Page 21 - FoodFocusThailand No.215 FEBRUARY 2024

SPECIAL TALK BY FDA

(1) Permissible contaminants found in products shall (8.1) Additional information shall be displayed in proximity
not exceed the maximum levels specified in the notifications of the food’s name, as the case may be, as follows:
of the Ministry of Public Health regarding standards for (A) Cocoa butter shall display the name “Cocoa Butter”
contaminants in food, adhering to the most recently enforced or “Press Cocoa Butter” if its characteristics conform with the
Notification of the Ministry of Public Health (No.414) B.E.2563 established quality and standard requirements.
(2020), issued by virtue of the Food Act B.E.2522 (1979) Re: (B) Cocoa mass or cocoa liquor shall display the name
Standards for Contaminants in Food. Depending “Cocoa Mass” or “Cocoa Liquor”.
on contamination risks. The conditions are as follows (C) Cocoa powder shall display the name of “Cocoa
(see Table 2): Powder”, “Fat-reduced Cocoa Powder”, or “Highly Fat-reduced
(2) Types and amounts of pathogenic microorganisms Cocoa Powder” according to types of product.
shall follow the notification of Ministry of Public Health (D) Cacao powder shall display the name of “Cacao
regarding prescription of quality requirements, standard Powder”, “Fat-reduced Cacao Powder”, or “Highly Fat-reduced
requirements, principles, conditions, and methods of analysis Cacao Powder” according to types of product.
for pathogenic microorganisms in foods, adhering to the most In case of cocoa powder mixed with cacao powder, the
recently enforced Notification of the Ministry of Public Health name shall be displayed according to (C). It may closely be
(No.416) B.E.2563 (2020), issued by virtue of the Food Act accompanied with the type and percentage of the cacao powder
B.E.2522 (1979), Re: Prescription of Quality Requirements, content as per the following examples: cocoa powder (mixed
Standard Requirements, Principles, Conditions, and Methods with 25% cacao powder), cocoa powder mixed with 25% cacao
of Analysis for Pathogenic Microorganisms. The conditions powder, fat-reduced cocoa powder (mixed with 25% cacao
are as follows (see Table 3): powder), or fat-reduced cocoa powder (mixed with 25%
(3) Yeast and mold shall be less than 100 CFU per 1 fat-reduced cacao powder).
gram of cocoa powder or cacao powder. 9. This notification came into force on and from the day
4. Use of food additives and processing aids shall follow following the date of its publication in the Government Gazette,
the notification of the Ministry of Public Health regarding food the 30 of June B.E.2566 (2023), onwards.
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additives. Hexane residue used as a processing aid (whose 10. Producers, importers, or sellers of commercial cocoa
boiling point is 62-82 °C) shall not exceed 1 mg/kg, but it bean products, whose permits were issued before the
must be absent in pressed cocoa butter. enforcement date (June 30 , 2023), are allowed to continue
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5. Use of flavoring agents shall follow the notification of producing, importing for sale, or selling until June 30 , 2025,
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the Ministry of Public Health regarding flavoring agents. Only or up to two years from the enforcement date. As an
appropriate amounts, sufficient to give flavor, are permitted. exception, if cocoa bean products that were granted food serial
The use of chocolate or milk flavoring agents is prohibited, numbers before the notification’s enforcement date have
and cocoa butter does not allow the use any flavoring agents. already made quality, standard, and labeling adjustments
6. Producers or importers of cocoa bean products for corresponding to the notification No.442, the original declaration
sale shall follow the notification of the Ministry of Public Health of food’s ingredients and details, as per the previous
regarding production processes, production equipment, and notification, shall be considered automatically adjusted in
food storage. accordance with the notification No.442. Nevertheless, if
7. Packaging of cocoa bean products shall follow the manufacturers or importers desire to amend the food
notification of the Ministry of Public Health regarding food ingredient declaration, they shall do so by applying for the
packaging. amendment of product’s detail at the FDA Office or at the
8. Labeling of cocoa bean products shall follow the Provincial Public Health Offices so that such information
notification of the Ministry of Public Health regarding labeling corresponds with the new notification.
of prepackaged foods and shall display the following
additional information:

More Information Service Info C001

กฎหมายที่่�เก่�ยวข้้อง / Relevant Regulation
ประกาศกระทรวงสาธารณสุข (ฉบัับัท่� 442) พ.ศ. 2566 ออกตามความใน
พระราชบััญญัติอาหาร พ.ศ. 2522 เร่�อง ผลิิตภััณฑ์์ท่�ได้้จากเมลิ็ด้โกโก้
ลิงวันท่� 16 พฤษภัาคม พ.ศ. 2566 ส่บัค้นได้้จาก https://ratchakitcha.soc.
go.th/documents/140D153S0000000003400.pdf
Notification of the Ministry of Public Health (No.442) B.E.2566 (2023)
Issued by virtue of the Food Act B.E.2522 Re: Cocoa Bean Products,
dated the 16th of May B.E.2566 (2023), available at https://food.fda.
moph.go.th/media.php?id=516846867116597248&name=P442_E.
pdf

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