All Oiva evaluation guidelines for registered food premises.
19.4 Milk and milk products
Guide/version: 2211/04.02.00.01/2021/3, tagen i bruk 1.7.2021
This evaluation is at present not presented in the Oiva report, but only in the control report.
To be taken into consideration:
This point pertaining to milk and milk products is to be controlled when the operator
- manufactures, has manufactured for it and/or packages
- imports and/or brokers (from the internal market and/or third countries)
milk and milk products.
The designations used in the marketing of milk and milk products, such as cream, cheese and yogurt, and their natural composition are protected by the Regulation (1308/2013) of the European Parliament and of the Council which defines the meaning of milk and milk products. The designations milk and milk products may be used provided they meet the requirements laid down in legislation (Regulation 1308/2013, Sections 74, 78, Annex VII, Parts III and IV).
In derogation of this, the protected designations of milk and milk products may also be used to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product (Commission Decision 2010/791/EU, Commission Regulation (EC) No 445/2007). In Finland derogations related to the use of the Finnish word for butter include: kaakaovoi (cocoa butter), maapähkinävoi (peanut butter), voleipäkeksi (cracker), voitatti (Suillus luteus) and voileipäkakku (savoury sandwich cake). Derogations have been granted also to other countries regarding the designations cream, cheese and milk. The Finnish word munavoi (chopped egg mixed in butter) has also been granted a derogation (Commission Regulation (EC) No 445/2007).
Butter is controlled in point 19.6 Spreadable Fats.
It is recommended that points 13.1 Mandatory food information and 13.2 Nutrition Labelling, and where applicable, point 12.3 Foodstuffs with Protected Status are controlled at the same time, because the designations of milk products are also protected by EU's name protection schemes (e.g. feta cheese). The adequacy and suitability of own-check activities and, where appropriate, the plan are controlled by applying the Annex to Guideline 1.6: "Adequacy and Suitability of Own-check Activities".
Matters to be controlled:
The implementation of own-check activities is evaluated by random checks on e.g. 1-3 packages of different products and/or batches, taking the scope and nature of operations into consideration. The purpose of the control is to evaluate, if the designations and product descriptions of milk and milk products, and foods used like milk products comply with the provisions laid down for designations of milk and milk products.
Compliance with requirements can be verified by means of, for example:
- inspections of labelling, recipes and documents
- where necessary, analysis certificates and/or own-check activity tests.
Operations comply with requirements.
Milk and milk products are manufactured and designated in compliance with the definition of the designation of the relevant milk or milk product. The designation of the foodstuff laid down in provisions is clearly visible on the labelling.
There are small issues with the operations which do not impair food safety or mislead consumers.
The manufacture and designation of milk and milk products takes place in compliance with the definition of the designation of the relevant milk or milk product. For example
- the designation of the product is not clearly visible on the labelling
- minor shortcomings are found in the minimum/maximum fat content defined for the sales designations of whole milk / semi-skimmed milk / skimmed milk.
There are issues with the operations which impair food safety or mislead consumers. These issues must be rectified within a set period of time.
The manufacture and designation of milk and milk products does not take place in compliance with the definition of the designation of the relevant milk or milk product. For example
- shortcomings are found regarding the minimum/maximum fat content defined for the sales designations of whole milk / semi-skimmed milk / skimmed milk.
- the origin (animal) of milk is not indicated for milk other than cow's milk
- the designation like milk / like cheese is used for a product that does not contain any milk, or one ingredient of milk has been substituted with some other substance
- the designation milk or milk product is used for a product manufactured using some other substance than milk, or one ingredient of milk has been substituted with some other substance
- the designation semi-skimmed milk is used for a product with a reduced protein content.
There are issues with the operations which jeopardise food safety or considerably mislead consumers, or the operator has failed to comply with orders that have been issued. These issues must be rectified with immediate effect.
There are repeatedly major shortcomings in the manufacture or designation of milk or milk products compared with the definition of the designation of the relevant milk product. For example
- the monitoring of the minimum/maximum fat content defined for the sales designations of whole milk / semi-skimmed milk / skimmed milk has been repeatedly neglected
- the designations of milk or milk products are repeatedly/intentionally misused.
Legislation and guidelines (with any amendments) pertaining to the subject:
- Regulation (EU) No. 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) 992/72, (EEC) No 1037/2001 and (EC) No 1234/2007, Articles 1, 74 and 78, Annex I Part XVI, and Annex VII, Parts III and IV
- Commission Decision 2010/791/EU listing the products referred to in the second subparagraph of point III (1) of Annex XII to Council Regulation (EC) No 1234/2007
- Commission Regulation (EC) No 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products
- Act on the organisation of the markets in agricultural products 999/2012 (incl. amendment 1194/2013), Section 58 c
- Finnish Food Act 297/2021, Section 6.
Updates in version 3:
- The control of own-check activities has been clarified.
- Guideline No 10331/3 is replaced by Guideline No 2211/04.02.00.01/2021/3
- The Food Act Number and Section has been updated
- Reference to the Commission decision has been corrected.
19.6 Spreadable fats
Guide/version: 2212/04.02.00.01/2021/3, tagen i bruk 1.7.2021
This evaluation is at present not presented in the Oiva report, but only in the control report.
To be taken into consideration:
This point pertaining to spreadable fats is to be controlled when the operator
- manufactures, has manufactured for it and/or packages
- imports and/or brokers (from the internal market and/or third countries)
spreadable fats.
The sales designations used in the marketing of spreadable fats intended for human consumption, such as butter, margarine and fat blend, and their composition are protected by the Regulation (1308/2013) of the European Parliament and of the Council. The Regulation defines the meaning of the different spreadable fats. The sales designations provided for spreadable fats may only be used in the marketing of products that comply with the definition and product category of the relevant product (Regulation 1308/2013, Articles 74-75, 78, Annex VII, Part VII and Appendix II).
In derogation of this, the protected designation of butter may also be used to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product (Commission Decision 2010/791/EU, Commission Regulation (EC) No 445/2007). In Finland derogations related to the use of the Finnish word for butter include: kaakaovoi (cocoa butter), maapähkinävoi (peanut butter), voleipäkeksi (cracker), voitatti (Suillus luteus) and voileipäkakku (savoury sandwich cake). The Finnish word munavoi (chopped egg mixed in butter) has also been granted a derogation (Commission Regulation (EC) No 445/2007).
It is recommended that points 13.1 Mandatory food information and 13.2 Nutrition labelling as well as 19.4 Milk and milk products are controlled at the same time. The adequacy and suitability of own-check activities and, where appropriate, the plan are controlled by applying the Annex to Guideline 1.6: "Adequacy and Suitability of Own-check Activities".
Matters to be controlled:
The implementation of own-check activities is evaluated by random checks on e.g. 1-3 packages of different products and/or batches, taking the scope and nature of operations into consideration. The purpose of the control is to evaluate, if the designations and product categories used in the marketing of spreadable fats comply with the provisions laid down for designations of spreadable fats.
Compliance with requirements can be verified by means of, for example:
- inspections of labelling, recipes and documents
- where necessary, analysis certificates and/or own-check activity tests.
Operations comply with requirements.
Spreadable fat is manufactured and designated in compliance with the definition of the sales designation of the relevant product and the description of the product category is consistent with the definition.
There are small issues with the operations which do not impair food safety or mislead consumers.
The manufacture and designation of spreadable fat takes place in compliance with the definition of the sales designation of the relevant product. There are some minor shortcomings in labelling, such as
- A product with a milk-fat content of 38 percent is designated as half fat butter.
There are issues with the operations which impair food safety or mislead consumers. These issues must be rectified within a set period of time.
The manufacture and designation of spreadable fat does not take place in compliance with the definition of the sales designation of the relevant product. For example
- A product with a fat content of 60 percent is designated as margarine.
- The expression traditional is falsely used for a three-quarter or half fat butter product.
There are issues with the operations which jeopardise food safety or considerably mislead consumers, or the operator has failed to comply with orders that have been issued. These issues must be rectified with immediate effect.
There are major shortcomings in the manufacture or designation of spreadable fat compared with the definition of the relevant sales designation. For example
- A product containing no milkfat or in which part of the milkfat is substituted with other fats is designated as butter
- Three-quarter or half fat butter is falsely designated as traditional butter.
Legislation and guidelines (with any amendments) pertaining to the subject:
- Regulation (EU) No. 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) 992/72, (EEC) No 1037/2001 and (EC) No 1234/2007, Articles 74, 75 and 78, Annex VII, Part VII and Appendix II
- Commission Decision 2010/791/EU listing the products referred to in the second subparagraph of point III (1) of Annex XII to Council Regulation (EC) No 1234/2007
- Commission Regulation (EC) No 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No 1898/87 on the protection of designations used in the marketing of milk and milk products
- Act on the organisation of the markets in agricultural products 999/2012 (incl. amendment 1194/2013), Section 58 c
- Finnish Food Act 297/2021, Section 6.
Updates in version 3:
- The control of own-check activities has been clarified.
- Guideline No 10332/3 is replaced by Guideline No 2212/04.02.00.01/2021/3
- The Food Act Number and Section has been updated
- Reference to the Commission decision has been corrected.