1 ~Belgium.~

The ~Belgian~ royal decree of the 18th November 1894 established

on the basis of the law for articles of consumption, August 4th 1890,

and article 454 to 457, 500 to 503, and 561 of the penal code book runs

(according to the “Moniteur Belge” of the 3rd and 4th December, 1894,

as follows:

Art. 1. It is illegal to sell, expose or hold in possession for sale,

or to transmit, any other product as “all cocoa” than the fruit of the

cacao tree, raw and prepared by roasting, hulling and grinding with or

without addition of spices, and finally moulded into tablets or reduced

to powder form.

It is permissible to sell, expose or have in possession for sale, or

to transmit such cacao as has suffered a loss of butter by expressing,

provided that the amount of this ingredient is not diminished by more

than 20 % of the whole, under the designation “cocoa or cocoa powder”;

and again under the designation “alkalinised cacao” (cacao alcalinisé)

such as has had its alkali content increased in special treatment by

not more than 3% of the total weight. The declaration “alkalinised” is

not, if a matter of mere possession or transmittance in export, to be

considered as necessary.

Cacao which has been prepared other than as above described may only

be sold, exposed or held in possession for sale, or transmitted, under

a special label which declares this special manner of preparation next

to the word “cacao” or under a label that does not contain the word

“cacao” at all.

The word “alkalinised” or any other words which indicate alterations or

additions in the natural composition of the cacao must be introduced on

the label in distinct and similar type to the word “cacao

Cacao in which the proportion of alkali amounts to more than 3% is

regarded as injurious, and the sale, having and holding in possession

or despatch of same for sale is illegal.

Art. 2. It is illegal to sell, have in possession or expose for sale,

or to transmit any product whatever, under the designation “chocolate”,

that is not manufactured exclusively from shelled cacao, and that

in a minimum proportion of 35%, and ordinary sugar, with or without

admixture of spices.

Products which though containing the requisite 35% of shelled cacao

are also made of other substances than those above signified may only

be sold, held in possession, exposed or transmitted for sale under a

label that clearly describes the nature of such ingredients next to

the word “chocolate” and in the same type, or under a label that does

not contain the word “Chocolate” at all. In the case indicated by

impressing them on each separate tablet.

Products which contain less than 35% of cacao may only be sold, held

in possession, exposed, or transmitted for sale under the designation

“cacao bonbons” or some similar description, from which the word

chocolate has been rigidly excluded.

Art. 3. Entries of the labels prescribed for the products of irregular

composition in articles 1 and 2 must be made on the invoices despatched

with the goods.

Art. 4. The box, case or wrapper etc. containing cacao or chocolate

which is sold, exposed, held in possession or transmitted for sale must

bear the name and address of the manufacturer or seller, or at least

some regular and authorised trade mark.

Art. 5. The articles of this decree, as far as they refer to chocolate,

are only applicable to ordinary chocolates in tablet, block, spherical

or powder form, not however to cream and various sugar confections in

chocolates (such as pralinés, pastilles etc.).

Art. 6. Any infringement of the articles of this decree will incur a

fine in accordance with the code of fines issued on Aug. 4th 1890, over

and above the ordinary penalties.

Art. 7. Our Board of Trade and Agriculture is hereby entrusted with the

carrying out of this decree, which shall come into force on April 1st

1895.

2. Roumania.

The royal enactment of this land respecting the health supervision of

foods and drinks and the trade in foods and drinks, articles 154, 155,

156 and 157 of the Health act of the 11th September, 1895, says the

“Buletinul directiunei generale a serviciului sanitar” 1895, No. 18 and

19, pages 277 et seq.

No. XIII, Article 137.

No product may be sold, exposed or held in possession or transmitted

for sale, under the designation cacao, other than the seed of the fruit

obtained from the tree “Theobroma Cacao It may be brought on the market

raw, roasted, or powdered after roasting.

Under the designation “Cocoa powder, defatted”, such may be sold as

has suffered loss of butter by extraction, provided that there still

remains a minimum 22% of cacao butter in the product. As disintegrated

cacao may be sold such powder as does not contain more than a maximum

2% of sodium or potassium carbonate.

Art. 138. It is illegal to sell or expose for sale artificially dyed

and pulverised cacao, and also such as has been mixed with starch

meals, foreign fats or any other foreign ingredients. It is in like

manner illegal to mix cocoa powder with shells, and the former may not

contain more than a maximum 15% of powdered shell.[223]

Art. 139. Under the designation “Chocolate”, only the foodstuff

prepared from a mixture of roasted and powdered bean and sugar, with or

without admixture of aromatic ingredients, as vanilla, cinnamon and the

like substances, may be sold and exposed for sale.

Art. 140. The manufacture and sale, as also the exposure for sale of

chocolate from cacao that does not answer the several demands of this

decree, articles 137 and 138, as well as of chocolate that is mixed

with starch, meals, mineral and artificially coloured substance, is

illegal.

3. Switzerland.

The association of analytic chemists in this country have issued a

book entitled “The Swiss Book of Nutritious Stuffs and Articles of

Sustenance”, where the methods and standards prevailing in research

work connected with such substances are finally established for

Switzerland. This work served as a guide as regards articles of

sustenance up to the time when the Swiss food act came into force, and

we accordingly annex a few extracts from it, dealing with our subject,

cacao preparations.

Definitions.

1. Cacao mass is obtained by grinding and moulding the shelled and

roasted cacao bean, without any admixture whatever, or extraction of

butter.

2. Cacao ~freed of oil~ is cacao that has been reduced by from 20%

to 35% as regards its butter contents by means of pressure under heat.

3. ~Disintegrated cacao.~ The roasted beans are treated with

carbonic acid alkalis (generally potassium) subjected to pressure

under ammonia or steam, and so the cellular tissue of the albuminous

substance disintegrated or broken up and converted into a soluble

modification (peptone and alkalinous albuminate).[224] The so treated

beans are next dried, reduced, defatted and pulverised.

4. ~Chocolate~ is the description of a mixture of cacao and

sugar which comes into commerce either moulded or in powder form. The

percentage of sugar amounts to between 40 and 70%. Admixture of other

substances than cacao, sugar and the usual spices must be regarded as

adulterations.[225]

5. ~Chocolate~ and ~cacao~ (powdered or moulded) may be

aromatised with the following substances: vanilla, benjamin gum, tolu

and peru balsam, cinnamon, cloves and nutmeg.

6. ~Chocolate fondants~ are chocolates with an unusually large

proportion of sugar and fatty contents.

7. ~Milk chocolate~ is a preparation prepared from milk, sugar

and cacao. It may not contain the preserving materials dis-allowed for

milk, such as boracic acid, borax, formic aldehyde and derivatives of

the aromatic series. It comes into commerce in powder form.

8. ~Covering~ or ~coating~ material is a mixture of cacao,

sugar, spices, with almonds and hazel nuts. This preparation is almost

exclusively employed for bonbon confectionery.

9. ~Medicinal Chocolate~ is a chocolate or cacao preparation

containing additions of medicaments.

Tests and Definitions always to be applied.

1. Touch test.

2. Reaction.

3. Microscopical examination.

4. Examination of the fat.

5. Estimation of cacao butter.

6. Determination of sugar.

7. Determination of ash.

Tests and Definitions eventually necessary.

8. Determination of moisture.

9. Determination of theobromine.

10. Determination of starch.

11. Determination of cellulose.

Guide to Classification:

Unripe, badly fermented cacao beans and those which have been

attacked by insects or mould or have suffered during transport from

the influence of salt-water, should never be used for manufacturing

purposes.

Goods prepared from such beans have an unpleasant taste, which it

is impossible to get rid of by the various operations in the course

of manufacture. The use of all such beans is to be regarded as

adulteration. The tests to be applied for determining them are tasting,

microscopical examination and perhaps the estimation of the common salt

contained in them.

All good chocolates are of a fine brown colour. Grey-coloured or

spotted chocolate are objectionable. Spots or the grey colour alluded

to may be caused either by damp or heat. At an ordinary temperature the

fracture of the chocolate is hard, glassy and even. The quality of the

fracture constitutes an excellent basis in judging of the manner and

methods employed in working up the raw material.

Cacao and chocolate that become thick and pulpy on boiling are in all

probability adulterated with meal, starch, dextrine or resin.

The following are to be considered as adulterations:

1. Admixtures of cacao or other shells, and sawdust.

2. Admixtures of foreign starch, meals, castania and resin.

3. Admixtures of mineral substances like ochre, clay and sand.

4. The substitution of cheaper fats, such as beef and pork dripping,

almond, poppy seed, cocoa-nut and vaseline oils.

Limitations.

1. For ~cacao material~.

Ash { Maximum: 5% (Porto Cabello 4·65%)[226]

{ Minimum: 2% (Surinam 2·25%)

Cacao butter { Maximum: 54·5% (Machalla 54·06)

{ Minimum: 48·0% (Porto Cabello 45·87).[226]

2. ~For cacao fat.~ Melting point 29 to 33·5° C.; freezing point

24 to 25° C.; refraction at 40° C., 46 to 49[226]; iodine value 34 to

37; point of saponification, 192 to 202.

3. ~Disintegrated cacao~: the amount of added alkali is not to

exceed 3%. In no case shall the ash content be more than 8%. This

figure is not inconsistent with the above stated maximum ash content,

as disintegrated or soluble cacao is manufactured from a mixture of

several sorts of cacao, in each of which (although they have been

defatted) there is not more than 5% of ash.

4. ~Chocolate~: although at the present time there are no limits

fixed for cacao and sugar, it may nevertheless be safely assumed that

the fat and sugar together may not exceed 80 to 85%, and that the rest

shall be pure non-fatty cacao material, in the proportion of from

15-20%. The ash in a good chocolate does not exceed 3·5%.

5. ~Milk chocolate~: here the separate ingredients require a

thorough drying. If the percentage of moisture amounts to as much as

five percent, the whole preparation is objectionable and liable to

lose its hard consistency.

6. ~Chocolate~ à la noisette, ~oat~, ~meat~ and

~medicinal chocolates~. The testing of these takes two chief

directions:

1. It must be established that the ingredients given on the label are

of good quality, and

2. that only the ingredients there mentioned occur in the packet.

The constituents and their proportions shall be declared on the

wrappers in the case of medicinal chocolate.

On the 1st July then, in the year 1909, the act passed in connection

with foods and articles of consumption December 5th, 1905 came into

force in Switzerland. Thereby the whole of Swiss trade in such

foodstuffs and articles of consumption is systematically controlled.

Of the 268 articles which are generally representative, we annex here

those concerning cacao, powder and chocolate, namely, nos 146 to 149.

=Art. 146.= Under the designation ~cacao~ or ~cacao powder~

only the pure, unaltered or only partially defatted natural product may

be brought into commerce.

A cacao powder may only be described as ~soluble~ when it has been

treated with carbonic acid alkalis or disintegrated with steam.

Soluble cacao may only contain 3% added alkalis on the outside.

=Art. 147.= Under the designation ~chocolate~, only a mixture of

cacao and sugar with or without addition of cacao butter and spices is

to be understood, and no other may be brought on the market as such.

The percentage of sugar in chocolate may not exceed 68.[227]

=Art. 148.= Cacao and chocolate may not contain starch, meal, foreign

fat, mineral substances, colouring matter and so-called fat economisers

(dextrine, gelatine, resin and tragacanth) and only traces of cacao

shell. They may not be gritty nor foul smelling nor otherwise spoilt.

=Art. 149.= Special products of cacao and chocolate with addition of

oats, milk, acorns and hazel nuts must be declared accordingly (as oat

cacao, milk chocolate etc.). Fancy confections fall also under this

obligation.

Cacaos and chocolates which are put on the market in packets, boxes and

packages must contain the name of the firm on the wrapper, or some mark

of the manufacturer or salesman which is recognised in Switzerland.

If saccharine, dulcine or other artificial sweetstuffs are added to

chocolate, such admixture must be declared on the wrapper.[228]

4. Austria.

Legal control of the traffic in cacao preparations in this country may

be expected in the near future.

~Austria~ is indeed already in possession of a law (dated January

19th, 1896) concerning the traffic in articles of consumption, although

the special determinations have hitherto not reached perfection, and

the treatment of the separate detailed articles must proceed gradually.

As in Switzerland, the Association of Food Chemists and Analysts here

have worked out designs for a “Codex alimentarius austriacus The work

of this code commission is of a purely private nature and accordingly

no official importance accrues to it, but it is none the less

recognised by all Austrian chemists and has indirectly (and even in law

courts) about the same weight as the opinion of an expert, especially

as the single articles of consumption are almost exclusively limited to

specialists in this country. We therefore introduce the most important

points of this code which bear on our subject, although various

alterations must be made in these as they succeed to legal recognition,

for since the appearance of the code many changes have developed as

regards the methods of research.

I. Cacao Mass.

~Definition.~ Under cacao mass is to be understood the material

constituting a regular and uniform dough when warmed, which has been

exclusively prepared and manufactured from the shelled cacao bean.

~Ingredients.~ Cacao material contains the same ingredients

chemically as the shelled bean.

Microscopical investigation should only reveal the presence of seed

kernel, and not particles of root, which should be removed in the

course of preparation.

The ash may not exceed 3·5%[229], the fibre 3%[229], and the starch

10·5%. The amount of fat figures at between 48 and 52 percent.

II. Cocoa powder.

(Pulverised cacao, defatted, and disintegrated.)

~Definition.~ Hereby is understood the steamed preparations or

the powder obtained by expressing at least half the total fat from

ordinary cacao material and further grinding and sifting.

~Characteristics.~ The cocoa powder shall on boiling with 20 to

30 times its volume of water yield a suspension, in which there are no

traces of lumpy formation, and which does not show a sediment after the

expiration of a few minutes.[230] Should there be any such sediment, it

shall be examined under the microscope.

Cocoa powder shall be sifted and ground free from meal, and may not, on

sifting through a miller gauze (No. 12) show more than 5% of material

on the sieve.

The chemical composition of cocoa powder is modified according to the

degree of defatting. If 30 parts out of 100 are defatted, which is the

usual procedure. If 30 parts fat are expressed from 100 parts cacao

material, which usually happens, then the cocoa powder contains 30%

fat, 5% ash[231], 3·5% fibre, and 13%.

The amount of moisture shall not exceed 6%.

The fat shall be pure cacao butter.

~Addition of alkalis is not allowed.~

Microscopical investigation as under I.

III. Chocolate.

~Definition.~ Chocolate is the cacao material evenly and regularly

worked up with cane sugar (refined, ordinary or coarse).

The completely uniform pasty mass, when warmed, is allowed to set in

moulds and then forms pieces of fatty appearance, finely granular or

close fracture (tablets, blocks).

Good chocolate consists of 40 to 50 percent of cacao mass and 50 to

60 percent of sugar.

It may also contain a small amount of harmless aromatic substances.

Should the sum of the cacao fat and sugar in chocolate amount to over

85 percent, it is termed “Sweetmeat chocolate”, and should the sum

of those ingredients be more than 90 percent, the chocolate is to be

declared as “Very sweet

All the ingredients in chocolate, after deducting the sugar, shall be

present in the same relative proportion and in the same condition as in

pure cacao mass (compare I).

Sweetened chocolate is an exception, in so far as it has had in its

preparation an addition of cacao butter. Fine kinds are also prepared

with an addition of defatted cacao.

~Unmoulded~ chocolate or chocolate powder shall answer to the same

requirements.

IV. Cacao surrogate and chocolate surrogate.

~Definition.~ Cacao preparations containing admixtures of meal are

to be described as surrogates.

The addition of other substances than meal is inadmissible.

Absence of cacao husk is also required as in I, II, III.

Mixtures of cacao powder, sugar and meal are also to be regarded as

surrogates.

The extent of the addition of meal is to be distinctly noted by the

seller on the article sold.

V. Couverture (coating mass).

~Definition.~ This includes various preparations of pure cacao

butter and chocolate (or mixtures of chocolate with cacao butter and

cacao mass), which form a thin liquid, when warmed, and are used for

coating or pouring over confectionery. All other substances (roasted

hazel nuts or almonds and the like) shall be declared.

Investigation.

~To be carried out without exception with all cacao preparations~:

1. ~Determination of fat.~ The fat is extracted from the dry

substance which has been mixed with an indifferent body (sand) by pure

and absolutely dry ether (distilled over sodium) or by petroleum ether.

Cacao mass and chocolate must first be shaved or rasped.

2. ~Jesting of the fat.~

a) Determination of the melting point in a capillary tube (three days

after the fat has been melted into the tube).[232] Pure cacao butter

usually melts at 33° C.

b) Determination of the iodine value; usually 35·0 with pure cacao fat.

It is further recommended to make a refractometric determination, which

in a Zeiss butter-refractometer must be 46·5° at 40° C.

3. The ~microscopic test~ of the substance, from which the fat and

the sugar have been removed.

~The following are also essential~:

I. With cacao mass.

The determination of fibre and ash.

II. Cacao powder.

Determination of moisture at 100° C., of the fibre and ash and

examination of the ash (quantitative determination of phosphoric acid

and potash).

III. Chocolate.

Determination of the sugar by polarisation of the aqueous solution.

IV. Surrogates.

Determination of the starch.

If it is considered necessary to proceed further, then:

1. Determination of theobromine by a modification of Wolfram’s method,

the method employed is to be exactly stated.[233]

2. In the determination of starch, the gelatinisation is to be carried

out under steam pressure and the inverted sugar gravimetrically

determined with Fehling’s solution.

An opinion of the quality of the preparation can be formed from the

taste, smell and colour of the sample on boiling with water.

5. Germany.

In ~Germany~, unfortunately, there is at present no law, which

regulates the trade in cacao goods. It is true that there exists the

decree of the 14th May, 1879 respecting the trade in food, alimentary

substances and comestibles, which contains the usual penal enactments

in regard to adulteration of food materials offered for sale. The

enactments are supplemented with data relating to the administration of

the law, among which a definition of chocolate, as well as the means

of judging as to the quality or its adulteration, are treated of. But

those data do not in all respects apply to existing conditions, nor

do they deal fully with the question as to what admixtures are to be

permitted or prohibited, for in the introduction to the appendix A,

there is the following statement:

“Like the former provision, the present one is not intended to be an

~exhaustive~ description of all subjects of the kind referred

to, but a compilation of those examples which appear to be especially

calculated to serve as an illustration of legislative requirements.”

The data referred to have not an officially authoritative significance,

and they cannot be regarded as having established validity in

connection with the administration of the law by the police or by legal

authorities. (See: Commentary by Meyer-Finkenburg, page 116.)

Even the complete publication of the “Vereinbarungen zur einheitlichen

Untersuchung von Nahrungs-und Genußmitteln sowie Gebrauchsgegenständen

für das Deutsche Reich”, collected at the instance of the national

health department, will not have the effect of giving certainty in

the law relating to the manufacture of chocolate. That section of the

“Vereinbarungen”, which deals with cacao products, was published in

Book III (Berlin, Julius Springer 1912) pages 68-81, but the conditions

in Germany are at present only similar to those existing in Switzerland

and in Austria. The “Vereinbarungen” are nothing more, than a valuable

semiofficial guide for the valuation and examination of food and

comestibles, the provisions of which, not being obligationary, have

no legal effect. They have long been in need of a thorough revision,

as recent scientifical results testify, and indeed “The Voluntary

association of German Food Chemists” have for years been engaged in

such revision.

The consequence is, that the prosecution of various manipulation which

certainly deserve to be objected to, such as the preparation of cacao

or chocolate from undecorticated beans, would be difficult to carry

out. The Association of German Chocolate Manufacturers has protested

against that unsuitable state of affairs, and since a remedy is to be

looked for only from the enactment of a law regulating the trade in

cacao products, that association prepared a draft act, at its XVII.

annual meeting at Leipsic on the 15th January 1893, and has submitted

it to the government health department.

That draft is in accordance with the provisions printed on pages 231

and 232 a-e. The provisions of the association in reference to the

trade in cacao products also contain the following paragraphs:

§ 2.

It is not to be considered adulteration or counterfeit, within the

meaning of the law (§ 10) relating to trade in food materials,

comestibles or articles of consumption (of 14th May 1879,

Reichsgesetzblatt page 145):

1. When the productions referred to under a, b, c are mixed with meal

or other substances for medicinal purposes, provided, they are of a

character by which they are distinctly recognisable, or are kept in

stock or offered for sale under a designation distinguishing them from

chocolate, cacao mass, or cacao powder.

2. When covering or coating material, or sweetmeat chocolate is mixed

with burnt almonds or hazel nuts to the extent of 5 %.

§ 3.

Adulteration within the meaning of the law dated May 14th 1879, § 10

(Reichsgesetzblatt, page 145) comprises:

1. The addition of foreign fat to chocolate, cacao mass or cacao butter.

The Manufacture of Chocolate and other Cacao Preparations · 第 21 / 25 段