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