01.05.2014

Unique features of the new TR CU «On the safety of milk and dairy products» (TR CU 033/2013) compared to the Federal Law Number 88 «Technical Regulations on Milk and Dairy Products»

On 1st May 2014 a new Technical Regulation of the Customs Union «On the safety of milk and dairy products» (TR CU 033 /2013) entered into force. It replaced the well-known Federal Law ¹ 88 «Technical regulations on milk and dairy products».

This technical regulation was developed in accordance with the Agreement on common principles and rules of technical regulation in the Republic of Belarus, Kazakhstan and the Russian Federation.

The text of the TR can be found on the website of the Eurasian Economic Commission (http://www.eurasiancommission.org/docs/Download.aspx?IsDlg=0&ID=4765&print=1)

First distinctive features of the regulation touch upon the subjects to technical regulation. The TR CU 033/2013 does not apply to:

• dairy products intended for use in a specialized nutrition (except for milk and dairy products for infant food);

• precooked and confectionery products, nutrient additives and dietary supplements, pharmaceutical products, pet food, non-food products made with or based on milk and dairy products;

• milk and dairy products homemade and (or) produced on private farms, as well as processes of production, storage, transportation and disposal of milk and dairy products intended only for individual use and not intended for release into circulation in the territory of the Customs Union.

Unlike TR of the Federal Law number 88 the new regulation does not include:

• an article containing the concepts of production processes of milk by-products;

• most of the safety standards previously stipulated in TR of the Federal law number 88 were transferred to the TR CU 021/2011;

• requirements concerning labels containing information about storage conditions, manufacturing date and shelf life of dairy products on consumer package. In this respect one should be guided by paragraphs 4 and 5 of Part 1 of Section 4.2 of Article 4 TR CU 022 /2011.

Some of the fundamental differences between TR CU 033/2013 and the TR of the Federal Law number 88 are:

• introduction in the chapter «Basic Concepts» of the concept «reconstituted milk» - dairy product packed in consumer packaging or an ingredient used in manufacturing of milk products, except for drinking milk made from concentrated or condensed or dry milk products and water;

• clarification of the concept «milk drink» - milk or dairy composite product made of milk and (or) of milk components, and (or) milk products, including those from concentrated and (or) condensed, and (or) dry milk products and water with or without adding other dairy or non-dairy components not with the purpose of replacing the constituent parts of milk, with the weight fraction of milk protein not less than 2.6 per cent and the weight fraction of non-fat dry milk solids not less than 7.4 percent (for dairy products);

• some concepts, important for industry, were regulated. For example, «lactulose», «milk porridge, ready-to-eat, and dry milk cereal (restored to the state of being cooked at home by adding drinking water) for infant feeding», «milk drinks for infant feeding», «cream product» and some other;

• it has been clarified that «the nutritional value of dairy products made of whole milk may be indicated as ranging «from ... to ...»;

• it is prohibited to use stabilizers, preservatives, flavoring, antioxidants in manufacturing national fermented dairy products;

• stricter requirements for milk containing products were introduced. It is allowed to replace milk fat in milk-containing products, however, milk fat substitute should not exceed 50% of the total fat. In such cases product name should include «contains milk fat substitute». It is prohibited to use in dairy industry such ingredients as palm oil, coconut and other vegetable oils. The use of any non-dairy protein is also prohibited;

• it is prohibited to use in dairy industry (except for production of fermented dairy products) regulated by the present TR product names of dairy products and dairy components, including words or parts of the words that are part of these concepts, as well as their various combinations. The ban also applies to trademarks (brands) used in labeling milk-containing products, as well as those, used in advertising or for other purposes, which may mislead the consumer;

• it is prohibited to use for milk by-products made during the production process of milk products such names, as «whey product» and «buttermilk product»;

• it is prohibited to use the concept of «butter» for trademarks (brands), used in the labels of butter spread and cream-vegetable spread, for promotion or other purposes, which may mislead the consumer;

• it is prohibited to use the concept of «melted butter» for trademarks (brands), used in the labels of cream-vegetable melted mixture in advertising or for other purposes, which may mislead the consumer.

According to the regulation the name on the label of the ice cream made with milk fat substitute should not contain the following terms: «dairy», «cream», «ice cream».

In compliance with TR CU 033/2013 the species of farm animals, except for cows, that produced milk, must be indicated on the labels of packages before or after the term «milk».

Changes concerning canned milk are covered below.

New concepts of canned goods and their definitions were introduced in the chapter II «General Concepts» TR CU 033/2013:

• «concentrated or condensed partly skimmed milk» - concentrated or condensed milk product in which the weight fraction of milk solids is not less than 20 percent, the weight fraction of milk protein in nonfat milk solids - not less than 34 percent, and weight fraction of milk fat is over 1.5 but less than 7.5 percent;

• «sweetened condensed partly skimmed milk» - concentrated or condensed milk product containing sugar, in which the weight fraction of milk solids is not less than 26 percent, the weight fraction of milk protein in nonfat milk solids - not less than 34 percent, and weight fraction of milk fat – is between 1 and 8.5 percent;

• «partly skimmed milk powder» - dry milk product, in which the weight fraction of milk solids is not less than 95 percent, the mass fraction of milk protein in nonfat milk solids - not less than 34 percent, and mass fraction of milk fat – is between 1.5 and 26 percent.

In addition to newly introduced concepts and in accordance with international codexes the indexes of milk fat mass fractions were specified for further definition of the following products:

• «concentrated or condensed whole milk» - concentrated or condensed milk product in which the weight fraction of milk solids is not less than 25 percent, the weight fraction of milk protein in nonfat milk solids - not less than 34 percent, and weight fraction of milk fat - at least 7.5 per cent;

• «whole milk powder» - dry milk product, in which the weight fraction of milk solids is not less than 95 percent, the weight fraction of milk protein in nonfat milk solids - not less than 34 percent, and weight fraction of milk fat – is between 26 and 42 percent.

The definitions of «canned milk goods», «dairy composite canned goods», «milk- containing canned goods» now contain the word «concentrated».

Annex ¹ 4 «Acceptable levels of potentially dangerous substances in milk and dairy products» contains only requirements to antibiotics (laevomycetin (chloramphenicol)), tetracycline group, streptomycin, penicillin. With respect to the Federal Law number 88 in TR CU 033 /2013 the requirements for streptomycin content (less than 0.2mg/kg instead of less than 0.5mg/kg) and penicillin (less than 0.004mg/kg instead of less than 0.01mg/kg) were tightened and the new mandatory level of laevomycetin (chloramphenicol) will be 0.0003mg/kg (instead of 0,01mg/kg) starting from 1st July 2015.

Some changes in the TR CU 033/2013 affected the Annex number 8, which establishes the requirements for acceptable levels of microorganisms in milk by-products, that is the content of QMA&OAMO, CGB (coliforms) pathogenic microorganisms, including Salmonella, S.aureus, L.monocytogenes, yeasts and molds. For the products under the category «Cow’s Milk powder» in the product group number IV «Dairy products, dairy composite dry freeze-dried products (milk, cream, fermented milk products, drinks, ice cream mixes, whey, buttermilk, skimmed milk)» the acceptable levels of microorganisms content were systematized and reduced to a single form, dividing product into two groups: intended for direct consumption and for industrial processing.