S.I. No. 180/1975:

FOOD STANDARDS (COCOA AND CHOCOLATE PRODUCTS) (EUROPEAN COMMUNITIES) REGULATIONS, 1975.

FOOD STANDARDS (COCOA AND CHOCOLATE PRODUCTS) (EUROPEAN COMMUNITIES) REGULATIONS, 1975.

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 2 of the Food Standards Act, 1974 (No. 11 of 1974), and having consulted the Minister for Agriculture and Fisheries, the Minister for Health and such organisations as appear to me to be interested to a substantial extent in the subject matter, hereby make the following Regulations:

1. These Regulations may be cited as the Food Standards (Cocoa and Chocolate Products) (European Communities) Regulations, 1975, and shall come into operation on the 1st day of January, 1976.

2. (1) In these Regulations "the Council Directive" means Council Directive 73/241/EEC,¹ as amended by Council Directive 74/411/EEC,², Council Directive 74/644/EEC³ and Council Directive 75/155/EEC.⁴

¹ O.J No. L 228, 16.8.1973, p.23.

² O.J No. L 221, 12.8.1974, p.17.

³ O.J No. L 349, 28.12.1974, p.63.

⁴ O.J No. L 64, 11.3.1975, p.21.

(2) A word or expression used in these Regulations and in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. Except where the context otherwise requires, these Regulations apply to the products defined in Annex I to the Council Directive when those products are intended for sale for human consumption.

4. (1) On and from the 1st day of January, 1976, products to which these Regulations apply and which conform to the definitions and rules laid down in the Council Directive (including Annex I to that Directive) and, where appropriate, to Regulation 8 of these Regulations, may be offered for sale.

(2) On and from the 1st day of January, 1977, products to which these Regulations apply may not be offered for sale unless they conform to the definitions and rules laid down in the Council Directive (including Annex I to that Directive) and, where appropriate, to Regulations 5, 6, and 10 of these Regulations.

5. Subject to the condition specified in Article 3 (1) of the Council Directive, the name "milk chocolate" shall be used to describe a product defined at reference number 1.21 or 1.22 in paragraph 1 of Annex I to that Directive.

6. Filled chocolate and chocolates, obtained from chocolate products other than chocolate and couverture chocolate, may not be offered for sale unless the package, container or label of the product contains a statement of the type or types of chocolate product used.

7. Until the 1st day of August, 1977, packages, containers or labels of a product to which these Regulations apply may show, in addition to the name reserved by the Council Directive for that product, the name used for that product on the 1st day of August, 1973.

8. Until the 1st day of August, 1976 the description "halbbitter" shall not be used except for chocolate having a minimum total dry cocoa solids content of 50%, including at least 18% of cocoa butter.

9. Notwithstanding Article 7 of the Council Directive, in the case of the retail sale of chocolate figurines, chocolate cigarettes, chocolate eggs and loose chocolates it shall be sufficient compliance with that Article to place near the displayed product a notice containing the information required by that Article and the statements required by Regulations 6 and 11 of these Regulations.

10. Chocolate products may not be offered for sale by retail without wrapping unless a notice is placed near the displayed product which contains both the information required by Article 7 of the Council Directive and the statements required by Regulations 6 and 11 of these Regulations.

11. On and from the 1st day of January, 1977, where a chocolate product contains vegetable fat other than cocoa butter, it may not be offered for sale unless--

( a ) a statement to the effect that it contains vegetable fat other than cocoa butter appears on the package, container or label of the product, and

( b ) the amount of such fat is 5 per cent or less by weight of the chocolate component of the product.

GIVEN under my Official Seal this 1st day of August, 1975.

JUSTIN KEATING,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is (i) to give legal effect to Council Directive 73/241/EEC, as amended by Council Directive 74/411/EEC, Council Directive 74/644/EEC and Council Directive 75/155/EEC on the approximation of the laws of the Member States relating to cocoa and chocolate products intended for human consumption, and (ii) to fix a maximum limit to the amount of vegetable fat other than cocoa butter in chocolate products and to provide, where appropriate, for a declaration on the label or adjacent notice that the products contain such fat (Regulation 11 and, in part, Regulations 9 and 10).

Council Directive 73/241/EEC, as amended, prescribes standards for the composition, packaging and labelling of cocoa and chocolate products. From 1st January, 1976 cocoa and chocolate products conforming to the provisions of that Directive, as amended, must be allowed to circulate freely in the State and from 1st January, 1977 the marketing of products not so conforming is prohibited (Regulation 4). Regulations 5,6,7,9 and 10 relate to options or derogations on labelling given to Member States by Council Directive 73/241/EEC.

The use of the substances (additives) specified in Annex II, paragraph 2 (a) to Council Directive 73/241/EEC in cocoa and/or chocolate products marketed in the State is authorised until 31st December, 1977; the absence of a prohibition on the use of these substances at the time of Ireland's accession to the European Economic Community is regarded as being equivalent to their authorisation.