisions and an assurance that only suitable vegetable fats would be used. This position was supported by a number of Delegations, including those of Benin and Burkina Faso. These Delegations noted that the proposal as presented fulfilled the conditions set out by the Delegation of Côte d’Ivoire at the Committee’s 17th Session[8].
50. Several other Delegations, including those of Canada, India and the USA, indicated that national legislation did not, at present, allow the use of vegetable fats other than cocoa butter, but that they could support the proposal in the interest of international trade. The Delegation of Canada stated however that there was no consensus on this issue by the Chocolate industry in Canada. Some other Delegations, including Japan, stated that there should be no quantitative restriction to the use of edible vegetable fats and oils in the products covered by the standard in order to incorporate modern technology, to create innovative Chocolate products, and to prevent melting and fat bloom in Chocolate products.
51. The Delegation of Cameroon, supported by the representative of COPAL, stated that the proposal represented a negative social and economic step for cocoa-producing countries. They noted that due to unfulfilled market expectations in importing countries there was considerable over-production of cocoa beans and that the application of the present proposal would aggravate the situation. They stated that the addition of vegetable fats would give rise to a range of products that could no longer be considered as “chocolate” in the sense of the traditional use of the term.
52. The Representative of COPAL also raised the question of the availability of suitable methods of analysis to ensure compliance with the proposed 5% limit. The Delegation of the United Kingdom stated that such methods were available and had been shown to be precise and reliable when used in combination with normal food inspection procedures. The Delegation claimed that these methods were accurate to ± 0.3%. Copies of published methods were provided to delegates for information[9]. The Representative of COPAL reserved the opinion of that organization pending review of the methods.
53. The Committee decided to remove the square brackets from the proposal to allow the use of up to 5% vegetable fats other than cocoa butter. The Representative of COPAL expressed the strong reservation of that organization.
54. The Committee had an extended discussion on that nature of the vegetables fats that could be used on chocolate and chocolate products as described above. Several Delegations and the Representatives of the EC and COPAL stressed that the fats used should be technically compatible with cocoa butter, should be from specified sources processed under specific conditions. Other Delegations stated that manufacturers should have the flexibility of choice to enable them to meet differing market requirements and climatic conditions. The Committee agreed to a compromise, proposed by Canada, to leave the specific rules governing the choice of vegetable fats to national legislation, thereby meeting local traditions and cultural expectations.
55. Finally the Committee discussed the labelling that would be required in order implement the introduction of the use of vegetable fats. Although some Delegations were of the opinion that listing in the List of Ingredients would normally be sufficient, the Committee recognized that the introduction of the use of 5% of vegetable fat was based on a more general compromise that included the need for labelling. The Committee agreed to a compromise text that required the addition of vegetable fats to be indicated clearly on the label in association with the name or representation of the food, but leaving to national authorities the precise manner of the declaration.
Specific Chocolate Types
56. It was noted that the product Unsweetened Chocolate had been removed from the standard and included in the Draft Standard for Cocoa (Cacao) Mass (Cocoa/Chocolate Liquor) and Cocoa Cake (see para. 17 above). All references to this product were consequently deleted from the text.
57. Several Delegations, including Japan, proposed a simplification of the standard to provide only for the major general types of products moving in international trade, namely Chocolate, Milk Chocolate and Cocoa Butter Confectionery (White Chocolate). It was also suggested that this list should be extended to cover Filled Chocolate. The Committee examined these proposals in detail and considered which among the individual products named in the standard should be retained and which should be deleted. The Committee finally agreed that all products of importance to trade for Member countries should be included specifically. Specific provisions Skimmed Milk Chocolate, Cream Chocolate and Cocoa Butter Confectionary Vermicelli were deleted.
Sweet Chocolate
58. The Committee deleted the alternative designation “Plain” in order to avoid confusion with other chocolates types.
Milk Chocolate
59. The Committee considered the meaning of the term milk solids and agreed that the minimum addition of milk solids referred to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed. Nevertheless, the Committee could not agree on the minimum addition to be specified in the standard, with some Delegations proposing 12% and some 14%. Similarly, some Delegations proposed a higher minimum of milk fat (3.5%), while others proposed retaining the lower level contained in the proposed draft (2.5%). The Committee agreed to a formulation that would allow the setting of minimum values by national authorities within the ranges 12% to 14 % for milk solids, and 2.5% to 3.5% for milk fat.
60. The Committee agreed that Milk Chocolate with a High Milk Content should be included in the standard under the name “Family Milk Chocolate” (Chocolat de Ménage au lait).
61. A new definition for Milk Couverture Chocolate was included.
Cocoa Butter Confectionary/White Chocolate
62. The Committee agreed to a formulation that would allow the setting of minimum values for milk fat by national authorities within the range 2.5% to 3.5%.
Vermicelli and Flakes
63. The Committee noted the need for designations for certain products of significance in regional trade and proposed by the Delegations of Brazil, Spain and Venezuela and included the names of these products as alternatives.
Filled Chocolate
64. Several Delegations, including Japan and India, raised the problem of the correct interpretation of the sentence in the Definition that states: “Filled Chocolate does not include Flour Confectionary, Pastry, Biscuit or Ice Cream Products” and suggested its deletion. Other Delegations pointed out that this exclusion was required to avoid confusion with Filled Chocolate and other products covered or enrobed with chocolate but which did not meet the essential composition requirements. It was pointed out that such products could include the use of the word “chocolate” in their name under the conditions of Section 6.1.8 of the standard. On this basis, it was agreed to retain the sentence.
Other Chocolate Products
65. The Committee agreed to the use of the term “Praline” as a synonym for “A Chocolate”. The corresponding term in French was identified as “Bonbon de chocolat/Praline”.
66. In reference to the definition of Gianduja Chocolate, the Committee noted a proposal to include a maximum limit for the addition of hazelnut to 40% of the total product. It was noted however that this was a requirement established in Section 2.1 and which covered all products; a specific reference in the definition for Gianduja Chocolate was therefore considered redundant.
Food Additives (Section 3)
67. The Committee agreed to include in this Section all of the Food Additives approved and endorsed in the standards for Cocoa Butter and for Cocoa (Cacao) Mass (Cocoa/Chocolate Liquor) and Cocoa Cake, as these were raw material in the production of chocolate and chocolate products.
68. The Committee agreed to delete reference to certain sweeteners that had not as yet been evaluated by JECFA. On the other hand, it agreed to retain reference to the use of metallic Gold (INS 175) and Silver (INS 174) as it noted that these had been evaluated by JECFA in 1977 and were not considered to represent a health hazard. It also decided to delete the square brackets surrounding the addition of Antioxidants to Cocoa Butter Confectionary/White Chocolate (Section 3.6). The Delegation of France on behalf of the Members of the European Union and the Representative of the EC expressed a reservation on this matter.
69. On this basis the Committee agreed to forward the list of food additives to the CCFAC for endorsement. It noted that supplementary lists of additives, submitted by Japan in particular in written comments, would have to be considered in detail at the Committee’s next session.
Contaminants (Section 4)
70. The Committee agreed to delete the contaminant provisions for Unsweetened Chocolate as a consequence of the removal of this product from the standard.
Labelling (Section 6)
Name of the Food
71. The Committee agreed to include the following names in square brackets as synonyms for Chocolate as defined in Section 2.1.1: “bittersweet chocolate”, “semi-sweet chocolate”, and “dark chocolate”, to accommodate the common use of these names in some countries. The Delegations of Germany and the United Kingdom disagreed with this proposal.
72. The Delegation of Italy proposed the deletion of the first part of Section 6.1.2 in order not to complicate the common names of foods and to delete Section 6.1.8 entirely. The Committee agreed to discuss these matters at its next session.
73. As noted above (see para. 54), the Committee included specific wording covering the labelling of products to which vegetable fats other than cocoa butter had been added.
Methods of Analysis and Sampling (Section 7)
74. The Committee agreed to include a reference to a suitable method for the detection/determination of vegetable fats, with the method yet to be identified, and deleted references to methods for the determination of sugars and total ash.
Status of the Proposed Draft Standard for Chocolate and Chocolate Products
75. The Committee, noting that considerable progress had been made on the most difficult issues surrounding the standard, agreed to advance it for consideration by the Commission at Step 5 of the Codex Procedure. The full text of the Proposed Draft Standard is given in Appendix V of this report.
[7] ALINORM 99/14, Appendix V; CL 1998/43-CPC;
CX/CPC 00/4 (Comments of Brazil, Cuba, Japan, Mexico, Spain, Thailand, United
Kingdom, CAOBISCO); CX/CPC 00/4-Add.1 (Comments of Italy, Republic of Korea,
Malaysia, CAOBISCO); CX/CPC 00/4-Add.2 (Comments of Japan, European Community);
CRD 1 (Comments of India); CRD 2 (Comments of Canada); CRD 3 (Comments of Hungary);
CRD 4 (Comments of The Philippines).
[8] ALINORM 99/14, para. 12.
[9] These were:
Macarthur, R., C. Crews and P. Brereton An improved method for the measurement of added vegetable fats in chocolate. Food Additives and Contaminants Vol 17, No. 8, pp 643-664 (2000); and
Lipp, M. and E. Anklam: Review of cocoa butter and alternative fats for use in chocolate – Part B. Analytical approaches for identification and determination. Food Chemistry, Vol.62 No.1 pp 99-108 (1998).
