CHOCOLATE STANDARDS OF IDENTITY

UNITED STATES OF AMERICA

Below you will find the standards of identity for the United States. It is fairly easy to understand what is and is not chocolate per US standards. Any deviation from these rules will result in a “compound coating,” “confectionery item,” or any other creative nomenclature you can use to describe the product without identifying it as “chocolate.” You will notice that milk solids can be added to both semisweet and sweet chocolate. Generally this is used as a bloom inhibitor at less than 2%, or as an allergen marker, hereby avoiding the “may contain” or shared equipment warnings.

USA FDA: 21CFR parts 163 Cacao Products & 163.24 White Chocolate CHOCOLATE SEMI-SWEET SWEET MILK WHITE (chocolate CHOCOLATE CHOCOLATE CHOCOLATE CHOCOLATE liquor) Cocoa Butter 50% to 60% ------20% Chocolate Liquor 100% 35% 15% 10% --- Total Cocoa Solids ------Nonfat Cocoa ------Solids Milk Solids --- Max 12% Max 12% 12% 14% Milk Fat ------3.39% 3.50% Sugar ------Max 55% Emulsifiers --- Max. 1% Max. 1% Max. 1% Max. 1% Antioxidants No No No No Yes Vegetable fats(1) No No No No No Whey Prod.(5) No No No No Max 5%

CANADA

Now consider the Canadian standards. You will note some differences from US, particularly with regard to milk solids, emulsifiers, and whey products.

Health Canada: Food & Drug Regulations - Division 4: Cocoa products

CHOCOLATE SS or DARK SWEET MILK WHITE LIQUOR CHOCOLATE CHOCOLATE CHOCOLATE CHOCOLATE

Cocoa Butter 50% 18% 18% 15% 20% Chocolate Liquor ------Total Cocoa Solids --- 35% 30% 25% --- Nonfat Cocoa Solids --- 14% 12% 2.50% --- Milk Solids --- Max 5% Max 12% 12% 14% Milk Fat ------3.39% 3.50% Sugar ------Emulsifiers --- Max. 1.5% Max. 1.5% Max. 1.5% Max. 1.5% Antioxidants No No No No No Vegetable fats(1) No No No No No Whey Prod.(5) No No No Max. 5% Max. 5%

MEXICO

Finally let’s look at the standards for Mexico. You will notice these are quite different from both US and Canadian regulations. From allowing up to 5% vegetable fats, to allowing whey product in in all types, as well as other sweeteners allowed for use while still being called “chocolate.”

Mexico - Ministry of Health: NOM186-SSA1/SCFI-2002

DARK SEMI-DARK MILK WHITE CHOCOLATE CHOCOLATE CHOCOLATE CHOCOLATE CHOCOLATE

Cocoa Butter 18% 22% 15.6% 20% 20% Chocolate Liquor ------Total Cocoa Solids 35% 40% 30% 25% 20% Nonfat Cocoa Solids 14% 18% 14% 2.50% --- Milk Solids Yes Yes Yes 14% 14% Milk Fat ------2.50% 4% Cocoa + Milk Solids ------40% 34% Sugar ------Other sweeteners(3) Yes Yes Yes Yes Yes Lecithin (4) (6) GMP GMP GMP GMP GMP Antioxidants (2) No No No No 750 mg/kg Vegetable fats(1) Max 5% Max 5% Max 5% Max 5% Max 5% Yes as Milk Yes as Milk ing Yes as Milk ing Yes as Milk ing Yes as Milk ing Whey Prod. ing

If you are distributing in countries other than the United States, particularly Canada and Mexico, you can see there are quite some differences in what these regions classify as “chocolate.”