Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy) - Japan
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Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy) - Japan

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Regulatory Requirements for Fat in Ice Cream, Chocolate, and Caramel (Candy)

Japan

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Version Number

Content Creation Date

Publishing Date

Section(s) Updated & Reason(s) for Update

V0

6 Dec 2023

07 Nov 2024

N/A (new report)

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1.  ICE CREAM

1.1 Regulatory background of ice cream

In Japan, the Ministerial Ordinance Concerning Compositional Standards, etc. for Milk and Milk Products (Ministry of Health and Welfare Ordinance No. 52 of 1951) (hereafter referred to as “Ministerial Ordinance for Milk Products”) [1] sets out the legal definitions and specifications of milk and dairy products. Article 2 (20) defines “ice creams” as “products with milk fat of 3.0% or higher that are obtained by processing milk or foods made from milk or by freezing thereof excluding fermented milk”.

Depending on the composition, ice creams are divided into 3 sub-categories: “ice cream”, “ice milk” and “lacto ice”.  

1.2 Composition criteria – fat and milk fat requirement

The Ministerial Ordinance for Milk Products [1], the Fair Competition Code Concerning the Labeling of Ice Creams and Frozen Desserts [2], and the Fair Competition Code’s Enforcement Regulation [3] define the compositions and microbial requirements for ice cream, ice milk, and lacto ice, which are summarized in Table 1.2-1.

As presented in this table, milk fat can be replaced by vegetable fat in ice milk and lacto ice. However, use of vegetable fat in ice cream is not allowed. No legal limit has been established for trans-fats in all sub-categories.  

Table 1.2-1 Compositional Requirements for Ice Cream, Ice Milk, and Lacto Ice.

Subcategory

Milk solid

Milke fat

Vegetable fat

Bacterial count

Coliform

Ice cream

NLT 15.0%

NLT 8.0%

Cannot be added

NMT 100,000/g

Negative

Ice milk

NLT 10.0%

NLT 3.0%

Can be added

NMT 50,000/g

Negative

Lacto ice

NLT 3.0%

Not specified

Can be added

NMT 50,000/g

Negative

1.3 Can the milk fat be replaced by vegetable fat in ice cream?

As presented in Table 1.2-1, vegetable fat can be used in ice milk and lacto ice. Therefore, milk fat can be replaced by vegetable fat to the extent that the product satisfies the compositional requirements of each category.

If milk fat in ice cream is partly or entirely replaced by vegetable fat, the product would be re-classified to ice milk or lacto ice.

The sub-category name of ice creams (i.e., “ice cream”, “ice milk” or “lacto ice”) must be presented in the mandatory label table. The size must be 14 points (4.92 mm) or larger of Japanese Industrial Standards (JIS) Z 8305-1962. Additionally, the legal classification must be presented at an easy-to-find location on the same package surface of the product name.

2.  CHOCOLATE

2.1 Regulatory background of chocolate

In Japan, legal definitions of chocolates are provided by the Fair Competition Code Concerning the Labeling of Chocolates  [4].  According to this code, chocolates are divided into the following 4 sub-categories :

  • Chocolate

  • Chocolate confectionary

  • Semi - chocolate

  • Semi - chocolate confectionary

Further details of these categories are described in Section 2.2 below.  

2.2 Composition criteria - fat and milk fat requirement

The sub-categories of chocolates are determined by the product’s composition, mainly the type of dough. The Fair Competition Code Concerning the Labeling of Chocolates [4] defines 2 types of dough, “chocolate dough” and “semi-chocolate dough” (Table 2.2-1). Depending on the percentage of “chocolate dough” or “semi-chocolate dough” used in the final product together with use/non-use of other ingredients, the product category is determined from the 4 sub-categories (Table 2.2-2).  

No legal limit has been established for trans-fats.  

Table 2.2-1 Compositional Requirements for Dough

Dough type

Chocolate dough

Semi-chocolate dough

Constituents

Basic

Cacao replaced by dairy products

Milk chocolate

Basic

Semi-milk chocolate

Cacao*

35%

NLT 21%

NLT 21%

NLT 15%

NLT 7%

Cocoa butter in cacao

NLT 18%

NLT 18%

NLT 18%

NLT 3%

NLT 3%

Fat**

Not specified

Not specified

Not specified

NLT 18%

NLT 18%

Milk solid

Any

NLT 35% together with cacao

NLT 14%

Any

NLT 12.5%

Milk fat in milk solid

Any

NMT 3%

NMT 3%

Any

NLT 2%

Water

NMT 3%

NMT 3%

NMT 3%

NMT 3%

NMT 3%

*As a sum of cacao nibs, cacao mass, cocoa butter, and cocoa powder on dry basis

**Including cocoa butter and milk fat

Table 2.2-2 Compositional Requirements for Chocolate, Chocolate Confectionary, Semi-Chocolate, and Semi-Chocolate Confectionary

Ingredients

% of chocolate or semi-chocolate dough in the product

4 sub-categories of chocolates

Chocolate dough only

Chocolate dough 100%

Chocolate

Chocolate dough and other ingredients

Chocolate dough ≥60

Chocolate

Chocolate dough <60%

Chocolate confectionary*

Semi-chocolate dough only

Semi-chocolate dough 100%

Semi chocolate

Semi-chocolate dough and other ingredients

Semi-chocolate dough ≥60

Semi-chocolate

Semi-chocolate dough <60

Semi-chocolate confectionary*

*”Chocolate confectionaries” or “semi-chocolate confectionaries” are:

  • Products made from dough mixed with edibles (e.g., nuts, fruits, liquids) with 40% (w/w) of dough or higher

  • Products made from dough that with edibles (e.g., nuts, fruits, liquids) inside with 40% (w/w) of dough or higher

  • Products made from edibles (e.g., nuts, candies, biscuits, liquids) coated with dough (the coated surface must be ≥70% of the total surface area) with 20% (w/w) of dough or higher

  • Products made from dough coated with edibles (e.g., candies, sugars) with 30% (w/w) of dough or higher

  • Products made from dough joined with edibles with 30% (w/w) of dough or higher

2.3 Can the milk fat be replaced by vegetable fat in chocolate?

There are no restrictions in terms of the use of vegetable fat in chocolate’s 4 sub-categories. This would mean that vegetable fat can be used to the extent that the final product containing the vegetable fat satisfies the compositional requirements presented in Table 2.2-1 and 2.2.-2.

The sub-category name of chocolates (i.e., “chocolate”, “chocolate confectionary”, “semi-chocolate” or “semi-chocolate confectionary”) must be presented in the mandatory label table. The size must be 8 points (2.811 mm) or larger of Japanese Industrial Standards (JIS) Z 8305-1962.

3.  CARAMEL (candy)

3.1 Regulatory background caramel category (candy)

No specific definitions for caramel are provided under the current food regulatory system.

According to the Standard Table of Food Composition in Japan 2020 (8th revised edition) [5], a national database of food consumption compiled by the Ministry of Education, Culture, Sports, Science and Technology, “candies” are defined as “a collective term of confectionaries mainly made from sugar and starch syrup that can be divided into soft candies (boiled down at low temperature) and hard candies (boiled down at high temperature) depending on the temperature of boiling down sugar syrup”. Similarly, “caramels” are defined as “a category of soft candies that are made by stirring sugar and starch syrup while heating, mixing them with condensed milk, flour, shortening etc., concentrating them at a low temperature (120 to 125 °C), adding flavours, cooling, rolling and cutting”. These definitions are not legally-binding in terms of determining whether a product is candy or caramel, but they would serve as reference definitions.

3.2 Composition criteria – fat and milk fat requirement

There are no legally defined compositional requirements (including fat content and limit on trans fat) for candies and caramels. If any food additives (e.g., sweeteners, colors, emulsifiers, flavors) are used, they must be authorized for use in candies and caramels.

3.3 Can the milk fat be replaced by vegetable fat in caramel?

Considering the absence of legally defined compositional requirements, there would be no restrictions in terms of replacing milk fat with vegetable fat in caramel. Such replacement would not make any changes to the classification as caramel.  

Conclusion

  1. In Japan, ice creams and chocolates are legally defined with specific compositional requirements whereas only reference definitions are available for candies and caramels.

  2. Ice creams are divided into 3 sub-categories depending on their compositions. Vegetable fats can be used in “ice milk” and “lacto ice”, but not in “ice cream”.

  3. Chocolates are divided into 4 sub-categories depending on their compositions. There are no restrictions in terms of using vegetable fats. This would mean that vegetable fats can be used in the 4 sub-categories to the extent the final product satisfies the compositional requirements of each sub-category.

  4. In the absence of legally defined compositional requirements, there would be no restrictions in terms of using vegetable fats in candies and caramels.

4.  References

1. Ministerial Ordinance Concerning Compositional Standards, etc. for Milk and Milk Products (Ministry of Health and Welfare Ordinance No. 52 of 1951) (in Japanese)

https://elaws.e-gov.go.jp/document?lawid=326M50000100052

2. Fair Competition Code Concerning the Labelling of Ice Creams and Frozen Desserts (in Japanese)

https://www.icecream.or.jp/about/fair.html

3. Fair Competition Code’s Enforcement Regulation of Ice Creams and Frozen Desserts (in Japanese)

https://www.icecream.or.jp/about/fair.html

4. Fair Competition Code Concerning the Labelling of Chocolates (in Japanese)

https://media.toriaez.jp/s2990/556.pdf

5. Standard Table of Food Composition in Japan 2020 (8th revised edition) (in Japanese)

https://www.mext.go.jp/content/20201225-mxt_kagsei-mext_01110_011.pdf


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