The Cocoa and Chocolate Products (England) Regulations 2003 specify minimum levels of cocoa solids and cocoa butter in chocolate products plus milk fat and milk solids in milk chocolate. They also permit certain ingredients to be added e.g. some vegetable fats but not animal fats apart from milk fat and certain additives to be used, for example sweeteners. They also specify the information required to be labelled such as the amount of cocoa and the amount of milk to help consumers make a choice.
The last survey by Kent Trading Standards of chocolate was shortly after the regulations had been brought in. Then most of the chocolate manufacturers were large so not many problems were found. Since then there have been more small specialist producers entering the market and more recently the cocoa price has risen from reduced yields. This has resulted either from climatic crop failure (Ghana) or political unrest (Côte d'Ivoire) both being the major producers of cocoa beans. Further a number of allergen alerts have been issued for chocolate products found to contain undeclared peanut and/or almond.
Thirty seven samples of chocolate were therefore submitted for analysis. The samples were tested for the chocolate compositional standards and labelling plus where no allergen warning was given, the presence of peanut and almond protein.
Out of 37 samples, seven had labelling deficiencies, although all met the composition standards for levels of cocoa and /or milk.
The most serious error was the lack of an allergen warning on one sample which contained both peanut and almond protein traces. This was a Spanish product with very little English on the label. It resulted in the product (Chocolate con leche) being withdrawn from the market by the supplier, an allergen alert issued by the Food Standards Agency to warn potential allergic consumers and a RASFF (Rapid Alert System for Food and Feed) notification being sent to the EU.
Another sample of Belgian chocolate bore an allergen warning but as it was in an extremely small font was difficult to read. There are no minimum font sizes set in law but the labelling would not be helpful to a potential allergic consumer.
Three samples had no English name or other satisfactory information in English. One sample had no declaration of cocoa solids and another had no cocoa solids or milk solids declaration.
June 2009
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