On March 2, 2021, The Food and Drug Administration of the Ministry of Health and Welfare of Taiwan issued amendments to the "Regulations Governing the Product Name and Labeling of Chocolate", which will take effect from January 1, 2022. Foodmate has compared and interpreted the newly released "Regulations Governing the Product Name and Labeling of Chocolate" (hereinafter referred to as the Amendment Regulations ) with the current version for your reference.

1. The chocolate content of "Filled chocolate" must be at least 25% 

The fourth point of the "Amendment Regulations" clarifies that the content of chocolate in filled chocolate products must be at least 25%, and the product name should be marked with "filled"，"processed" or the same meaning.

The current version doesn't contain filled chocolate identification rules. At present, the filled chocolates circulating in the Taiwan market are not subject to the "Regulations Governing the Product Name and Labeling of Chocolate". Enterprises named chocolate in accordance with article 7 of Enforcement Rules of Food Safety and Sanitation Administration, the name of the food should be consistent with the nature of the food to avoid confusion.

After the implementation of this regulation, it will help enterprises to standardize the naming of filled chocolate. At the same time, it will be stricter for filled chocolate production. The chocolate products which are  less than 25% chocolate may be named as "** candy", "** biscuit", etc.

2. The name of "chocolate spread, chocolate syrup" should be clearly marked

The fifth point of the "Amendment Regulations" add "semi-solid or liquid chocolate" product labeling regulations, standardizing a total cocoa solid content in chocolate spread and chocolate syrup should at least 5% or cocoa butter content at least 2%.
Manufacturers who produce this type of chocolate, should use the name of chocolate spread, chocolate syrup and other product names to facilitate consumers to distinguish the product types.

3. The addition of vegetable fats shall not exceed 5% of the total weight

The "Amendment Regulations" deletes the labeling requirements for Cocoa Butter Replacer (CBR) Chocolate. At present, the regulation is stipulated that vegetable oil can be added to replace cocoa butter. If the content does not exceed 5% of the total weight, "Vegetable oil is added to the cocoa butter" must be marked near the product name; if it exceeds 5% of the total weight, " Cocoa Butter Replacer " must be marked in front of the product name. This Amendment deletes the labeling requirements for CBR chocolate. The "Amendment Regulations" stipulates that products that add "other vegetable oils" exceeding 5% of the total weight of the product cannot use "chocolate" as the product name.  The product whose "other vegetable oils" addition amount does not exceed 5% of the total weight should be marked with "add vegetable oil" or its equivalent words near the product name.

Companies may name products with more than 5% of the total weight of vegetable oil added as "chocolate-flavored confectionery" and other names.

4.Clarify the penalties for chocolate products that aren't labelled in accordance with regulations

The seventh point of the "Amendment Regulations" newly stipulates that if the product name labeling does not comply with these regulations, and it involves false, exaggerated or misunderstood, it shall be handled in accordance with the relevant regulations of the Food Safety and Hygiene Management Law. The "Amendment Regulations" will be implemented on January 1, 2022. Those who fail to label in accordance with the regulations in the future will be punished for violation of Article 22 and paragraph 2, Article 25 of the Food Safety and Hygiene Management Law, a fine of more than 3 million yuan; The labeling is false in violation of Article 28, and a fine of 40,000 to 4 million will be imposed; packaging products shall be collected and corrected within a time limit in accordance with Article 52.

Summary

The "Amendment Regulations" clarified "filled chocolate" for the first time, and enterprises should pay attention to it and label it according to regulations. In addition, new regulations stipulates the labeling of "semi-solid or fluid chocolate" productsand clarifies the corresponding index requirements. Enterprises should self-check existing products and label them as required. Finally, companies should note that the "Amendment Regulations" deletes the labeling requirement of "Cocoa Butter Replacer Chocolate" and provides new labeling methods for corresponding products.

The "Amendment Regulations" has major changes this time. Companies should keep abreast of the changes in regulations and make adjustments accordingly to avoid losses.

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Business Division of Food Safety and Regulatory Compliance of Global Foodmate provides food standards & regulations research, labelling compliance consulting/Chinese label design, industry public opinion monitoring and analysis, registration services (of Infant formula, FSMP, Health food, Novel Food Ingredients, Novel Food Additives, New Varieties of Food-Related Products and Overseas manufacturers of imported food) and other comprehensive food safety solutions for domestic and overseas enterprises and institutions in food industry. 

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