APPENDIX V: PROPOSED DRAFT STANDARD FOR CHOCOLATE AND CHOCOLATE PRODUCTS (ADVANCED AT STEP 5 OF THE PROCEDURE)

1 SCOPE

The standard applies to all chocolate and chocolate products for sale to consumers. Chocolate and chocolate products shall be prepared from cocoa and cocoa materials with sugars and may contain sweeteners, milk products, flavouring substances and other food ingredients.

2 DESCRIPTION AND ESSENTIAL COMPOSITION FACTORS

2.1 Chocolate Types

Chocolate is the generic name for the homogenous products complying with the descriptions below and summarized in Table 1. It is obtained by an adequate manufacturing process from cocoa materials which may be combined with milk products, sugars and/or sweeteners, emulsifiers and/or flavours. Other edible foodstuffs, excluding added flour and starch (except for products in 2.4.3 of this Standard) and animal fats other than milk fat, may be added to form various chocolate products. These combined additions shall be limited to 40 % of the total weight of the finished product, subject to the labelling provisions under Section 6.

The addition of vegetable fats other than cocoa butter shall not exceed 5% of the finished product, after deduction of the total weight of any other added edible foodstuffs, without reducing the minimum contents of cocoa materials. Where required by the authorities having jurisdiction, the nature of the vegetable fats permitted for this purpose may be prescribed in applicable legislation.

2.1.1 Chocolate

Chocolate (or bittersweet chocolate, semi-sweet chocolate, or dark chocolate), shall contain, on a dry matter basis, not less than 35% total cocoa solids, of which not less than 18% shall be cocoa butter and not less than 14% fat-free cocoa solids.

2.1.2 Sweet Chocolate

Sweet Chocolate shall contain, on a dry matter basis, not less than 30% total cocoa solids, of which at least 18% shall be cocoa butter and at least 12% fat-free cocoa solids.

2.1.3 Couverture Chocolate

Couverture Chocolate shall contain, on a dry matter basis, not less than 35% total cocoa solids of which not less than 31% shall be cocoa butter and not less than 2.5% of fat-free cocoa solids.

2.1.4 Milk Chocolate types

2.1.4.1 Milk Chocolate

Milk Chocolate shall contain, on a dry matter basis, not less than 25% cocoa solids (including a minimum of 2.5% fat-free cocoa solids) and a specified minimum of milk solids, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, between 12% and 14% (including a minimum of milk fat between 2.5% and 3.5%) as applied by the authority having jurisdiction in accordance with applicable legislation.

2.1.4.2 Family Milk Chocolate

Family Milk Chocolate shall contain, on a dry matter basis, not less than 20% cocoa solids (including a minimum of 2.5% fat-free cocoa solids) and not less than 20% milk solids, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, (including a minimum of 5% milk fat).

2.1.4.3 Milk Couverture 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, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, (including a minimum of 3.5% milk fat) and a total fat of not less than 31%.

2.1.5 Cocoa Butter Confectionery/White Chocolate

Cocoa Butter Confectionery/White Chocolate shall contain, on a dry matter basis, not less than 20% cocoa butter and not less than 14% milk solids, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, (including a minimum milk fat in a range of 2.5% to 3.5% as applied by the authority having jurisdiction in accordance with applicable legislation).

2.2 Vermicelli and Flakes (Drops, Shavings)

Vermicelli and Flakes (Drops, Shavings) are cocoa products obtained by a mixing, extrusion and hardening technique which gives unique, crisp textural properties to the products. Vermicelli are presented in the form of short, cylindrical grains and flakes in the form of small flat pieces.

2.2.1 Chocolate Vermicelli/Flakes (Drops, Shavings)

Chocolate Vermicelli/Flakes (Drops, Shavings) shall contain, on a dry matter basis, not less than 32% total cocoa solids, of which at least 12% shall be cocoa butter and 14% fat-free cocoa solids.

2.2.2 Milk Chocolate Vermicelli/Flakes (Drops, Shavings)

Milk Chocolate Vermicelli/Flakes (Drops, Shavings) shall contain, on a dry matter basis, not less than 20% cocoa solids (including a minimum of 2.5% fat-free cocoa solids) and not less than 12% milk solids, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, (including a minimum of 3% milk fat).

2.3 Filled Chocolate

Filled Chocolate is a product covered by a coating of one or more of the Chocolates defined in Section 2.1 or 2.4, with exception of chocolate a la taza, of this Standard, the centre of which is clearly distinct through its composition from the external coating. Filled Chocolate does not include Flour Confectionery, Pastry, Biscuit or Ice Cream products. The chocolate part of the coating must make up at least 25% of the total weight of the product concerned.

If the centre part of the product is made up of a component or components for which a separate Codex Standard exists, then the component(s) must comply with this applicable standard.

2.4 Other chocolate products

Other chocolate products are the additional commercially available products that rely for their essential character either totally or extensively on cocoa materials.

2.4.1 A Chocolate or Praline (“Bonbon de Chocolat” or “Praline”)

A Chocolate or Praline designates the product in a single mouthful size, where the amount of the chocolate component shall not be less than 25% of the total weight of the product. The product shall consist of either filled chocolate or a single or combination of the chocolates as defined under Sections 2.1 and 2.4, with exception of chocolate a la taza.

2.4.2 Gianduja Chocolates

2.4.2.1 Gianduja Chocolate (“Chocolat aux noisettes Gianduja”)

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 g of hazelnuts.

2.4.2.2 Milk Gianduja Chocolate (“Chocolat au lait et aux noisettes Gianduja”)

Milk Gianduja Chocolate is the product obtained, firstly, from milk chocolate having a minimum dry milk solids, referring to the addition of milk ingredients in their natural proportions except that milk fat may be added or removed, content of 10% and, secondly, from finely ground hazelnuts such that 100 g of the product contain not less than 15 g of hazelnuts.

2.4.3 Chocolate a la taza

2.4.3.1 Chocolate a la taza is the product described under Section 2.1.1 of this Standard and containing a maximum of 8% m/m flour and/or starch.

2.4.3.2 Chocolate familiar a la taza is the product described under Section 2.1.2 of this Standard and a maximum of 18% m/m flour and/or starch.

TABLE 1 (1/2): SUMMARY TABLE OF COMPOSITIONAL REQUIREMENTS OF SECTION 2

(% calculated on the dry matter in the product and after deduction of the weight of the other edible foodstuffs authorized under Section 2.1)

Products/Constituents	Cocoa Butter	Fat-free Cocoa Solids	Total Cocoa Solids	Milk Fat	Total Milk Solids
2.1 Chocolate Types
2.1.1 Chocolate	³ 18	³ 14	³ 35
2.1.2 Sweet Chocolate	³ 18	³ 12	³ 30
2.1.3 Couverture Chocolate	³ 31	³ 2.5	³ 35
2.1.4. Milk Chocolate Types
2.1.4.1 Milk Chocolate		³ 2.5	³ 25	2.5-3.5	12-14
2.1.4.2 Family Milk Chocolate		³ 2.5	³ 20	³ 5	³ 20
2.1.4.3 Milk Couverture Chocolate		³ 2.5	³ 25	³ 2.5	³ 14
2.1.5 Cocoa Butter Confectionery/White Chocolate	³ 20			2.5-3.5	³ 14
2.2 Vermicelli and Flakes (Drops, Shavings)
2.2.1 Chocolate Vermicelli/Flakes (Drops, Shavings)	³ 12	³ 14	³ 32
2.2.2 Milk Chocolate Vermicelli/Flakes (Drops, Shavings)		³ 2.5	³ 20	³ 3	³ 12
2.3 Filled Chocolate (See Section 2.3)
2.4 Other Chocolate Products
2.4.1 A Chocolate or Praline (See Section 2.4.1)
2.4.2 Gianduja Chocolates
2.4.2.1 Gianduja Chocolate (See Section 2.4.2.1)		³ 8	³ 32
2.4.2.1 Milk Gianduja Chocolate (See Section 2.4.2.2)					³ 10
2.4.3 Chocolate a la Taza
2.4.3.1 Chocolate a la taza (See Section 2.4.3.1)
2.4.3.2 Chocolate Familiar a la taza (See Section 2.4.3.2)

3 FOOD ADDITIVES

Only those food additives listed below may be used and only within the limits specified.

3.1 Alkalizing and neutralizing agents carried over as a result of processing cocoa materials in proportion to the maximum quantity as provided for.

3.2 Acidity regulators		Maximum Level
503(i)	Ammonium carbonate	Limited by GMP
527	Ammonium hydroxide
503(ii)	Ammonium hydrogen carbonate
170(i)	Calcium carbonate
330	Citric acid
504(i)	Magnesium carbonate
528	Magnesium hydroxide
530	Magnesium oxide
501(i)	Potassium carbonate
525	Potassium hydroxide
501(ii)	Potassium hydrogen carbonate
500(i)	Sodium carbonate
524	Sodium hydroxide
500(ii)	Sodium hydrogen carbonate
526	Calcium hydroxide
338	Orthophosphoric acid	2.5 g/kg expressed as P205 in finished cocoa and chocolate products
334	L-Tartaric acid	5 g/kg in finished cocoa and chocolate products

3.3 Emulsifiers			Maximum Level		Products
471	Mono- and di-glycerides of fatty acids		GMP		Products described under 2.1 to 2.4
322	Lecithins				Products described under 2.1 to 2.4
422	Glycerol				Products described under 2.1 to 2.4
442	Ammonium salts of phosphatidic acids		10 g/kg		Products described under 2.1 to 2.4
476	Polyglycerol esters interesterified recinoleic acid		5 g/kg	15 g/kg in combination	Products described under 2.1 to 2.4
491	Sorbitan monostearate		10 g/kg		Products described under 2.1 to 2.4
492	Sorbitan tristearate		10 g/kg		Products described under 2.1 to 2.4
435	Polyoxyethylene (20) sorbitan monostearate		10 g/kg
3.4 Flavouring agents			Maximum Level		Products
3.4.1 Natural flavours as defined in the Codex Alimentarius, and their synthetic equivalents, except those which would imitate natural chocolate or milk flavours[11]			GMP		Products described under 2.1 to 2.4
3.4.2 Vanillin			GMP		Products described under 2.1 to 2.4
3.4.3 Ethyl vanillin			GMP		Products described under 2.1 to 2.4
3.5 Sweeteners
950		Acesulfame K	500 mg/kg		Products described under 2.1 to 2.4
951		Aspartame	2 000 mg/kg		Products described under 2.1 to 2.4
952		Cyclamic acid and its Na and Ca salts	500 mg/kg		Products described under 2.1 to 2.4
954		Saccharin and its Na and Ca salts	500 mg/kg		Products described under 2.1 to 2.4
957		Thaumatin	GMP		Products described under 2.1 to 2.4
420		Sorbitol			Products described under 2.1 to 2.4
421		Mannitol			Products described under 2.1 to 2.4
953		Isomalt			Products described under 2.1 to 2.4
965		Maltitol			Products described under 2.1 to 2.4
966		Lactitol			Products described under 2.1 to 2.4
967		Xylitol			Products described under 2.1 to 2.4
959		Neohesperidine dihydrochalcone	100 mg/kg		Products described under 2.1 to 2.4
3.6 Glazing agents			Maximum Level		Products
414		Gum Arabic (Acacia gum)	GMP		Products described under 2.1 to 2.4
440		Pectin			Products described under 2.1 to 2.4
901		Beeswax, white and yellow			Products described under 2.1 to 2.4
902		Candelilla wax			Products described under 2.1 to 2.4
903		Carnauba wax			Products described under 2.1 to 2.4
904		Shellac			Products described under 2.1 to 2.4
3.7 Antioxidants			Maximum Level		Products
304		Ascorbyl palmitate	200 mg/kg		Products described under 2.1.5. (White Chocolate)
319		Tertiary butylhydroquine	200 mg/kg		Products described under 2.1.5. (White Chocolate)
320		Butylated hydroxyanisole	200 mg/kg		Products described under 2.1.5. (White Chocolate)
321		Butylated hydroxytoluene	200 mg/kg		Products described under 2.1.5. (White Chocolate)
310		Propylgallate	200 mg/kg		Products described under 2.1.5. (White Chocolate)
307		a-Tocopherol	750 mg/kg		Products described under 2.1.5. (White Chocolate)
3.8 Colours (for decoration purpose only)			Maximum Level		Products
175		Gold	GMP		Products described
174		Silver	GMP		under 2.1 to 2.4
3.9 Bulking agents			Maximum Level		Products
1200		Polydextrose A and N	GMP		Products described under 2.1 to 2.4

3.10 Processing Aid	Maximum Level
Hexane (62ºC - 82ºC)	1 mg/kg
4 CONTAMINANTS	Maximum Level
4.1 Arsenic (As)	0.5 mg/kg
4.2 Copper (Cu)	20 mg/kg
4.3 Lead (Pb)	1 mg/kg

5 HYGIENE

5.1 It is recommended that the products covered by the provisions of this standard be prepared and handled in accordance with the appropriate sections of the Recommended International Code of Practice - General Principles of Food Hygiene - CAC/RCP 1-1969, Rev.3 - 1997, and other Codes of Practice recommended by the Codex Alimentarius Commission which are relevant to these products.

5.2 To the extent possible in good manufacturing practice, the products shall be free from objectionable matter.

5.3 When tested by appropriate methods of sampling and examination, the product:

a) shall be free from microorganisms in amounts which may represent a hazard to health;

b) shall be free from parasites which represent a hazard to health; and

c) shall not contain any substance originating from microorganisms in amount which represent a hazard to health.

In addition to the Codex General Standard for the Labelling of Prepackaged Foods - CODEX STAN 1-1985 - Rev. 1-1991, the following declarations shall be made:

6.1 Name of the Food

6.1.1 Products described under Sections 2.1 to 2.4 of this Standard and complying with the appropriate requirements of the relevant section shall be designated according to the name listed in Section 2 under subsequent section and subject to the provisions under Section 6 of this Standard. The name of the product may be described with “bittersweet chocolate”, “semi-sweet chocolate”, and “dark chocolate”as synonyms for Chocolate, as defined in Section 2.1.1,

6.1.2 [If the amount of any edible foodstuff added in accordance with the Section 2.1 of this Standard is equal or higher than 5% m/m of the weight of the product, a reference to these foodstuff or foodstuffs shall be included in the designation of the chocolate.

When sugar is fully substituted with sweeteners, an appropriate declaration should be included in the designation of the chocolate.

Example: X chocolate sweetened with aspartame.]

The use of vegetable fats in addition to Cocoa butter in accordance with the provisions of Section 2.1 shall be indicated on the label in association with the name and/or the representation of the product. The authorities having jurisdiction may prescribe the specific manner in which this declaration shall be made.

6.1.3 Cocoa Butter Confectionery/White Chocolate

Product described under Section 2.1.5 of this Standard and complying with the appropriate requirements of this Section shall be designated “Cocoa Butter Confectionery”. In those countries where the name “White Chocolate” is widely used, the use of this name is permitted.

6.1.4 Filled Chocolate

6.1.4.1 Products described under Section 2.3. shall be designated “X Filled Chocolate”, “Chocolate with X Filling” or “Chocolate with X centre” where “X” is descriptive of the nature of the filling.

6.1.4.2 The type of chocolate used in the external coating may be specified, whereby the designations used shall be the same as stated under Section 6.1.1 of this Standard.

6.1.4.3 An appropriate statement shall inform the consumer about the nature of the centre.

6.1.5 A Chocolate or Praline (Bonbon Chocolat or Praline)

Products in a single mouthful size described under Section 2.4.1 of this Standard shall be designated “A Chocolate” or “Praline”.

6.1.6 Assorted Chocolates

Where the products described under Section 2.1, 2.2, 2.3 or 2.4, with exception of chocolate a la taza, are sold in assortments, the product name may be replaced by the words “Assorted Chocolates” or “Assorted filled Chocolates”, “Assorted Vermicelli”, etc. In that case, there shall be a single list of ingredients for all the products in the assortment or alternatively lists of ingredients by products.

6.1.7 Other Information Required

6.1.7.1 Any characterizing flavour, other than chocolate flavour shall be in the designation of the product.

6.1.7.2 Ingredients which are especially aromatic and characterize the product shall form part of the name of the product (e.g. Mocca Chocolate).

6.1.8 [Use of the Term Chocolate

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 in accordance with custom and this to designate other products which cannot be confused with those defined in this Standard.]

6.2 [Declaration of Minimum Cocoa Content

Products described under Section 2.1 of this Standard shall carry a declaration of cocoa solids except that governments of countries in which different names are used to differentiate the products may allow for no declaration. For the purpose of this declaration, the percentages declared shall be made after the deduction of the other permitted edible foodstuffs.]

6.3 [Net Contents

Small units of up to 50 g may be exempted from a declaration of net weight on the label.]

6.4 Labelling of Non-Retail Containers

Information required in Section 6 of this Standard and Section 4 of the Codex General Standard for the Labelling of Prepackaged Foods shall be given either on the container or in accompanying documents, except that the name of the product, lot identification, and the name and address of the manufacturer or packer shall appear on the container. However, lot identification, and the name and address of the manufacturer or packer may be replaced by an identification mark provided that such a mark is clearly identifiable with the accompanying documents.

7 METHODS OF ANALYSIS

7.1 Determination of Arsenic

According to AOAC 952.13 (Codex general method).

7.2 Determination of Centre and Coating in Composite and Filled Chocolate

All methods approved for the chocolate type used for the coating and those approved for the type of centre concerned.

7.3 Determination of Cocoa Butter

According to AOAC 963.15 or IOCCC 14-1972.

7.4 Determination of Copper

According to AOAC 971.20 (Codex general method) or AOAC 960.40 (Codex general method).

7.5 Determination of Fat-free Cocoa Solid

According to AOAC 931.05.

7.6 Determination of Fat-free Milk Solids

According to IOCCC 17-1973 or AOAC 939.02.

7.7 Determination of Lead

According to AOAC 986.15 (Codex general method).

7.8 Determination of Milk Fat

According to IOCCC 8i (1962) or AOAC 945.34, 925.41B, 920.80.

7.9 Determination of Moisture

According to IOCCC 26-1988 or AOAC 977.04. (Karl Fischer method); or AOAC 931.04 or IOCCC 1-1952 (gravimetry).

7.10 Determination of Total Fat

According to AOAC 963.15.

7.11 Determination of Vegetable Fat

To be developed.