Chocetic - Regulation

(inserted by Law nº 99-574 of July 9th, 1999 Article 82 Official journal of July 10th, 1999)

The labelling of a product profiting from a name of cheese-making controlled origin must obligatorily comprise the name and addresses of the manufacturer.

(Law nº 99-574 of July 9th, 1999 Article 83 Official journal of July 10th, 1999)

(Law nº 2001-420 of May 15th, 2001 Article 61 Official journal of May 16th, 2001)

(Ordinance nº 2006-1547 of December 7th, 2006 Article 6 Official journal of December 8th, 2006 in force on January 1st, 2007)

A visual identification mark official, called logo “name of controlled origin”, within the meaning of the 2 of article 6 B of the convention of Paris of March 20th, 1883 for the protection of the industrial property, must be used in any presentation of the agricultural produce and the foodstuffs profiting from a name of controlled origin, except for the wines, of spirituous drinks and the intermediate products.

A decree as a Council of State fixes, after consultation of the National institute of the origin and quality, the model of the official logo and its methods of use.

(Law nº 2001-6 of January 4th, 2001 Article 18 II Official journal of January 5th, 2001)

(Ordinance nº 2006-1547 of December 7th, 2006 Article 4 I Official journal of December 8th, 2006 in force on January 1st, 2007)

The conditions of use of the mentions relating to the mode of breeding of the poultries are determined by the article L. 644-14 of the rural code.

(Law nº 2001-420 of May 15th, 2001 Article 59 I Official journal of May 16th, 2001)

(Ordinance nº 2006-1547 of December 7th, 2006 Article 4 II Official journal of December 8th, 2006 in force on January 1st, 2007)

The simultaneous conditions of use, for the labelling of a foodstuff or a nonfood agricultural produce and not processed, except for the wines, of spirituous drinks and the intermediate products, a trade mark and one reference to the one of the modes of valorization mentioned with the article L. 640-2 of the rural code, are specified by decree in Council of State.

(inserted by Law nº 2001-420 of May 15th, 2001 Article 59 I Official journal of May 16th, 2001)

The research and the observation of the infringements to the provisions of this chapter are exerted under the conditions laid down with the article L. 215-3 by the agents mentioned with the article L. 215-1.

(inserted by Law nº 2001-420 of May 15th, 2001 Article 62 Official journal of May 16th, 2001)

The labelling of a market product under mark of distributer must mention the name and the address of the manufacturer if this one makes the request of it.

Is regarded as market product under mark of distributer produces it whose characteristics were defined by the company or the group of companies which ensures of it the retail sale and which is the owner of the mark under which it is sold.

(inserted by Law nº 2001-420 of May 15th, 2001 Article 63 Official journal of May 16th, 2001)

The denominations “chocolate pure traditional chocolate” and “cocoa butter” and all other equivalent denomination are reserved for the chocolates manufactured starting from only greases drawn from broad beans of cacao-tree, without vegetable fat contents addition.

(inserted by Ordinance nº 2006-1547 of December 7th, 2006 Article 4 III Official journal of December 8th, 2006 in force on January 1st, 2007)

The conditions of use of the “farm” qualifier, of the mentions “produces farm”, “product with the farm”, “local wine” and produced terms “country” are fixed by the article L. 641-19 of the rural code.

(inserted by Ordinance nº 2006-1547 of December 7th, 2006 Article 4 III Official journal of December 8th, 2006 in force on January 1st, 2007)

The use of the denomination “mountain” for the products with name of controlled origin is defined in the article L. 641-16 of the rural code.

(Decree nº 2005-944 of August 2nd, 2005 Article 1 Official journal of August 6th, 2005 in force on November 25th, 2005)

1º Foodstuff: any food product, product or drink intended for the food of the man;

2º prepackaged Foodstuff: the unit of sale consisted a foodstuff and the packing in which it was conditioned before its presentation with the sale, which this packing recovers it entirely or partially but of such way that the contents cannot be modified without packing undergoing an opening or a modification;

3º Labelling: the mentions, indications, trademarks or of trade, images or signs referring to a foodstuff and being reproduced on any packing, document, sign, label, rings or flange accompanying or referring to this foodstuff;

4º Communities: similar restaurants, hospitals, canteens and other communities.

One understands by ingredient any substance, including the additives, used in the manufacture or the preparation of a foodstuff and which is still present in the end product, possibly in a modified form.

When an ingredient of a foodstuff was elaborate starting from several ingredients, the latter are regarded as ingredients of this food product.

(Decree nº 2005-944 of August 2nd, 2005 Article 2 Official journal of August 6th, 2005 in force on November 25th, 2005)

1º the components of an ingredient which, during the manufacturing process, would have been temporarily withdrawn to be reincorporated then in quantity not exceeding the initial content;

2º the additives whose presence in a foodstuff is only due to the fact that they were contained in one or more ingredients of this food product and provided they do not fulfill any more a technological function in the end product;

4º the substances which are not additives, but which are used same manner and with a same aim as the technological auxiliaries and which are always present in the end product, even in a modified form;

5º substances used with the amounts strictly necessary as solvents or supports for the additives and the flavors.

(Decree nº 2005-944 of August 2nd, 2005 Article 3 Official journal of August 6th, 2005 in force on November 25th, 2005)

One understands by liquid medium the products enumerated hereafter, only or mixes some and also when they are presented at the frozen or frozen state, since they are only additional compared to the essential components of the preparation and are consequently not decisive for the purchase, such as water, solutions aqueous of salts, brines, aqueous solutions of food acids, vinegar, aqueous solutions of sugars, aqueous solutions of other substances or sweetening matters, fruit juice or of vegetables in the case of fruits or vegetables.

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

One understands by package a whole of units of sale of a foodstuff which was produced, manufactured or conditioned in practically identical circumstances.

He is interdict to hold for the sale or of the distribution on a purely free basis, to put on sale, to sell or distribute on a purely free basis of the foodstuffs whose labelling or presentation is not in conformity with the regulations of this chapter.

(Decree nº 98-879 of September 29th, 1998 Article 1 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 4 Official journal of August 6th, 2005 in force on November 25th, 2005)

Labelling and the methods according to which it is carried out should not be likely to create a confusion in the spirit of the purchaser or the consumer, in particular on the characteristics of the foodstuff and in particular on nature, the identity, qualities, the composition, the quantity, durability, the origin or the source, the obtaining or manufacturing process.

Labelling should not comprise any mention tending to make believe that the foodstuff has particular characteristics whereas all the similar foodstuffs have these same characteristics.

Subject to the provisions applicable to the food products intended for a particular food like for natural mineral water, the labelling of a foodstuff should not give a report on properties of prevention, treatment and cure of a human disease nor to evoke these properties.

Prohibitions or restrictions envisaged above also apply to the publicity and the presentation of the foodstuffs, in particular with the form or the aspect given to this one or their packing, with material of packing used, the way in which they are laid out as with the environment in which they are exposed.

(Decree nº 2002-1025 of August 1st, 2002 Article 1 Official journal of August 2nd, 2002)

All the mentions of labelling laid down by this chapter must be easily comprehensible, written in French language and without other abbreviations that those laid down in the regulation or international conventions. They are registered at an apparent place and so as to be visible, clearly readable and indelible. They must in no way being dissimulated, veiled or separated by other indications or images.

The mentions of labelling laid down by this chapter can appear moreover in one or more other languages.

(Decree nº 98-879 of September 29th, 1998 Article 2 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 5 Official journal of August 6th, 2005 in force on November 25th, 2005)

Without damage of the relative tendencies to metrological control, the labelling of the prepackaged foodstuffs comprises, under the conditions and subject to the exemptions envisaged from the present chapter, the following obligatory mentions:

3º quantity of certain ingredients or categories of ingredients, under the conditions envisaged with articles R. 112-17 and R. 112-17-1;

5º the date of minimal durability or, in the case of very perishable foodstuffs microbiologiquement, the deadline of consumption as well as the indication of the particular conditions of conservation;

6º the name or the company name and the address of the manufacturer or the conditioner or a salesman established inside the territory of the European Community;

8º the place of origin or of source each time the omission of this mention is likely to create a confusion in the spirit of the purchaser on the origin or the real source of the foodstuff;

9º directions for use each time its mention is necessary to a suitable use of the foodstuff like, if necessary, particular conditions of use.

(Decree nº 98-879 of September 29th, 1998 Article 3 Official journal of October 2nd, 1998)

(Decree nº 2003-907 of September 22nd, 2003 Article 1 Official journal of September 24th, 2003 in force on July 1st, 2004)

(Decree nº 2005-944 of August 2nd, 2005 Article 6 Official journal of August 6th, 2005 in force on May 26th, 2006)

Without damage of the provisions of article R. 112-9, the labelling of the prepackaged foodstuffs enumerated with the present article comprises the following complementary obligatory mentions:

1º the voluminal alcoholometric title acquired for drinks titrating more than alcohol 1,2% in volume;

2º mention “conditioned under protective atmosphere” for the foodstuffs of which durability was prolonged by gases of packing authorized pursuant to the decree nº 89-674 of September 18th, 1989 relating to the additives which can be employed in the food products intended for the human consumption;

3º mention “with sweetening substance (S)” for the foodstuffs containing one or more sweetening substances authorized pursuant to the decree of the above mentioned September 18th, 1989. This mention must accompany the denomination by sale as laid down with article R. 112-14;

4º mention “with sugar (S) and edulcorating (S)” for the foodstuffs containing at the same time the sugars added and one or more of the sweetening substances authorized pursuant to the decree of the above mentioned September 18th, 1989. This mention must accompany the denomination by sale laid down with article R. 112-14;

5º the mention “contains a source of phenylalanine” for the foodstuffs containing of the aspartame;

6º the mention “an excessive consumption can have laxative effects” for the foodstuffs in which polyols, authorized pursuant to the decree of the above mentioned September 18th, 1989, were incorporated ina rate higher than 10%;

7º mention “high percentage of cafeine”, for drinks intended to be consumed in the state or after reconstitution of the concentrated or dehydrated product, when these drinks contain cafeine, whatever is the source, in a proportion higher than 150 milligrams per liter. This mention appears in the same field of vision as the denomination of sale. It is followed indication, between brackets, of the content cafeine expressed in milligrams by 100 millilitres and must meet the conditions envisaged with article R. 112-8.

However, this mention and this indication are not applicable to drinks containing coffee, of the, or extract of coffee or the, whose denomination of sale comprises the term “coffee” or “the”;

8º the mention “contains liquorice” for the confectioneries or drinks containing of the acid glycyrrhizinic or its ammonium salt following the addition of the substances such as they are or of liquorice Glycyrrhiza will glabra, with a higher concentration or equalizes to 100 mg/kg or 10 mg/l, except if the term “liquorice” appears already in the list of the ingredients or the denomination under which the product is marketed.

This mention appears just after the list of the ingredients, except if the term “liquorice” appears there already or if it appears in the denomination under which the product is marketed.

In the absence of list of the ingredients, the mention appears close to the denomination under which the product is marketed;

9º the mention “contains liquorice - the people suffering from hypertension must avoid any excessive consumption” for the confectioneries containing of the acid glycyrrhizinic or its ammonium salt following the addition of the substances such as they are or of liquorice Glycyrrhiza will glabra, with concentrations higher or equal to 4 g/kg.

In the absence of list of the ingredients, the mention appears close to the denomination under which the product is marketed;

10º the mention “contains liquorice - the people suffering from hypertension must avoid any excessive consumption” for drinks containing of the acid glycyrrhizinic or its ammonium salt following the addition of the substances such as they are or of liquorice Glycyrrhiza will glabra, with concentrations higher or equal to 50 mg/l, or higher or equal to 300 mg/l in the case of the drinks containing more than 1,2% in volume of alcohol.

In the absence of list of the ingredients, the mention appears close to the denomination under which the product is marketed.

The contents mentioned with the 8º, 9º and 10º apply to the products as offered ready to consume or reconstituted in accordance with the instructions of the manufacturers;

11º other obligatory mentions envisaged, if necessary, by the other regulations relative to certain given foodstuffs.

(Decree nº 98-879 of September 29th, 1998 Article 4 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 7 Official journal of August 6th, 2005 in force on November 25th, 2005)

When the prepackaged foodstuffs are intended to be presented to the ultimate consumer or to the communities, the mentions laid down with articles R. 112-9 and R. 112-9-1 are related on prepackaging or a label related to this one. The mentions enumerated with the 1º, 4º and 5º of article R. 112-9 and with the 1º of article R. 112-9-1 are gathered in the same field of vision.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 8 Official journal of August 6th, 2005 in force on November 25th, 2005)

The provisions of article R. 112-10 do not apply to prepackagings whose largest face has a surface lower than 10 square centimeters, like for the bottles out of glass intended to be re-used, which are marked in an indelible way and which, so carry neither label, neither rings, nor flange. The labelling of these products can comprise only the mentions envisaged with the 1º, 4º and 5º of article R. 112-9, and, if necessary, those envisaged by article R. 112-16-1.

(Decree nº 98-879 of September 29th, 1998 Article 5 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 9 Official journal of August 6th, 2005 in force on November 25th, 2005)

When the prepackaged foodstuffs are marketed at a stage former to the sale with the ultimate consumer or when they are intended to be delivered to the “communities”, to be there prepared, transformed, split or output, mentions envisaged with article R. 112-9, except for the indication of the package, and those envisaged with article R. 112-9-1 can be reproduced only on the cards, goods of delivery or documents commercial when those accompany the foodstuffs to which they are referred or when they were sent before the delivery or at the same time as it. These documents must be held on the spot of use or storage of the foodstuffs to which they refer. In this case, the mentions laid down with the 1º, 5º and 6º of article R. 112-9 are related moreover to the external packing in which the aforementioned food products are presented during marketing.

(Decree nº 98-879 of September 29th, 1998 Article 6 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 10 Official journal of August 6th, 2005 in force on November 25th, 2005)

In the case of the mail-order sellings, the catalogs, booklets, leaflets or advertisements making known with the consumer the products offered to the sale and enabling him to carry out its order directly must comprise the mentions envisaged with the 1º, 2º, 4º and 8º of article R. 112-9 and with the 11º of article R. 112-9-1.

Decrees of the minister in charge for consumption, the Minister for agriculture and other interested ministers lay down, as a need, the practical methods of application of articles R. 112-9 to R. 112-12, in particular with regard to the use of conventional signs.

The denomination of sale of a foodstuff is that fixed by the regulations in force as regards repression of the frauds or, failing this, by other regulations or the regular commercial practices. In the absence of regulations or uses, this denomination must consist of a description of the foodstuff and, if necessary, of its use. Description must be sufficiently precise to make it possible the purchaser to know real nature and to distinguish it from it from the products with which it could be confused.

In all the cases, the denomination of sale must be independent of brand name or factory or name fancy.

Each time the omission of this indication is likely to create a confusion in the spirit of the purchaser, the denomination of sale comprises an indication of the physical status in which the foodstuff is or of the specific treatment that it underwent, such as, in particular: out of powder, freeze-dried, frozen, frozen, defrosted, pasteurized, sterilized, reconstituted, concentrated, smoked.

(inserted by Decree nº 98-879 of September 29th, 1998 Article 7 Official journal of October 2nd, 1998 in force on February 14th, 2000)

When the foodstuff was produced in another State of the European Community, the denomination of sale under which it manufactured and is legally marketed in this State is also allowed.

If necessary, this denomination of sale is accompanied by other descriptive information which must appear near this one, when the application of the other provisions of this chapter, in particular those envisaged with article R. 112-9, is not likely to make it possible to the consumer to know the real nature of the food product and to distinguish it from the food products with which it could confuse it.

Notwithstanding the provisions of the first subparagraph of this article, this denomination of sale is not allowed when the food product which it indicates draws aside so much, from the point of view of its composition or its manufacture, of the food product known under this denomination on the national territory that the provisions of the preceding subparagraph are not enough to ensure correct information of the consumer.

(Decree nº 98-879 of September 29th, 1998 Article 7 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 11 Official journal of August 6th, 2005 in force on November 25th, 2005)

The list of the ingredients is consisted the enumeration of all the ingredients of the foodstuff in the decreasing order of their ponderal importance at the time of their implementation.

1º added water and the volatile ingredients are indicated in the list according to their ponderal importance in the end product. The quantity of added water as ingredient in a foodstuff is given by withdrawing total quantity of the end product the total quantity of the other ingredients implemented.

a) When water is used during the manufacturing process, only to allow the reconstitution in its country of origin of an ingredient used in concentrated or dehydrated form;

2º the ingredients used in a concentrated or dehydrated form and reconstituted during manufacture can be indicated in the list of the ingredients according to their ponderal importance before the concentration or dehydration;

3º When it is about concentrated or dehydrated food, for which it is necessary to add water, the enumeration can be done according to the order of the proportions in the reconstituted product, provided that the list of the ingredients is accompanied by a mention such as “Ingredients by the reconstituted product” or “Ingredients of the product ready with consumption”;

4º When fruits, vegetables or mushrooms, of which none prevails in weight significantly and who are used in proportions likely to vary, are used in mixture as ingredients in a foodstuff, they can be gathered in the list of the ingredients under designation “fruits”, “vegetables” or “mushrooms” followed by the mention “in variable proportion”, immediately followed enumeration of the fruits, vegetables or mushrooms present. In this case, the mixture is indicated in the list of the ingredients, according to the weight of the whole of the fruits, vegetables or mushrooms present;

5º In the case of the mixtures of spices or aromatic plants, of which none prevails in weight significantly, these ingredients can be enumerated according to a different order provided the list of the ingredients is accompanied by a mention such as “in variable proportion”;

6º the ingredients intervening for less than 2% in the end product can be enumerated in a different order following the other ingredients;

7º When similar and substitutable ingredients between them are likely to be used in the manufacture or the preparation of a foodstuff without deteriorating of it the composition, nature or the perceived value, and in so far as they intervene for less than 2% in the end product, their designation in the list of the ingredients can be realized using the mention “contains and/or…” if one at least, among two ingredients at most, is present in the end product. This provision does not apply to the additives nor with the ingredients enumerated with appendix IV of this chapter or coming from an ingredient enumerated with this same appendix.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 12 Official journal of August 6th, 2005 in force on November 25th, 2005)

1º fresh Fruit and vegetables, including the potatoes, which were not the subject of a weeding, cutting or another similar treatment;

3º Vinegars of fermentation coming exclusively from only one basic commodity and having undergone the addition of no other ingredient;

4º Fromage, butter, milks and creams fermented, insofar as these food products underwent the addition only lacteous products, enzymes and cultures of micro-organisms, necessary to manufacture, or that salt necessary to the manufacture of cheeses other than fresh or melted;

5º Produits comprising one ingredient, provided that the denomination of sale is identical in the name of the ingredient or that it makes it possible to determine the nature of the ingredient without risk of confusion.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 12 Official journal of August 6th, 2005 in force on November 25th, 2005)

The provisions of article R. 112-15-1 do not apply to the ingredients used in the production of a foodstuff and always present in the end product, even in modified form, and enumerated with appendix IV of this chapter or coming from an ingredient enumerated with this same appendix. These ingredients are indicated according to the methods envisaged to article R. 112-16-1.

(Decree nº 2005-944 of August 2nd, 2005 Article 13 Official journal of August 6th, 2005 in force on November 25th, 2005)

1º the ingredients belonging to the one of the categories enumerated with appendix I of this chapter and which are component of another foodstuff can be indicated under the name of their category;

2º the ingredients belonging to the one of the categories enumerated with appendix II of this chapter are indicated under the name of their category, follow-up either of their specific name, or of their number EC. When an ingredient belongs to several categories, the category indicated is that corresponding to its principal function in the food product concerned;

4º the provisions of the 1º, the 2º and the 3º are not applicable to the ingredients enumerated with appendix IV of this chapter or coming from an ingredient enumerated with this same appendix. These ingredients are indicated according to the methods envisaged to article R. 112-16-1;

5º Notwithstanding the 1º and the 2º, designations “starch (S)” and “starch (S) modified (S)” are supplemented by the indication of their specific vegetable origin when these ingredients can contain gluten.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 14 Official journal of August 6th, 2005 in force on November 25th, 2005)

Any ingredient used in the production of a foodstuff and always present in the end product, even in a modified form, and enumerated with appendix IV of this chapter or coming from an ingredient enumerated with this same appendix, is mentioned on labelling, is supplied with a clear reference in the name of the ingredient, except if the denomination of sale returns clearly to the ingredient.

Any substance used in the production of a foodstuff and always present in the end product, even in a modified form, and coming from ingredients enumerated with appendix IV of this chapter is regarded as an ingredient and is mentioned on labelling, supplied with a clear reference in the name of the ingredient from which it comes.

For alcoholic drinks, this mention includes/understands the term “contains” followed name of the ingredient or ingredients concerned (S). However, such a mention is not necessary if the ingredient appears already under its specific name in the list of the ingredients or the denomination of sale of drink.

These provisions are applicable to all the prepackaged food products, including with the conditioned food products:

1º In bottles out of glass intended to be re-used which are marked in an indelible way and which, so carry neither label, neither rings, nor flange;

2º In packing or containers of which the largest face has a surface lower than 10 square centimeters.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 14 Official journal of August 6th, 2005 in force on November 25th, 2005)

When an ingredient was elaborate from several others, this made up ingredient can appear in the list of the ingredients under its denomination, insofar as this one is envisaged by the regulation or is devoted by the use, and in the place corresponding to its weight, on the condition of being immediately followed enumeration of its own ingredients.

(inserted by Decree nº 2005-944 of August 2nd, 2005 Article 14 Official journal of August 6th, 2005 in force on November 25th, 2005)

The enumeration mentioned with article R. 112-16-2 is not however obligatory for the ingredients other than those enumerated with appendix IV of this chapter, or coming from an ingredient enumerated with this same appendix:

1º When the composition of the made up ingredient is defined within the framework of a Community legislation into force, and in so far as the made up ingredient intervenes for less than 2% in the end product; however, this provision does not apply to the additives, subject to the provisions of article R. 112-3;

2º For the ingredients made up consisting of mixtures of spices and/or aromatic plants which intervene for less than 2% in the end product, except for the additives, subject to the provisions of article R. 112-3;

3º When the made up ingredient constitutes a food product for which the regulation does not require the list of the ingredients.

(Decree nº 98-879 of September 29th, 1998 Article 9 Official journal of October 2nd, 1998 in force on February 14th, 2000)

(Decree nº 2000-705 of July 20th, 2000 Article 1 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 15 Official journal of August 6th, 2005 in force on November 25th, 2005)

Without damage of the relative tendencies to nutritional labelling of the foodstuffs, the labelling of a foodstuff must comprise the indication of the quantity of an ingredient or a category of ingredients which was used in its manufacture or its preparation in the following cases:

1º the ingredient or the category of ingredients in question appears in the denomination of sale or is generally associated with the denomination of sale by the consumer;

2º the ingredient or the category of ingredients in question is highlighted in labelling by words, images or a chart;

3º the ingredient or the category of ingredients in question is essential to characterize the foodstuff and to distinguish it from the products with which it could be confused because of its denomination or its aspect.

Mention envisaged with the first subparagraph figure either in the denomination of sale of the foodstuff, or in the vicinity immediate of this denomination, or in the list of the ingredients in connection with the ingredient or the category of ingredient in question.

The quantity mentioned, expressed as a percentage, corresponds to the quantity of the ingredients at the time of their implementation.

When a foodstuff underwent a loss of moisture following a heat treatment or different, this quantity corresponds to the expressed as a percentage relationship between the quantity of the ingredients implemented and that of the end product.

However, when the quantity of an ingredient or the total quantity of all the ingredients expressed in labelling exceeds 100% of the total quantity of the end product after loss of moisture, the percentage is replaced by the indication of the weight of the ingredients used for the preparation of 100 grams end product.

The quantity of the volatile ingredients is indicated according to their ponderal importance in the end product.

The quantity of the ingredients used in a concentrated or dehydrated form and reconstituted during manufacture can be indicated according to their ponderal importance before the concentration or dehydration.

When it is about concentrated or dehydrated food for which it is necessary to add water, the quantity of the ingredients can be expressed according to their ponderal importance in the reconstituted product.

(Decree nº 98-879 of September 29th, 1998 Article 10 Official journal of October 2nd, 1998 in force on February 14th, 2000)

(Decree nº 2000-705 of July 20th, 2000 Article 2 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 16 Official journal of August 6th, 2005 in force on November 25th, 2005)

b) The quantity must already be reproduced on labelling pursuant to payments of the European Community or regulations resulting from the transposition of directives of the European Community;

d) Who, while appearing in the denomination of sale, is not likely to determine the choice of the consumer since the variation of quantity is not essential to characterize the foodstuff or likely to distinguish it from other similar products;

2º When specific provisions, contained in payments of the European Community or resulting from the transposition of directives of the European Community, determine in a precise way the quantity of the ingredient or the category of ingredients without envisaging the indication of it on labelling;

3º In the case of mixtures of fruits or vegetables or mushrooms or spices or aromatic plants, of which none prevails in weight significantly;

4º In the case of mixtures of spices or aromatic plants, of which none prevails in weight significantly;

5º Whenever the mention “edulcorating (S)” or “with sugar (S) and edulcorating (S)” accompanies the denomination by sale of a foodstuff, in accordance with the provisions of article R. 112-9-1 (3º and 4º);

6º With the mentions relating to the addition of vitamins and minerals whenever these substances are the subject of a nutritional labelling.

(Decree nº 98-879 of September 29th, 1998 Article 11 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 17 Official journal of August 6th, 2005 in force on November 25th, 2005)

The indication of the clear quantity is expressed in unit of volume for the liquid products and in unit of mass for the other food products by using, according to the case, the liter, the centilitre, the millilitre either the kilogram or the gram.

For snails prepared in shell and oysters, the quantity can be expressed of many units with the indication of the gauge.

With regard to the moulds in shell, the quantity can also be indicated in unit of volume.

When the indication of a certain type of quantity, for example nominal quantity, minimal quantity, average quantity, is envisaged by the Community provisions and, in their absence, by the national provisions, this quantity is the clear quantity.

(Decree nº 2005-944 of August 2nd, 2005 Article 18 Official journal of August 6th, 2005 in force on November 25th, 2005)

The indication of the clear quantity of the prepackaged foodstuffs is not obligatory:

1º For the products of which the clear quantity is lower than 5 grams or 5 millilitres, except however aromatic spices and plants;

2º For the products which are subjected to considerable losses of their volume or their mass and which are sold at piece-rates or are weighed in front of the purchaser;

3º For the products of confectionery whose weight net is lower than 20 grams, traditionally sold at piece-rates;

4º For jams, frosts, marmalades of fruits, prune creams, chestnut purees and other nuts, crystallized of petals or fruit candied fruits and raisinés of a quantity lower than 50 grams;

5º For cheeses profiting from the label of origin “Vacherin of high Doubs” or “Gold Mount”;

6º For nondefinite cheeses manufactured by the agricultural producers treating only the milks of their own exploitation, traditionally sold at piece-rates;

7º For the products of chocolate whose weight net is lower than 50 grams, sold at piece-rates.

When a foodstuff is presented in a liquid medium, the drained weight net of this foodstuff is also indicated in labelling.

(Decree nº 2005-944 of August 2nd, 2005 Article 19 Official journal of August 6th, 2005 in force on November 25th, 2005)

When a prepackaging consists of several prepackagings containing the same quantity of the same product, the indication of the clear quantity is given by mentioning the clear quantity contained in each individual prepackaging and their full number. These mentions however obligatory when the full number of individual prepackagings can be clearly considering and easily are not counted outside and when at least an indication of the clear quantity contained in each individual prepackaging can be clearly seen outside.

When a prepackaging consists of several individual packing containing the same quantity of the same product which is not regarded as units of sale, the indication of the clear quantity is given by mentioning the total clear quantity and the full number of individual packing.

(Decree nº 2005-944 of August 2nd, 2005 Article 20 Official journal of August 6th, 2005 in force on November 25th, 2005)

Labelling comprises the inscription, under the responsibility of the conditioner, of a date until which the food product preserves its specific properties under suitable conditions of conservation.

In the case of the very perishable food products microbiologiquement and which, so are likely, after one short period, to present an immediate danger for the human health and in the case of the food products for which the regulation as regards sanitary control fixes one shelf life, this date is a deadline of consumption, announced by one of the mentions “to consume until” or “to consume until the date appearing” followed respectively either of the date itself, or of the indication of the place where it appears in labelling. The date is composed of the indication, in light and in the order, of the day, of the month and, possibly, the year. This information is followed of a description of the conditions of conservation, in particular of temperature, to respect.

In the other cases this date is a deadline of announced optimal use, by the mention “to consume preferably before” when it comprises the indication of the day, “consuming preferably before end…” in the other cases. This mention is followed either of the date itself, or of the indication of the place where it appears in labelling. The date is composed of the indication, in light and in the order, of the day, of the month and the year. However, when the durability of these food products is lower than three months, the indication of the day and the month is enough; when this durability is higher than three months, but eighteen months do not exceed, the indication of the month and the year is enough, and when durability is higher than eighteen months, the indication of the year is enough.

The date is accompanied, if necessary, by the indication of the conditions of conservation, in particular of temperature, of which the respect makes it possible to ensure durability indicated.

(Decree nº 2005-944 of August 2nd, 2005 Article 21 Official journal of August 6th, 2005 in force on November 25th, 2005)

1º fresh Fruit and vegetables, including the potatoes, which were not the subject of a weeding, cutting or another similar treatment. This exemption does not apply to germinating seeds and the similar products such as the leguminous plant jets;

2º Wines, liqueur wines, sparkling wines, aromatized wines and similar products obtained starting from fruits other than the grape;

3º Drinks concerned with codes N.C. 2206.00.91, 2206.00.93 and 2206.00.99 of payment (the EEC) nº 2658/87 of the Council of July 23rd, 1987 relating to the tariff and statistical nomenclature and the Commun Customs Tariff and manufactured starting from grape or of grape must;

5º nonalcoholic soft Drinks, fruit juice, nectars of fruits and alcoholic drinks in individual containers of more than 5 liters, intended to be delivered to the communities;

6º Produced bakery or pastry making which, because of their nature, are usually consumed within twenty-four hour after manufacture;

10º Products of confectionery consisting almost only of aromatized and/or coloured sugars;

(Decree nº 98-879 of September 29th, 1998 Article 12 Official journal of October 2nd, 1998)

(Decree nº 2005-944 of August 2nd, 2005 Article 22 Official journal of August 6th, 2005 in force on November 25th, 2005)

Are prohibited the detention for the sale or of the distribution on a purely free basis, the setting on sale, the sale or the distribution on a purely free basis of the foodstuffs comprising a deadline of consumption since this date is exceeded.

Are also prohibited the detention for the sale or of the distribution on a purely free basis, the setting on sale, the sale or the distribution on a purely free basis of the foodstuffs stored under conditions nonin conformity with those which are prescribed in their labelling.

(Decree nº 98-879 of September 29th, 1998 Article 13 Official journal of October 2nd, 1998)

Decrees of the minister in charge for consumption, the Minister for agriculture and, if necessary, other ministers concerned fix the conditions of determination of the acquired voluminal alcoholometric title, as well as the practical methods of its indication.

The provisions envisaged with the preceding subparagraph as with the 1º of article R. 112-9-1 are not applicable to the products subjected to the provisions of the payment nº 1627/86 of the Council of the European Communities of the establishing May 6th, 1986 of the rules for the designation of the special wines with regard to the indication of the alcoholometric title.

(Decree nº 98-879 of September 29th, 1998 Article 14 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

Before their marketing, the foodstuffs, that they are prepackaged or not prepackaged, must be accompanied by an indication making it possible to identify the package to which they belong.

The indication of the package is determined and affixed, under its responsibility, by the producer, the manufacturer or the conditioner of the foodstuff or by the first salesman established inside the territory of the European Community.

(Decree nº 98-879 of September 29th, 1998 Article 15 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 23 Official journal of August 6th, 2005 in force on November 25th, 2005)

The indication of the package of the foodstuffs prepackaged figure on prepackaging or a label related to this one.

The indication of the manufacturing package is preceded by the letter “L”, except if it is distinguished clearly from the other mentions of labelling.

However, when the date of minimal durability or the deadline of consumption appears in labelling, the manufacturing package can not be indicated since this date is composed of the indication, in light and in the order, at least of the day and the month.

The indication of the package of the foodstuffs not prepackaged figure on packing or the container containing the foodstuff or, failing this, on the commercial documents referring to it.

(Decree nº 98-879 of September 29th, 1998 Article 16 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

a) That is to say sold or delivered to stations of storage, conditioning or packing;

c) That is to say collected for their immediate use in a procedure processing or of transformation;

a) Are not prepackaged, including when they are packed later on at the request of the purchaser;

3º foodstuffs contained in packing or containers of which the largest face has a surface lower than 10 square centimeters;

4º ice-cream personal doses. The indication making it possible to identify the package must be reproduced on packing of grouping.

(Decree nº 98-879 of September 29th, 1998 Article 17 Official journal of October 2nd, 1998)

(Decree nº 2000-705 of July 20th, 2000 Article 4 Official journal of July 28th, 2000)

(Decree nº 2005-944 of August 2nd, 2005 Article 30 Official journal of August 6th, 2005 in force rectifying on November 25th, 2005 JORF January 14th, 2006)

Decrees of the minister in charge for consumption, the minister in charge for agriculture and, if necessary, other interested ministers specify as a need the modes of enforcement for this chapter.

(Decree nº 98-879 of September 29th, 1998 Article 18 Official journal of October 2nd, 1998)

Any foodstuff presented not prepackaged on the spot of sale to the ultimate consumer must be provided on itself or in the vicinity immediate, without risk of confusion, of a poster, a sign or any other means appropriate comprising the denomination of sale under the conditions envisaged to articles R. 112-14 and R. 112-14-1, accompanied, if necessary, of the mentions envisaged with the 3º and 4º of article R. 112-9-1.

CATEGORIES Of INGREDIENTS FOR WHICH the INDICATION OF the CATEGORY CAN REPLACE THAT OF the SPECIFIC NAME

CATEGORIES Of INGREDIENTS

DESIGNATION OF THE CATEGORY

Refined oils others that olive oil.

“Oil”, supplemented:

- is by the qualifier, according to the case, “vegetable” or “animal”;

- is by the indication of the vegetable or animal specific origin.

The qualifier “hydrogenated” must accompany the mention by a hydrogenated oil.

Refined greases.

“Grease” or “fat contents”, supplemented:

- is by the qualifier, according to the case, “vegetable” or “animal”;

- is by the indication of the vegetable or animal specific origin.

The qualifier “hydrogenated” must accompany the mention by a hydrogenated grease.

Mixtures of flours coming from two or several species of cereals.

“Flour”, followed enumeration of the cereal species from which it comes by order from decreasing ponderal importance.

Native starches and starches modified using physical methods or enzymatic.

“Starch (S) /fécule (S)”.

Any fish species when the fish constitutes an ingredient of another foodstuff and provided the denomination and the presentation of this food product do not refer to a precise fish species.

“Poisson (S)”.

Any cheese species when the cheese or the mixture of cheeses constitutes an ingredient of another foodstuff and provided the denomination and the presentation of this food product do not refer to a precise cheese species.

“Cheese (S)”.

All spices not exceeding 2% in weight of the food product.

“Spice” or “mixes spices”.

All plants or parts of plants aromatic not exceeding 2% in weight of the food product.

“Plant (S) aromatic (S)” or “mixes (S) aromatic plants”

All preparations of gums used in the manufacture of basic gum for chewing gums.

“Gum bases”.

Chapelure of any origine.

“Chapelure”.

All categories of saccharoses.

“Sugar”.

Anhydrous dextrose or monohydrate.

“Dextrose”.

Syrup of glucose and syrup of dehydrated glucose.

“Syrup of glucose”.

All proteins of milk (caseins, caseinates and proteins of small-milk and the whey) and their mixtures.

“Milk Proteins”.

Cocoa butter of pressure, expeller or refined.

“Cocoa butter”.

All types of wines such as defined in payment (EC) No 1493/1999 of the Council of the bearing May 17th, 1999 wine common organization of the market.

“Wine”.

Muscles skeletal (*) of species of mammals and of birds, which is recognized suited to human consumption with the fabrics which are naturally included or adherent, for which the total contents of fat contents and conjunctive fabric do not exceed the values mentioned hereafter and when the meat constitutes an ingredient of another foodstuff. The products covered by the Community definition of the “mechanically separated meats” are excluded from this definition.

Maximum conjunctive fabric and fat contents limits for the ingredients indicated by the term “meat (S) of”:

SPECIES	Fat contents (%)	Conjunctive FABRIC (1) (%)
Mammals (except rabbits and porcine) and mixtures of species with prevalence of mammals	25	25
Porcine	30	25
Birds and rabbits	15	10

(1) The content of conjunctive fabric is calculated by submitting the relationship between the contents of collagen and proteins of meat. The content collagen is 8 times the content of hydroxyproline.

When the maximum conjunctive fabric and/or fat contents limits are exceeded and that all the other criteria of the “meat (S) of” are respected, the content of “meat (S) of” must be adjusted with the fall consequently and lists it ingredients must mention, in addition to the terms “meat (S) of”, the presence of fat contents and/or conjunctive fabric.

(*) The diaphragm and the masseters belong to the skeletal muscles, while the heart, the language, the muscles of the head (others that masseters), from the carpus, the tarsus and the tail are excluded from it.

“Meat (S) of” and it (S) name (S) of (S) species (S) animal (S) of which it (S) provien (nen) T.

CATEGORIES Of INGREDIENTS WHICH ARE OBLIGATORILY INDICATED UNDER THE NAME OF THEIR CATEGORY, FOLLOW-UP OF THEIR SPECIFIC NAME OR NUMBER EC

(2) Only in the case of cheese spreads and of the products containing cheese spread.

1. The flavors are indicated either under the term “flavor (S)”, or under a more specific denomination or a description of the flavor.

2. The quinine and/or the cafeine which are used as a flavor in the manufacture or the preparation of a foodstuff must be indicated in the list of the ingredients under their specific denomination, immediately after the term “flavor”.

3. The “natural” qualifier or any expression having an appreciably equivalent significance can be used only for the flavors whose aromatizing part contains exclusively either of the aromatizing substances as defined in article 4 of the decree of April 11th, 1991 relating to the flavors intended to be employed in the foodstuffs, or of the aromatizing preparations as defined in article 7 of the same decree, or a mixture of these two categories of flavors.

4. If the designation of the flavor contains a reference to the nature or the vegetable or animal origin of the substances used, the “natural” term or any other expression having an appreciably equivalent significance can be used only if the aromatizing part were isolated by suitable physical processes or enzymatic or microbiological processes, or traditional methods of preparation of the foodstuffs only or almost only starting from the foodstuff or of the source of flavors concerned.

Cereals containing of the gluten (namely corn, rye, barley, oats, German wheat, kamut or their hybridées stocks) and produced containing these cereals.

Namely, nuts almonds (Amygdalus communis L.), hazel nuts (Corylus avellana), nut (Juglans regia), cashew nut (Anacardium Western), nut of pécan (Carya illinoiesis [Wangenh.] K. Koch), Brazil nut (Bertholletia excelsa), pistachios (Pistacia will vera), nut of Macadamia and nut of Queensland (Macadamia ternifolia) and produced containing these fruits.

Sulfur dioxide and sulphites in concentrations higher than 10 mg/kg or 10 mg/liter expressed out of SO2.

Decree n° 82-105/a of November 10th, 1982, relating to publicity, with regard to the consumer, of the selling prices to the measuring unit of certain prepackaged products

Article 1st. The prepackaged products being reproduced on the lists annexed in the present decree are subjected, when they are exposed for the retail sale to carry, to particular obligations with regard to the publicity of their prices.

These products must be provided with a label indicating the selling price to the kilogram, the hectogram, with the liter or the decilitre, the delivered clear quantity and the corresponding selling price.

The tradesman fixed with the present provisions can choose labelling with the hectogram or the kilogram, on the one hand, with the decilitre or the liter, on the other hand, subject to adopting only one measuring unit for each category of products mentioned in appendix.

Article 2. When identical prepackaged products are presented in weight or volumes equal and exposed together to the sight of the public, the mentions laid down with the preceding article can be related to only one sign appearing near the products considered.

Article 3. The article 1st is not applicable to the products which the regulations into force exempt of the indication of the clear quantity.

Article 4. In the case of the products for which the regulations into force require the indication of the drained clear quantity, the price with the kilogram or the hectogram will be reported to this quantity.

Article 5. Any publicity of price with regard to the consumer, made out of the places of sale on the products aimed to the article 1st is subjected to the same obligations.

Article 6. The article 1st is not applicable to the prepackaged products of which the clear quantities correspond to the kilogram, the hectogram, the liter or the decilitre.

Article 7. The provisions of the decree n° 73-42/P of September 20th, 1973 relating to the publicity of the selling prices to the consumer of certain prepackaged foodstuffs are repealed starting from January 1st, 1985.

March 1st, 1983 with regard to the goods marketed in the stores of retail business of an sales area higher than 2.500 square meters;

July 1st, 1983 with regard to the goods marketed in the stores of retail business of an sales area higher than 400 square meters;

January 1st, 1984 with regard to the goods marketed in the stores of retail business of an sales area higher than 120 square meters;

January 1st, 1985 with regard to the goods marketed in the other stores of retail business and by the craftsmen;

At the date of the next publication of the catalogs of the companies of mail-order selling printed after March 1st, 1983.

I. - LIST OF THE PREPACKAGED FOODSTUFFS CONCERNED WHATEVER THEIR MODE OF PRESENTATION OR CONSERVATION

Products of the sea and fresh water (fish, shellfish, molluscs…) in the state or transformed;

Fruit and vegetables, mushrooms (all crop product, including the dry fruit and vegetables, potatoes and derivative products of potato: preparation for mashed potatoes, chips, etc);

Products cereal and derived from cereals (rice, flour, semolinas, pasta products, cereals for breakfasts, etc);

Vinegar, products condiment and sauces (vegetables with the vinegar, olives, mustard, mayonnaises and sauces various);

Milk (believed, pasteurized, sterilized, concentrated, out of powder, aromatized);

Dairy products (butter, cream-coloured, fermented milks, fresh cheeses, cheeses usually sold with the weight or with the indication of the weight);

Chocolate (shelf, powder, candy of chocolate) and derivative products of the cocoa (powders for breakfasts, pastes to be pasted);

All intended products with a particular food (dietetic products, of mode, for infants and infants);

Sparkling wines, sparkling wines, vermouths, liqueur wines, liquors, brandies other than those profiting from a label of origin;

Toilet waters except for the extracts of perfumes, eau de Cologne, lotions of personal hygiene, emulsions;

Paintings, varnished and thinners, other than the fine colors for art and teaching.

1. Without prejudice to Directive 2000/13/EC, the labelling of food containing the food colours listed in Annex V to this Regulation shall include the additional information set out in that Annex.

2. In relation to the information provided in paragraph 1 of this Article, Article 13(2) of Directive 2000/13/EC shall apply accordingly.

3. Where necessary as a result of scientific progress or technical development, Annex V shall be amended by measures, designed to amend non-essential elements of this Regulation, in accordance with the regulatory procedure with scrutiny referred ( to in Article 28(4).

List of the food colours referred to in Article 24 for which the labelling of foods shall include additional information

« name or E number of the colour(s)’: may have an adverse effect on activity and attention in children. »

(*) With the exception of foods where the colour(s) has been used for the purposes of health or other marking on meat products or for stamping or decorative colouring on eggshell

ChocEtiq - Regulation