Decree No. 397 / 2016 Coll.
Decree on milk and milk products requirements, frozen creams and edible fats and oils
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Order
Effective from 01.01.2017
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397
DECLARATION
of 2 December 2016
on requirements for milk and milk products, frozen creams and edible fats and oils
According to Article 18 (1) (a), (b), (g) and (h) of Act No. 110 / 1997 Coll., on Food and Tobacco Products, and amending and supplementing certain related laws, as amended by Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 120 / 2008 Coll. and Act No. 139 / 2014 Coll., ("Act '):
Subject matter
This decree implements the relevant provisions of the European Union1), following the directly applicable regulations of the European Union2) and provides for
(a) the method of labelling the foodstuffs, following their breakdown by species, group or subgroup, and the composition of the foodstuffs;
(b) food types broken down into groups and sub-groups;
(c) for each type of food, quality requirements, technological requirements, quality requirements related to the name and permitted negative mass and volume variations of packaging;
(d) for the different types of food referred to in this Order,
1. temperature modes for food storage or freezing;
2. methods of storage and handling of foodstuffs during their marketing;
3. Specific transport requirements,
4. minimum technological requirements.
MILK AND MILK PRODUCTS
Basic concepts
(1) For the purposes of this decree:
(a) milk milk in accordance with the Regulation on the common organisation of the markets in agricultural products2) meeting the requirements of the legislation on animal and public health requirements for animal products3) and of the European Union rules on hygiene rules for food products4) and treated under the legislation on animal and public health requirements for veterinary products3) and the Regulation laying down specific hygiene rules for food products5),
(b) a cream liquid milk product treated under the legislation governing animal and public health requirements (3) and under the Regulation laying down specific hygiene rules for food of animal origin (5) with a fat content of at least 10% by weight in the form of emulsion (milk fat in plasma) obtained by physical separation from milk;
(c) a fermented or acidified milk product obtained by the fermentation of milk, cream, buttermilk, whey or their mixtures using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(d) a yoghurt fermented milk product obtained by the fermentation of milk, cream, buttermilk or their mixtures by means of micro-organisms listed in Annex 1 to this Decree, for which the dry matter content may only be increased by the addition of milk protein, dried or concentrated milk, or by the removal of whey, not heat-treated after the fermentation process;
(e) concentrated milk or concentrated cream milk product, sweetened or unsweetened, obtained by partial evaporation of water from cream or full-fat, defatted or partially defatted milk, or from a mixture thereof, to which cream or milk powder may be added or both, and the addition of milk powder in the final product must not exceed 25% of the total dry matter content;
(f) dried milk or dried cream milk product powder obtained by drying whole, defatted or partially defatted milk or cream, or mixtures thereof, with a water content not exceeding 5% by weight,
(g) milk product made by precipitation of milk protein from milk by the action of rennet or other appropriate coagulation agents, separation of the whey content and subsequent acidification or maturation;
(h) whey milk product obtained as by-product in the manufacture of cheese, including curds and food caseins; whey may also be the milk component released after fermentation in the manufacture of other milk products, in particular for yoghurt or milk desserts,
(i) curd-free cheese, obtained by acidic clotting, or where acidic clotting predominates over clotting with rennet;
(j) butter milk product under the Regulation on the common organisation of the markets in agricultural products2),
(k) buttermilk milk product obtained as by-product in the manufacture of butter,
(l) a butter concentrate milk product with a total milk fat content of more than 90% by weight obtained from milk, cream or butter,
(m) buttermilk fat obtained from milk, cream or butter containing more than 99,3% by weight of milk fat,
(n) a traditional milk product of sour cream, containing added dried milk with the possibility of enrichment with whey powder or buttermilk powder, containing by weight not less than 31% and not more than 36% of milk fat, and at least 42% of dry matter produced by traditional technology by means of high-pressure homogenisation of the cream mixture, followed by acidification of the mixture and thermification with final homogenisation before bottling;
(o) milk protein product dried milk product obtained by separating protein from milk or whey;
(p) a food casein acidic milk product obtained by separation, washing and drying of the precipitate resulting from acidic precipitation of skimmed milk or other milk derived products, meeting the requirements laid down in Annex 2 thereto,
(q) a food casein sweet milk product obtained by separation, washing and drying of the precipitate resulting from the reaction of rennet or other coagulation enzymes from defatted milk or other milk products meeting the requirements of Annex 2 to this Regulation,
(r) a food caseinate milk product obtained by reaction of a food casein or its precipitate with neutralising agents and meeting the requirements set out in Annex 3 to this Regulation;
(s) milk retention product obtained by concentration of milk proteins based on ultrafiltration of milk, partly skimmed milk or skimmed milk,
(t) milk permeate product obtained by the removal of milk proteins and milk fat from milk, partly skimmed milk or skimmed milk based on ultrafiltration;
(u) the lactose natural component of milk which is normally obtained from whey with an anhydrous lactose content of at least 99,0% by weight on the dry anhydrous product; may be anhydrous or contain one crystal water molecule or may be a mixture of both forms,
(v) heat treatment of the technological process under the Regulation laying down specific hygiene rules for food of animal origin (5),
(w) thermification of heat treatment of dairy products after completion of the fermentation process and before packaging to suppress or stop the activity of the dairy microflora present up to 80 ° C;
(x) heat treatment (UHT) of milk and milk products under the Regulation laying down specific hygiene rules for food of animal origin (5);
(y) the sterilisation of milk and milk products by heat treatment of milk and milk products by their indirect heating in hermetically sealed packages to a temperature above 100 ° C for as long as they ensure compliance with the microbiological safety requirement laid down in the Regulation laying down specific hygiene rules for food of animal origin (5) without breaching the seal; and
(z) the average quantity of the foodstuff, the weight of the foodstuff without packaging, taking into account the negative weight or volume deviation.
(2) For the purposes of this Order, the following definitions shall also apply:
(a) a cream souffle milk product produced by the fermentation of milk, cream, buttermilk, whey or their mixtures using the mesophilic culture of micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process;
(b) the fermented milk milk milk product produced by the fermentation of milk using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(c) a sour buttermilk milk product produced by the fermentation of buttermilk or its mixture with milk using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(d) a sour or sour cream milk product produced by the fermentation of cream, using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(e) a sour or sour milk drink, a liquid milk product produced by the fermentation of milk, cream, buttermilk, whey or their mixtures using the micro-organisms listed in Annex 1 to this Decree, which is not heat-treated after the fermentation process,
(f) an acid-based milk product produced by the fermentation of milk, using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(g) yoghurt milk, a liquid milk product produced by the fermentation of milk, cream, buttermilk or their mixtures using the micro-organisms listed in Annex 1 to this Regulation, not heat-treated after the fermentation process,
(h) a kephir milk product obtained by the fermentation of milk, cream, buttermilk or their mixtures using the micro-organisms listed in Annex 1 to this Decree, for which there is also an alcohol fermentation for the formation of carbon dioxide, not heat-treated after the fermentation process;
(i) in kephir milk, a liquid milk product produced by the fermentation of milk, cream, buttermilk, whey or their mixtures, using the micro-organisms listed in Annex 1 to this Decree, not heat-treated after the fermentation process.
Breakdown of species, groups and sub-groups
The breakdown of milk and milk products into species, groups and sub-groups is set out in Annex 4 to this Decree.
Labelling
(1) For a milk product which has undergone a treatment in accordance with § 2 (v) to (y) at the end of the manufacturing process, the nature of the heat treatment under the Regulation laying down specific hygiene rules for food of animal origin (5) shall be added to the name.
(2) An indication of the net quantity for semi-solid or semi-liquid products falling within the categories and groups of products "liquid cream," "concentrated cream," "concentrated milk" and "fermented or acidified milk products," excluding yoghurt, is given in units by weight or volume.
(3) The negative weight deviations for milk and milk products are set out in Annex 5 to this Regulation.
(4) The indications on the fat content and the fat content of the dry matter of milk and milk products provided for in this Decree are quality data.
(5) For milk and milk products which are labelled on the packaging for the final consumer with information that they have been produced from whole milk without standardisation, the quality and the dry matter content need not be indicated.
(6) For milk and milk products which are labelled with nutrition information, the quality and the content of the dry matter may not be indicated except for the requirements laid down in paragraphs 1 to 3 of Section 9.
Milk and cream
(1) Milk and cream shall be marked
(a) the name of the species and group;
(b) the name of the sub-group according to the fat content laid down for each product by Regulation on the common organisation of the markets in agricultural products2) or in Annex 6 thereto; and
(c) fat content.
(2) Liquid milk of cow's milk or liquid cream of cow's milk shall be labelled only as milk or cream.
(3) For liquid milk and liquid cream, the method of heat treatment provided for in the Regulation laying down specific hygiene rules for food of animal origin (5) shall be indicated.
(4) Liquid milk or liquid cream which has not been treated with a temperature above 125 ° C may be marked as "fresh."
(5) The name "durable milk" or "durable cream" is to be used only for liquid milk or liquid cream which has been achieved by extending the shelf life by high temperature treatment or sterilisation.
(1) The designation "milk drink" may be used for a liquid milk product containing more than 50% by weight of milk or whey. In the case of a flavoured liquid milk product, the product name shall indicate the type of seasoning ingredient or food seasoning data according to the Decree on certain food labelling methods.
(2) The designation "milk product" means a milk product in which milk or milk product constitutes at least 50% by weight of that product.
(3) "High-fat cream cream" is labelled as high-fat cream without added sugar. Furthermore, the product shall be marked with a fat content and a dry matter content by weight.
(4) A product of curd, milk or cream containing added sugar and containing 30% or more by weight of fat in the dry matter shall be labelled as "cream cream." This product shall be marked with a dry matter content by weight and a fat content by weight in the dry matter or fat content.
Concentrated and dried milk products
(1) Only extra-white sugar, white sugar or semi-white sugar may be used as a source of sucrose for concentrated sweeteners, honey, confectionery, cocoa powder and mixtures of cocoa with sugar, chocolate and chocolate sweets (6).
(2) In the manufacture of concentrated sweetened milk products, the addition of lactose is permitted in quantities not exceeding 0,03% by weight of the total weight of the product.
(3) The addition of sucrose for concentrated sweetened milk products shall correspond to the sugar ratio of 60,5 to 64,5 given by the following formula:
(4) The durability of concentrated unsweetened dairy products can only be achieved by heat treatment under the Regulation laying down specific hygiene rules for food of animal origin (5).
(5) For concentrated sweetened milk products, durability can only be achieved by adding sucrose in accordance with paragraph 1.
(1) Durability for dried milk products can only be achieved by drying.
(2) The addition of vitamins and minerals under the Regulation on the addition of vitamins and minerals and certain other substances to food is authorised for concentrated milk products and dried milk products.
(3) Without prejudice to compositional requirements, for concentrated milk and milk powder, the protein content of milk may be adjusted at a minimum level of 34% by weight in the non-fatty dry matter by adding or removing milk ingredients in such a way that the ratio between whey proteins and casein is not altered in the milk treated. Milk permeate, milk retention and lactose may be used for this treatment.
(1) The concentrated milk product is identified by a non-fat dry matter content as a percentage by weight in accordance with Annex 6 to this Decree, Table 2.
(2) The concentrated milk product, with the exception of concentrated sweetened and unsweetened defatted milk, is to be marked with a fat content by weight in accordance with Annex 6 to this Decree, Table 2.
(3) The dried milk product, with the exception of skimmed-milk powder, is marked with a fat content by weight of the product name in accordance with Annex 6 to this Decree, Table 3.
(4) For milk powder and cream powder in a package intended for the final consumer, the recommended method of dilution or presentation shall be indicated, including indication of the fat content by weight of the product thus prepared.
(5) Where the concentrated milk product and dried milk product weighing less than 20 g are packed in a group packaging (8), labelling data may only be indicated on the group packaging, except for the name of the product type.
(6) In the case of a dried milk product, with the exception of a product intended for particular nutritional purposes (9), the packaging intended for the final consumer shall bear the indication "not intended for feeding infants within 12 months."
(1) The milk protein product must be made from a raw material heat treated under the Regulation laying down specific hygiene rules for food of animal origin (5).
(2) Only lactic acid, hydrochloric acid, sulphuric acid, citric acid, acetic acid, orthophosphoric acid, whey or bacterial cultures of lactic acid may be used in the manufacture of food casein, provided that they comply with the requirements of the Regulation on food additives and enzymes (10).
(3) Only rennet or other milk-coagulation enzymes may be used as technological aids and bacterial cultures in the manufacture of food casein if they comply with the requirements of the Regulation on food additives and enzymes (10).
(4) Only hydroxides, carbonates, phosphates or citrates of sodium, potassium, calcium, ammonium or magnesium as neutralising and buffer agents may be used in the manufacture of food caseinate if they comply with the requirements of the Food Additives Regulation and the Enzymez10).
(1) In addition to the information contained in the Regulation on food information to consumers 11) the protein dairy products shall be labelled on the packaging:
(a) the name of the species or group and the name of the subgroup in accordance with the requirements set out in Annex 2 to this Decree; for caseinate food, the specifications according to the cation referred to in Section 10 (4) shall be given;
(b) net weight in kilograms or grams;
(c) the name or business name and address of the food business operator placing the food on the market;
(d) for products imported from third countries, the name of the country of origin; and
(e) the date of manufacture or any other indication by which the lot may be identified.
(2) Protein milk products placed on the market as mixtures are further labelled on the packaging
(a) the word "mixture..." followed by the definition of ingredients under the Food Information Regulation for consumers 11),
(b) for food caseinate specifications according to the cation referred to in Article 10 (4); and
(c) for whey milk protein and for a mixture of caseinates with a protein content by weight.
(3) The particulars referred to in paragraph 1 (b) to (d) and those referred to in paragraph 2 (c) may only be entered in the accompanying documentation of the product.
Fermented or sour dairy products
(1) Individual milk product groups and types of lactic acid micro-organisms for the production of fermented milk products must comply with the requirements set out in the Regulation on the common organisation of the markets in agricultural products2), Annex 1 to this Regulation and Annex 6 to this Regulation, Table 4. Physical, chemical and microbiological requirements concern essential product types without flavouring additives.
(2) Flavoured fermented milk products may contain a maximum of 30% by weight of the flavouring ingredient.
(3) The sour or sour milk product is marked with:
(a) the name of the group;
(b) a fat content, and
(c) the seasoning ingredient used.
(4) All types of yogurt without added seasoning ingredients can be identified as white yogurt.
(5) A "concentrated milk product" may be identified as a milk product for which the milk protein content before fermentation or after fermentation has been increased to at least 5,6%.
(1) A milk product in which yoghurt accounts for at least 50% by weight of that product may be designated as "yoghurt."
(2) The milk product heat treated after the fermentation process and the milk product enriched with the addition of micro-organisms referred to in Annex 1 to this Decree shall be marked:
(a) the name of the species,
(b) a fat content, and
(c) the seasoning ingredient used.
Cheese and curd
(1) The cheese shall be marked:
(a) the name of the species; processed cheese, processed cheese product, processed milk product and whey cheese also named group,
(b) a fat or fat content in the dry matter,
(c) the dry matter content; and
(d) the seasoning ingredient used.
(2) "fresh cheese" may be marked as unripened cheese, including unripened cheese termised.
(3) "maturing cheese" may be identified as cheese in which further biochemical and physical processes have taken place after sneezing.
(4) "Melted cheese" is marked with cheese which has been heat-treated by melting.
(5) A "processed cheese product" is designated as a milk product which is heat treated with melting, contains more than 5% lactose and in which the cheese consists of at least 50% by weight of the dry matter of that product.
(6) A milk product which is heat treated by melting and contains more than 5% lactose shall be labelled as "processed milk product."
(7) "Parboiled cheese 'is a cheese which has been treated with hot water, hot steam, hot milk or cream after the fermentation.
(8) The milk product obtained by precipitating whey or a mixture of whey with milk is marked as "whey cheese."
(9) Natural cheese may be identified by the name of the sub-group if it complies with the requirements set out in Annex 6 to this Decree, Tables 5 to 7.
(10) The list of authorised ingredients other than cheese for the production of processed cheese, processed cheese products and processed milk products is set out in Annex 6 to this Decree, Table 9.
(1) The designation "cheese" means a milk product in which the cheese constitutes at least 50% by weight of that product.
(2) For a compound cheese product, the designation "cheese cake '," cheese dessert', "cheese roll '," salami melted cheese' may be used.
(3) The curd shall be marked
(a) the name of the species, group or subgroup;
(b) a fat or fat content in the dry matter,
(c) the dry matter content; and
(d) the seasoning ingredient used.
(4) For cheese and curd, a higher dry matter and fat content than indicated on the packaging is permitted. The fat content of the dry matter may not exceed the limits laid down for the relevant cheese and curd categories in Annex 6 to this Decree, Tables 5 and 8.
Butter and milk fats
(1) The butter may be marked as "fresh butter" within 20 days of the date of manufacture.
(2) "table butter" shall be marked as butter stored for a maximum period of 24 months from the date of manufacture at temperatures minus 18 ° C and below,
(3) For consumer-packed table butter, the date of application shall be 20 days from the date of removal from the freezer storage. The date of manufacture shall be marked on the packaging intended for consumers by the manufacturer, the date of removal from the freezer warehouse shall be marked by the distributor on the outer packaging and the date of application shall be marked by the seller.
(4) Traditional spreads are marked
(a) the dry matter content; and
(b) the seasoning ingredient used.
(5) For milk fat concentrates, the fat content is to be declared at the full percentage by weight.
Marketing of milk and milk products
Milk and milk products shall be stored, transported and placed on the market at a temperature between 2 ° C and 8 ° C with the exception of milk, cream and milk products treated with high-temperature treatment (UHT) or sterilisation, concentrated milk, milk powder and protein milk products, processed cheese, processed cheese products and other processed products which are stored, transported and marketed at the temperature specified by the manufacturer.
FROZEN COMES
Basic concepts
For the purposes of this decree:
(a) frozen cream of a product obtained by freezing a mixture prepared, depending on the group of frozen cream, mainly from water, milk, cream, fat, sugar and other ingredients, of a solid or paste consistency which is marketed and intended for final consumption in the frozen state,
(b) freezing the technological process of preserving products by rapidly reducing temperature to minus 18 ° C and below in accordance with the Decree on requirements applicable to certain frozen foodstuffs 12),
(c) frozen creams of cream and milk-frozen creams produced by the freezing of a mashed mixture prepared from milk raw materials, in particular cream, milk fat, butter, milk and milk powder, sugars or sweeteners, containing added other ingredients and flavourings, excluding vegetable fat,
(d) frozen creams with vegetable fat, frozen creams produced by freezing the whipped mixture prepared from milk or other milk raw materials, water, vegetable fats, sugars or sweeteners, containing added other ingredients and seasoning,
(e) frozen creams of water-frozen creams produced by freezing a mixture prepared from water and sugars or sweeteners containing other ingredients and flavourings,
(f) a sorbet frozen product obtained by freezing a mixture made from water and sugars with added fruit and, where appropriate, wine, including aromatised wine or alcohol, and other ingredients and seasoning additives,
(g) mixtures of ice-cream products or semi-finished products in liquid, concentrated or powdered form intended for the manufacture of ice-cream;
(h) dried ice cream mixture powder semi-manufactured or semi-finished powder containing not more than 4% water; and
(i) the average quantity of the foodstuff, the weight of the food without packaging, taking into account the negative weight deviation provided for in Annex 7 to this Decree.
Breakdown of groups and sub-groups
The breakdown of frozen creams into species, groups and subgroups is given in Annex 8 to this Decree.
Labelling
(1) Frozen cream is identified by the name of the species, group and subgroup.
(2) The frozen fruit cream shall be identified by the name of the species and subgroup, provided that the fruit component has been replaced by the dry nuts referred to in Article 21 (1) (c).
(3) Frozen cream packed can also be labelled as ice cream.
Quality requirements
(1) In the name of frozen cream the expression
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Regulation Information
| Citation | Decree No. 397 / 2016 Coll., on the requirements for milk and milk products, frozen creams and edible fats and oils |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.12.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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