Cheese | Current Legislation for Cheeses

Current Legislation for Cheeses M Hickey, Michael Hickey Associates, Charleville, County Cork, Ireland ª 2011 Elsevier Ltd. All rights reserved.

Introduction and Background Although from prehistoric times cheese making has been used to preserve the nutritional value of milk, production was largely for home or local use only until the emergence of larger cheese factories during the last decades of the nineteenth century. Many individual varieties have geographical names from towns, districts, regions, monasteries, and so on, which indicate their origins; see Table 1 for some examples. However, this is not the case with all cheeses, for example, Cream cheese, Pizza cheese, extra hard grating cheese and Cottage cheese, where the variety name is more generic or descriptive in nature. As peoples moved from one region to another, individuals or groups tended to bring their native cheesemaking skills with them, which they utilized in their new homelands. This is particularly true in case of the United States, Canada, and Argentina, where cheeses that originated in other lands are being produced and have been standardized. In quite a few cases, the original manufacturing techniques were adapted or changed to suit local conditions and the resultant cheeses, even when they retain their traditional names, are not necessarily identical to the original. One such example is Neufchaˆtel/Neufchatel, where the original cheese, as produced and protected by Apellation d’Origine Controˆle´e (AOC) in France, is a ripened cheese, while the cheese with this name produced in North America is a Cream cheese-type unripened cheese; however, it should be mentioned that in both France and North America this cheese variety is made from milk enriched with cream. By the middle of the nineteenth century, concerns about adulteration, purity, and wholesomeness of foods led to the development of food legislation, including standards for certain products, in different jurisdictions. Nowadays, the basis for food legislation is given as for food safety, consumer protection, and fair trade. The words may differ, but the fundamental reasons have not really changed. Because of the diversity of varieties and types, with local and regional variations, even among the more generic varieties, development of internationally accepted standards for cheese has proved to be a challenge. The concept of protection of authenticity and diversity of certain traditional food products may be traced to the Convention of Paris for the Protection of Industrial Property in March 1883. This Convention formed the

basis of the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement), which is now administered by the World Trade Organization, and also led to the development of the AOC system in the legislation of France, with the enactment of the Law for the Protection of the Place of Origin in May 1919. This system specified the place (region or department) in which certain products must be manufactured. Roquefort was the first cheese granted a French AOC in the law of 26 July 1925. The concept behind the AOC system also spread to other European countries. An international convention was signed at Stresa, north of Milan, Italy, on 1 June 1951, ratified by France, Italy, Switzerland, Austria, the Scandinavian countries, and Holland, on the use of designations of origin and names of cheeses. This was a series of multilateral agreements and is commonly referred to as the Stresa Convention. This stated that ‘‘only cheese manufactured or matured in traditional regions, by virtue of local, loyal and uninterrupted usages’’, may benefit from designations of origin governed by national legislation. Article 1 of the convention prohibits the use of descriptions that contravene this principle. In a 1988 ruling by the European Court of Justice (ECJ) in the ‘Deserbais’ case (ECJ Case 286/86), relating to the fat content of Edam cheese, the ECJ noted that the Stresa Convention was signed before the EEC Treaty entered into force and when only some member states were party to it, and hence, the ECJ did not feel that it was bound to take the treaty’s requirements as limiting. However, shortly thereafter, in the European Community, the various national denominations of origin systems and conventions led to a number of regulations on the protection of designations of food products, including cheeses. These shall be outlined later.

International Standards for Cheese Developed by the Codex Alimentarius Commission In 1954 the International Dairy Federation (IDF) drew attention to the need for international agreement on terminology for milk and milk products to protect consumers and producers from misleading descriptions. In 1957 this suggestion was discussed at the ninth session of the Conference of the Food and Agricultural Organization of the United Nations (FAO) and a resolution was passed that

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844 Cheese | Current Legislation for Cheeses Table 1 Examples of the origins of certain cheese variety names Cheese variety

Origin of name

Cheddar

The village of Cheddar in Somerset, England The commune of Camembert in Normandy, France The valley of the Emme river in Switzerland The town of Edam, Noord-Holland

Camembert Emmental Edam (Edammer in Dutch) Roquefort Port Salut Grana Padano

Parmigiano Reggiano Neufchaˆtel

The commune of Roquefort-sur-Soulzon in southern France The Trappist Abbey of Notre Dame du Port du Salut in Brittany, France The Cistercian monks of Chiaravelle Abbey near Milan, Italy – with the name Padano derived from Pianura Padano, i.e., Po Plain in Italian The Italian adjectives for Parma and Reggio Emilia in Lombardy, Italy The town of Neufchaˆtel-en-Bray in the region of Haute Normandie, France

its Director General, in consultation with the International Dairy Federation (IDF) and other interested organizations, should invite all member governments to nominate experts to a committee to develop standards for certain milk and milk products. The resultant body became known as the Joint FAO/WHO Committee of Government Experts on the Code of Principles Concerning Milk and Milk Products (the CGECPMMP). This body remained in place until 1994 when it was renamed and reestablished as the Codex Committee on Milk and Milk Products (CCMMP). The Codex Alimentarius Commission was established in 1962, to implement the joint FAO/WHO foods standards program. Through the CGECPMMP and its successor the CCMMP, the Codex Alimentarius Commission developed, inter alia, international standards for cheese in general and for 35 individual cheese varieties between 1963 and 1978. The original Codex General Standard for Cheese was adopted in 1963. Work started on its revision in the early 1970s, and in 1978 the earlier standard was replaced. A further revision of the standard was completed in 1999 and amended in 2006. This contains the following definition of cheese relevant to all cheeses: Cheese is the ripened or unripened soft, semi-hard, hard, or extra hard product, which may be coated, and in which the whey protein/casein ratio does not exceed that of milk, obtained by: (a) coagulating, wholly or partly the protein of skimmed milk, partly skimmed milk, cream, cream or buttermilk, or any combination of materials, through the action of rennet or

milk, whey these other

suitable coagulating agents, and by partly draining the whey resulting from the coagulation, while respecting the principle that cheese-making results in the concentration of milk protein (in particular, the casein portion), and that consequently, the protein content of the cheese will be distinctly higher than the protein level of the blend of the above milk materials from which the cheese was made; and/or (b) processing techniques involving coagulation of the protein of milk and/or products obtained from milk which give an end-product with similar physical, chemical and organoleptic characteristics as the product defined under (a).

The definition outlined in (a) is intended to represent the traditional method of manufacture, while that outlined in (b) is intended to encompass evolving methods of manufacture. It remains to be seen how the term ‘similar’, as used in (b), applying to characteristics of the cheese is interpreted in the event of any future trade disputes. The general standard also defined unripened cheese, including fresh cheese, as ‘‘cheese that is ready for consumption shortly after manufacture’’. A separate Codex group standard for unripened cheese, including fresh cheese, was adopted in 2001; in addition to specific provisions, this requires such cheese to conform to the general definition outlined above. There is also a Codex group standard for ripened cheeses in brine adopted in 1999 and amended in 2001. As regards the 35 individual cheese standards adopted between 1963 and 1978, a review of these was commenced in the early 1990s. Following discussions, 19 of the original standards were revoked, owing to their limited, if any, involvement in international trade. Of the remaining 16 standards, 15 were revised and were adopted in 2007; the sixteenth, that for extra hard grating cheese, was retained, but not revised. One new standard (Mozzarella) was also adopted. There are a number of differences between the new standards and the older ones; one such difference relates to the compositional requirements related to fat content of certain varieties. Lower fat contents than heretofore are now allowed for cheeses such as Cheddar and Cream cheese. In such cases, reference fat levels are specified and the relevant variety name may be used with a qualifying term such as reduced fat. Other varieties do not allow lower fat contents, for example, Emmental, Provolone, Brie, and Camembert. Standards for cheeses such as Danbo, Havarti, and Samsø already contained provisions for different fat levels, though the format of these provisions was revised and standardized. An absolute minimum fat content is specified for all cheeses, and use of the relevant variety name is not permitted below this level, even when qualifying fat content terms are used. In 1978 three standards were adopted for processed cheese and similar products (named variety processed

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cheese, processed cheese, and processed cheese preparations). A review of these standards was initiated in 1994, and subsequently, the task was limited to developing a single standard for processed cheese, excluding processed cheese preparations; to date, this has not been concluded and the fate of these standards is uncertain. The existing standards are recognized as out of date, and if work on this revision is abandoned, they may well be revoked. A list of all Codex cheese standards is given in Table 2. The format of Codex standards is laid down in the Codex procedural manual, and the section headings are shown in Table 3. Codex standards were originally intended to be adopted by the member countries of the Codex Alimentarius Commission; however, this could only be encouraged and they were not binding in law. The formal recognition of Codex standards as reference points for facilitating international trade and resolving disputes in the World Trade Organization (WTO) has increased their significance, role, and profile.

Of course, many individual countries had developed their own national legislation and standards over the years. Such legislation on cheese shall be discussed, with particular reference to the legislation in the European Union, the United Kingdom, France, Germany, Denmark, Italy, Spain, Ireland, the United States of America, Canada, Australia, and New Zealand. European Legislation Pertaining to Cheese In the early 1990s, the European Community developed a series of regulations for quality, specific to the agricultural field, on the protection of geographical indications (PGI), on designations of origin (PDO), and on certificates of specific character, which apply inter alia to certain cheese names. Regulation 1107/96 on the registration of such protected products, as amended, contains the list in its annex; as of August 2009, there are 155 cheeses registered as PDO and 15 registered as PGI. Two others are Regulation 2082/92 on certificates of specific character (also referred to as Traditional

Table 2 List of codex general and named variety standards for cheese

Codex standard title General Standard for Cheese Standard for Whey Cheeses Group Standard for Cheese in Brine Group Standard for Unripened Cheese Including Fresh Cheese General Standard for Named Variety Process(ed) Cheese and Spreadable Process(ed) Cheese General Standard for Process(ed) Cheese and Spreadable Process(ed) Cheese General Standard for Process(ed) Cheese Preparations (Process(ed) Cheese Food and Process(ed) Cheese Spread) Standard for Mozzarella Standard for Cheddar Standard for Danbo Standard for Edam Standard for Gouda Standard for Havarti Standard for Samsø Standard for Emmental Standard for Tilsiter Standard for Saint-Paulin Standard for Provolone Standard for Cottage Cheese Including Creamed Cottage Cheese Standard for Coulommiers Standard for Cream Cheese Standard for Camembert Standard for Brie Standard for Extra Hard Grating Cheese

Codex standard numbera (CODEX STAN) 283-1978 284-1971 208-1999 221-2001 285-1978

Latest revision

Latest amendment

Rev. 1-1999 Rev. 1-1999

Amd. 3-2008b Amd. 2-2006 Amd. 1-2001 Amd. 1-2008c Amd. 1-2008c

286-1978

Amd. 1-2008c

287-1978

Amd. 1-2008c

262-2007 263-1966 264-1966 265-1966 266-1966 267-1966 268-1966 269-1967 270-1968 271-1968 272-1968 273-1968 274-1969 275-1973 276-1973 277-1973 278-1978

Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007 Rev. 1-2007

Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c Amd. 1-2008c

a The recently revised numbering system, using only numbers, is used; previously most general or group standards had a prefix ‘A’ and individual cheese variety standards had a prefix ‘C’. b The 2008 amendment of this standard involved renumbering only; otherwise the 2006 amendment contains the latest amended and revised text. c The 2008 amendment of these standards involved renumbering only; other aspects were not amended or revised. The Standard for Extra Hard Grating Cheese was renumbered again in 2008.

846 Cheese | Current Legislation for Cheeses Table 3 Overall structure of sections of codex milk product standards Section number

Section title

1 2 3

Scope Description Essential composition and quality factors

4 5 6 7

8

Subsection number

Subsection title

3.1 3.2 3.3

Raw materials Permitted ingredients Composition

7.1 7.2 7.3 7.4 7.5

Name of the food Declaration of milk fat Declaration of milk protein List of ingredients Labeling of nonretail containers

Food additives Contaminants Hygiene Labelinga

Methods of sampling and analysis Annex or Appendixb

a

Not all labeling subsections are used in individual standards; those used are numbered sequentially 7.1, 7.2, etc. Annexes and Appendices are included in some standards only. Appendices are included in 10 of the individual cheese variety standards where the wording is intended for voluntary application by commercial partners and not for application by governments.

b

Speciality Guaranteed or TSG) and Regulation 2301/97 on entry of certain names in the ‘Register of certificates of specific character.’ The latter has three registered cheeses – Mozzarella (Italy), Boerenkaas (The Netherlands), and Husha˚llsost (Sweden). Consequently, a European cheese could not be designated as, say, Neufchaˆtel, as this is a protected designation, unless produced as prescribed by French legislation. However, a cheese variety name such as Cheddar or Emmental may be used, under European law, unless the name is a specific protected designation for such varieties, for example, West Country Farmhouse Cheddar or Emmental de Savoie. Similarly, a cheese can be called Mozzarella if it is produced using any suitable method of manufacture, provided it does not claim to be a traditional specialty or does not use the logo under Regulation 2082/92. In addition, decisions of the ECJ have ruled that Feta (ECJ Cases 465/02 and 466/02) and Parmesan, that is, Parmigiano Reggiano (ECJ Case 132/05), are protected designations and cannot be used for cheeses other than those produced in accordance with the prescribed requirements. Apart from these regulations, there is no other specific vertical EC legislation on cheese or individual cheese varieties. It should be noted, however, that European legislation of a horizontal nature, related to areas such as hygiene, additives, and packaging materials apply to all food products and certain aspects related to labeling, including nutrition and health claims, contain provisions relevant to cheese in general. As most of the individual member states of the EU have their own legislation on cheese, care must be

exercised as regards the implications of such national legislation in the countries of retail sale.

Cheese Legislation in a Selection of the Member States of the European Union United Kingdom The first UK cheese legislation was contained in the Cheese Regulations 1965. These regulations applied to England and Wales; Scotland and Northern Ireland had separate but identical legislation. They contained a definition of cheese and specified the requirements for hard, soft, and whey cheeses, processed cheese, and cheese spread; it subdivided soft cheese into full-fat, mediumfat, low-fat, and skimmed-milk cheese based on its composition. These standards were amended on a number of occasions but in 1970 were replaced by the Cheese Regulations 1970, which reenacted, with amendments, the 1965 Regulations, and so contained many of the earlier provisions. These 1970 regulations specified compositional requirements for 28 cheese varieties and variants. Specific ingredients were allowed in cheese in general and in certain types such as soft cheese. The ingredients that could be used in various cheese types were specified, and the list included food additives. European food additive legislation now supersedes this list, but it may be taken as an indication of the food additives in these categories that were in use at the time the legislation was enacted.

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The 1970 Regulations were amended in 1974, 1984, and 1995 and were replaced by the short-lived Cream and Cheese Regulations 1995, which applied to England, Wales, and Scotland. The 1995 Regulations had a new definition of cheese, retained the old definitions of processed cheese and cheese spread, and also retained compositional requirements for Cheddar, Blue Stilton, and 10 other UK territorial cheeses; the compositional requirements for other cheeses such as Edam, Gouda, Cream cheese, double Cream cheese, and soft cheeses were not retained. The 1995 Regulations were repealed and replaced by the (UK) Food Labelling Regulations 1996, which retained the definition of cheese and the compositional requirements of the cheeses contained in the 1995 Regulations (Table 4); they did not retain the definitions of processed cheese and cheese spread. For the cheeses whose composition is specified in the Food Labelling Regulations, the use of a nutritional type claim in conjunction with the variety name, such as Reduced Fat Cheddar, is not allowed at this time, but discussions have been initiated, which may alter this situation. Furthermore, if terms such as reduced fat or other such nutritional claims are used for cheese, then these should be in line with the relevant EU regulation in this area. The current definition of cheese given in the (UK) Food Labelling Regulations 1996 is as follows: Cheese means the fresh or matured product intended for sale for human consumption, which is obtained as follows – (a) in the case of any cheese other than whey cheese, by the combining, by coagulation or by any technique involving coagulation, of any of the following substances, namely milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, Table 4 Cheese varieties and compositional requirements for maximum moisture and minimum fat-in-dry matter content established in the UK Legislation Food Labelling Regulations 1996

1996 Food Labelling Regulations

Max. moisture (g per100 g)

Min. fat in dry matter (FDM)(g 100 g)

Cheddar Blue Stilton Derby Leicester Cheshire Dunlop Gloucester Double Gloucester Caerphilly Wensleydale White Stilton Lancashire

39 42 42 42 44 44 44 44 46 46 46 48

48 48 48 48 48 48 48 48 48 48 48 48

Compiled from HMSO (1996).

reconstituted dried milk, butter milk, materials obtained from milk, other ingredients necessary for the manufacture of cheese provided that those are not used for replacing, in whole or in part, any milk constituent, with or without partially draining the whey resulting from coagulation; (b) in the case of whey cheese – (1) by concentrating whey with or without the addition of milk and milk fat, and molding such concentrated whey, or (2) by coagulating whey with or without the addition of milk and milk fat.

The legal status of other varieties of cheese, especially those that had minimum compositional standards established in the Cheese Regulations 1970, is unclear. It is likely that they have become customary names (i.e., a name customary in the member state in which it is sold) if they did not depart significantly from the original compositional profile. The terms full fat, medium fat, hard, and soft, in relation to a cheese, would indicate the true nature of the food as required by Regulation 8 of the Food Labelling Regulations 1996. The UK also has 9 PDO and 2 PGI cheeses registered at European level. The UK Cheese Regulations 1970 had a very narrow definition of processed cheese, which required it be made from cheese and did not allow the use of any other milkbased ingredients. The related definition of cheese spread allowed the use of cheese and milk products, and such products could also be designated as cheese food. Probably, as a consequence of this, most processed cheese products on the UK market today are designated as either cheese food, used for the products in block or slice formats, or cheese spread, in case of spreadable products.

France In a speech in 1961, General Charles de Gaulle despaired, ‘‘Can you govern a country in which there are 246 kinds of cheese?’’ At the IDF World Dairy Summit (Congrelait) in Paris in 2002 an exhibition was held entitled La France aux 1000 fromages, which displayed the stated number of cheeses; an accompanying poster illustrated these cheeses. Given such a diversity, it is not surprising that France has detailed legislation on cheese. The definition of cheese is given in the first article of the Decree 628 of 27 April 2007, which may be translated as follows: The name cheese is reserved for nonfermented or fermented, unripened or ripened products obtained from the following raw materials: milk, totally or partially skimmed milk, and buttermilk used as such or in a mixture and totally or partially coagulated before draining or after partial elimination of the aqueous phase. The minimum dry matter content of the product corresponding to

848 Cheese | Current Legislation for Cheeses

this definition should be 23 g for 100 g of cheese. (This last criterion may vary for fresh cheeses, depending on their fat content.) The same text describes the authorized treatments and additions, and various conditions that apply whether the product is sold under the general definition ‘cheese’ or under that of a cheese defined in the annex of the decree, such as Camembert, Brie, Emmental, Sainte-Maure, and Picodon. For the general case of a product sold under the name of cheese, one or several of the following products may be used during manufacturing:

• salt and herbs • spices partially or totally dehydrated milk or buttermilk, or a • dairy protein preparation (without prejudice to the

• • • •

specific EU regulations on the use of caseins and caseinates in cheese) where required by the technological constraints. The initial protein content of the dairy raw material mixture used should not increase by more than 10 g l1 (but by not more than 5 g l1 for the cheese varieties defined in the decree) spice extracts and natural flavor within a limit of 30% of the finished weight, sugars and other food products conferring the finished product with a specific flavor – the addition of fat and proteins of an origin other than milk is however forbidden rennet, harmless lactic acid bacteria, and yeast and mold cultures other substances or other categories of aroma compounds depending on relevant conditions set by interministerial decrees

Processed cheese (fromage fondue) is also defined, and there is a new definition for specialite´ fromage`re fondue (processed cheese specialty) in the 2007 decree. The annexes cheese under ripened and unripened; fresh • categorize white, soft, hard, and semihard; goats cheese; and one

• • • •

particular specialite´ fromage`re fondue tabulate specific requirements for 27 individual French cheeses in the various categories as regards the origin (species) of milk describe the product specify shapes and weights specify the fat-in-dry matter (FDM) and dry matter composition

Specific rules apply to the use of descriptive terms relating to fat content, such as 0% de matie`re grasse, maigre, alle´ge´, cre`me, double cre`me, and triple cre`me. The fat content per 100 g should be indicated, but this is not necessary where the product has nutritional labeling that gives the fat content per 100 g. In addition to the general requirements for cheese outlined above, specific decrees are issued as regards

AOC cheeses from France. Today, France has about 45 AOC cheeses, 40 of which are protected at EU level – 36 as PDO and 4 as PGI. Germany German cheese legislation is detailed in the Ka¨severordnung (cheese order). This is quite an extensive piece of legislation, defining cheese and setting requirements as regards permitted raw materials, ingredients, labeling, and chemical composition for ka¨se (cheese) and erzeugnisse aus Ka¨se (products made from cheese). The latter products encompass schmelzka¨se (processed cheese), schmelzka¨sezuberitungen (processed cheese preparations), ka¨sezuberitungen (cheese preparations), and ka¨sekompositionen (cheese compositions). Cheese and cheese products may only be marketed in specified fat content categories, such as double cream, cream, and full fat, based on FDM content. It should be noted that different compositional criteria apply to processed cheese and processed cheese preparations. These category names should also be used for labeling purposes, but these may be replaced by stating the FDM content on the label in the form X% f.i.tr (fett in trockenmasse). Individual cheeses are further classified as hartka¨se (hard), schnittka¨se (slicing), halbfester schnittka¨se (semihard, slicing), sauermilchka¨se (acid curd), weichka¨se (soft), and frischka¨se (fresh) based on the moisture content of the fat-free cheese mass. Anlage 1 (Annex 1) sets additional criteria as regards production requirements, permitted fat categories, permitted weights, minimum ripening times, appearance, texture, smell, and taste for certain cheese varieties, including Chester (Cheddar), Emmentaler, Gouda, Edam, Tilsiter, Brie, and Camembert, as well as the typical German varieties and designations of German geographical origin – Germany has four PDOs for cheeses recognized at European level. There are also requirements specified for frishka¨se and speisequark. Cheese and cheese products from other countries that do not correspond to the specifications of the German regulations are permitted to be marketed if they are produced in accordance with the legislation of their country of origin and are marketable there, but only if the deviation is clearly indicated and legible on the finished package. Such indications should be provided also in connection with the product name if misleading consumers cannot be avoided through the ingredients list. The product name of the country of origin may also be used. Denmark Danish cheese legislation on cheese is detailed in the Mælkeproduktbekendtgørelsen (which can be translated as the ‘executive order on milk products’). The present version dates from 2004 and can be accessed electronically.

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Cheese is defined as The ripened or unripened (fresh), milk, prepared with or without rind, and in which the ratio of whey protein and casein does not exceed that in milk, which is achieved 1. by total or partial coagulation of milk protein in milk, skimmed milk, fat-standardized milk, cream, and buttermilk or a combination thereof by rennet or other appropriate coagulants and with partial drainage of whey; or 2. by a manufacturing process that includes the full or partial coagulation of milk in [dairy] milk and other dairy products, which gives an end product that has similar physical, chemical, and sensory characteristics of the product manufactured listed under point 1. Cheese is further classified by texture as, for example, extra hard, hard, firm, or soft, based on specified moisture levels on a fat-free basis; by fat content as, for example, extra fullfat, full-fat, middelfed, mager, and ekstra mager based on specified FDM content; and also by ripening type as, for example, unripened or ripened, with mold-ripened indicated where relevant. The FDM content should also be stated on the label as the percentage fat in dry matter or simply as Xþ, where X is the FDM content. The name of unripened soft cheese may be replaced by names such as Frisk (fresh), Kvark, Hytteost (Cottage cheese), Ryegost (if smoked), or Flødeost (Cream cheese), subject to meeting certain specified compositional requirements. Italy A catalogue produced in 1977 listed more than 450 cheeses produced in Italy, and it is thought to be unlikely that a complete list exists of all Italian cheeses. A definition of cheese is given in the Decree of the President of the Republic No. 1099 of November 1953 as follows: The use of the term cheese is reserved for the fresh or matured products obtained by draining after the coagulation of milk, cream, skimmed or partially skimmed milk, or a combination of these; the term ‘cheese’ is further reserved for products obtained by the partial concentration of whey or of buttermilk, but excluding the addition of fatty matter foreign to milk.

It must be noted that the milk sources are quite limited and the use of milk powders is not included. Recognition of the Protected Denominations of Origin (PDOs) at the national level was introduced under Law No. 125 in 1954. The latest register of the European Union lists 35 Italian cheeses protected as PDOs, and there is also a TSG for Mozzarella as the original specialty as manufactured in Italy. Consorzi have been established to protect and safeguard the protected denominations of origin of a number of Italian cheeses, for example, Asiago, Parmigiano Reggiano, and Grana Padano, and their websites contain

the specifications and requirements for the particular cheeses. These Consorzi are quite proactive internationally in the defense of their cheeses.

Spain Spanish cheese legislation is contained in the Real Decreto 1113/2006. Annex I lays down quality standards for cheese and defines cheese as follows: Cheese is understood to be a fresh or matured product, solid or semisolid, obtained from milk, whole milk, skim milk, milk fat, buttermilk, or a mix of some or all of these products, partially or totally coagulated by rennet or other suitable coagulants, before the draining of whey or after the partial elimination of the aqueous matter, with or without prior hydrolysis of the lactose, as long as the ratio between the casein and serum proteins is equal to or greater than that of milk.

This is quite similar to the Codex definition outlined earlier. The minimum dry-milk solids content of cheese is specified as 15%. Essential and optional ingredients are also laid down. The latter include milk powder, for adjustment of milk solids content to a maximum of 5% of the total dry matter from milk; sugars (sucrose and glucose), alone or in combination, to a maximum of 17% of the final product; and gelatine to a maximum of 5 g kg1 in queso fresco (fresh/ unripened cheese) and queso blanco pasterizado (pasteurized white cheese) only. Based on their degree of ripening, descriptors such as queso fresco (fresh or unripened cheese), queso blanco pasterizado (pasteurized white cheese), queso madurado (ripened cheese), and queso madurado con mohos (mold-ripened cheese) are defined for use. The descriptor mold-ripened cheese may be replaced by queso azul (blue cheese) or queso de pasta azul (blue paste cheese) when appropriate. The term madurado (ripened/ matured) may be substituted by the descriptors tierno, semicurado (semicured), curado (cured), viejo (old or mature), or an˜ejo (extra mature) where they meet the minimum ripening periods specified in the decree, which may differ depending on whether the weight of the cheese is above or below 1.5 kg. Fat level descriptors based on FDM content are also defined for use such as extragraso, graso, semigraso, semidesnatado, and desnatado. The fat content should be stated in the labeling of the cheese (as FDM per 100 g). However, it is not required when nutrition labeling is used; furthermore, it may be replaced by the fat level descriptors, as outlined above. Annex II of the decree addresses quality standards for quesos fundidos (processed cheeses) and defines them as the products obtained through grinding, mixing, melting, and emulsification of one or more varieties of cheese, with or without the addition of milk, milk products, or other food

850 Cheese | Current Legislation for Cheeses

products. The addition of milk products is limited by setting the lactose content, which may not exceed 6%. The minimum dry matter of processed cheese is specified as 35%, and for processed cheese described as a spread or spreadable, the minimum level is set at 30%. The fat descriptors used for cheese in Annex I also apply to processed cheese at the same FDM levels. Ireland In Ireland, there is no specific national legislation on cheese. Cheeses produced in Ireland and labeled to meet UK legislation have not had problems when sold on the Irish market. This facilitated both producers and consumers; indeed, the size of the home market could create problems if this were not the situation. However, reduced fat variants of common cheese varieties can be designated ‘reduced fat’ with the variety name on the Irish market but not in United Kingdom; for example, Reduced Fat Cheddar is acceptable in Ireland, provided it meets the relevant EU legislation on nutrition and health claims as regards a reduced fat claim. There is one Irish cheese, Imokilly Regato, protected as a PDO by the EU. Another possible approach for cheeses intended for the Irish market alone would be to manufacture in accordance with the relevant Codex standard. However, in such instances it would be wise to seek prior approval of the competent Irish Authority, at this time the Department of Agriculture, Fisheries and Food, as regards its status regarding manufacture, composition, and proposed product labeling. This would help avoid a potential problem if quite similar products on the market used different product names; this could be seen to be misleading or confusing to consumers.

US Legislation on Cheese The Code of Federal Regulations (CFR) is the consolidated source of all US federal legislation as developed by the relevant US government departments and/or their administrative agencies, such as the Food and Drug Administration (FDA) and the US Department of Agriculture (USDA), and published in the Federal Register. It is divided into 50 titles that represent all broad areas that are subject to federal regulation. For instance, Title 7 covers Agriculture, administered by the USDA, and Title 21 deals with Food and Drugs, administered by the FDA. Each volume of the CFR is updated once each year and is issued on a quarterly basis. It is published by the Office of the Federal Register, an agency of the National Archives and Records Administration. The latest CFR is also available online. Each title of the CFR is divided into chapters; each chapter is further subdivided into parts that cover specific

regulatory areas. Large parts of the CFR are subdivided into subparts. All parts are organized in sections, and most citations in the CFR are provided at the section level. The full format of a CFR citation, for example, for Cheddar Cheese is 21 CFR Part 133 Subpart B x133.113. However, the abbreviated version 21 CFR x133.113 is the form that is normally used. Standards of identity for cheese are given in 21 CFR x133. Most of the present standards date from 1977 or 1983, though there were earlier versions of many of these standards. At this time, there are 76 standards of identity for cheeses covering 36 different cheese varieties (Table 5), and a further 12 standards for pasteurized processed cheese, pasteurized cheese spreads, and pasteurized blended cheeses (Table 6). Standards of identity for cheese are addressed typically under four main headings: 1. Description – which can be detailed and lengthy; 2. Optional Ingredients – usually subdivided into provisions on milk ingredients, clotting enzymes, and other optional ingredients, which include food additives provisions; 3. Nomenclature – the name of the food; 4. Label Declarations – which state that each of the ingredients used in the food shall be declared on the label as required by the applicable subsections of 21 CFR x101 and x130, except that enzymes of animal, plant, or microbial origin may be declared as enzymes, and that the dairy ingredients may be declared, in descending order of predominance, by the use of the terms milk fat and nonfat milk, or nonfat milk and milk fat, as appropriate. It is permitted to use claims on nutrient content in conjunction with the names of standardized products, including cheeses. However, in a few cases, specific standards of identity address nutritionally modified cheeses, for example, low-sodium Cheddar (21 CFR x133.116) and low-sodium Colby (21 CFR x133.121). Other general requirements for foods named by use of a nutrient content claim are given in CFR x101.10. Content claims are based on reference amounts customarily consumed per eating occasion; a list of such reference amounts is to be found in CFR x101.12. For most cheeses this reference amount is 30 g, but different amounts apply for cottage cheese (110 g), certain cheeses used mainly as an ingredient (55 g), and extra hard grating cheeses (5 g). Fat-related claims on nutrient content are contained in x101.62, with the requirements for ‘light’ (or lite) addressed in x101.56. The nutrient claims ‘reduced’ and ‘light’ are recognized as comparative nutrient claims and the appropriate reference food must be specified. There are also requirements for labeling statements to be used on foods that make claims based on nutrient content. In standards of identity for cheeses, food additives or certain additive functional classes may be listed as

Table 5 US cheese varieties or types with standards of identity specified in the Code of Federal Regulations (21 CFR Part 133) excluding processed cheese and processed cheese products Variety/typea

CFR reference

Variety/typea

CFR reference

Variety/typea

CFR reference

Asiago

133.102; 133.103; 133.104 133.106 133.108; 133.109 133.111

Gammelost

133.140

Nuworld

133.162

Gorgonzola Gouda Granular and Stirred Curd Cheese Grated Cheeses

133.141 133.142 133.144; 133.145

Parmesan and Reggiano Provolone Soft Ripened Cheeses

133.165 133.181 133.182

133.146; 133.148

Romano

133.183

Gruyere

133.149

133.183

Hard Cheeses

133.150

Roquefort and other sheep’s milk bluemold cheeses Samsoe

133.185

133.152 133.153; 133.154

Sap Sago Semisoft Cheeses

133.186 133.187; 133.188

133.155; 133.156; 133.157; 133.158 133.160; 133.161

Skim Cheese for manufacturing

133.189

Spiced Cheeses

133.162

Swiss and Emmentaler

133;190; 133.191; 133.193 133.195; 13.196

Blue Brick Caciocavallo Siciliano Cheddar

Cook Cheese/Koch Kaese Cottage Cheese

133.113; 133.114; 113.114 133.118; 133.119; 113.120 133.123; 133.124; 113.125 133.127 133.128; 133.129

Cream Cheese

133.133; 133.134

Washed Curd and Soaked Curd Cheese Edam

133.136; 133.137

Limburger Monterey and Monterey Jack Mozzarella and Scamorza Meunster and Munster

133.138

Neufchatel

Colby Cold Pack

a

Some cheeses that have similar variety names are grouped together for convenience but all individual CFR references for standards of identity of cheeses are given. Prepared from US National Archives and Records Administration (2009) US Code of Federal Regulations (2009) Washington, DC: The Office of the Federal Register National Archives and Records Administration. The Code of Federal Regulations is described in the text.

852 Cheese | Current Legislation for Cheeses Table 6 US standards of identity specified in the Code of Federal Regulations (21 CFR Part 133) for pasteurized processed cheese and pasteurized processed cheese products Standard of identity name

CFR reference

Grated American Cheese Food Pasteurized Blended Cheese Pasteurized Blended Cheese with fruits, vegetables, and meats Pasteurized Process Cheese Pasteurized Process Cheese with fruits, vegetables, and meats Pasteurized Process Pimento Cheese Pasteurized Process Cheese Food Pasteurized Process Cheese Food with fruits, vegetables, and meats Pasteurized Cheese Spread Pasteurized Cheese Spread with fruits, vegetables, and meats Pasteurized Neufchatel Cheese Spread with other foods Pasteurized Process Cheese Spread Pasteurized Process Cheese Spread with fruits, vegetables, and meats

133.147 133.167 133.168 133.169 133.170 133.171 133.173 133.174 133.175 133.176 133.178 133.179 133.180

US National Archives and Records Administration (2009) US Code of Federal Regulations (2009) Washington, DC: The Office of the Federal Register National Archives and Records Administration.

optional ingredients (e.g., stabilizers). A total of 32 such additive functional classes are defined in 21 CFR x170.3(o). Specific individual food additives are not necessarily all listed in the standards of identity. The US definition of a food additive is given in the Food, Drug and Cosmetic Act 1938, as amended, in Section 201(s) and (t), and in the CFR (21CFRx170.3). There are four parts of the CFR that list and define the substances for food use: CFR x181  Prior-sanctioned food ingredients • 2121 CFR  Substances generally recognized as safe • 21 CFRx182 x184  Direct food substances affirmed as • generally recognized as safe 21 CFR x186  Indirect • generally recognized as safefood substances affirmed as A list of all the ingredients and substances are given at the start of each of the above parts, giving the section reference for each compound; in addition, 21 CFR x189 lists substances prohibited from use in human food. A further useful reference point on substances for use in food in the United States is the food additive status list on the FDA website. This lists substances alphabetically and outlines their status and limitations for use. For a brief overview on this topic, a useful document is a short publication by the International Food Information Council in 2005, prepared with the assistance of the FDA.

Canadian Legislation and Standards for Cheese Canadian food legislation, which prescribes the standards of composition, quality, and other properties of certain foods, is contained in the Canadian Food

and Drug Regulations; a consolidated up-to-date version is accessible online. The provisions related to food are contained in Part B, with dairy products addressed in Division 8 thereof. The detailed provisions for cheeses may be found from Section B.08.030 to Section B08.054. Section B08.032 covers 50 cheeses encompassing 41 individual varieties and variants, specifying their individual compositional requirements for maximum levels of moisture and minimum levels of fat, and listing their combined permitted food additives and labeling provisions. Other specific sections address Cheddar (B08.034), Cream cheese and variants (B08.035, B08.037, B08.038, B08.039), the six standards for processed cheese and related products (B08.040, B.08.041, and B.08.041.1 to B.08.041.4), and cold pack cheeses (B.08.041.5 to B.08.041.8). Many of the cheese variety names are similar to those of the United States, but the compositional requirements are not necessarily the same; see Table 7 for just a few such examples. An amendment to the Canadian Food and Drug Regulations in 2007 sets the minimum amounts of casein in cheese that must come directly from certain milks (i.e., milk, partly skimmed milk, skimmed milk, or cream) rather than from other milk products. The minimum amount of casein from the specified milks is expressed as percentage by weight of the total casein content of the cheese. This is set at for Pizza Mozzarella and Part Skim Pizza • 63% Mozzarella; for other types of Mozzarella and for Cheddar, • 83% Colby, Monterey Jack (and variants), Brick (and var-

• •

iants), Farmer’s, and other varieties; 95% for 33 other named varieties and variants; and 100% for Traditional Cheddar Cheese.

Table 7 General overview of compositional requirements of some major cheese varieties of importance in international trade in Codex Alimentarius standards and in the legislation of certain countries Moisture (maximum) (g per 100 g)

% FDM (minimum) (g per 100 g)

% Fat (minimum) (g per 100 g)

Cheese

UK

US

CA

FR

DE

CX

UK

US

CA

FR

DE

CX

UK

US

CA

FR

DE

CX

Cheddar Edamb Goudab Emmental Brie Camembert Cream Cheese

39 (46)c (43)c (40)c (n/s)c (n/s)c (60)c

39 45 45 41 n/s n/s 55

39 46 43 40 54 56 55

n/s n/s n/s 40 56 seee n/s

38 51 51 38 56 62 61f

39 53 52 40 58 62 78

48 (40)c (48)c (45)c (n/s)c (n/s)c (n/s)c

50 40 46 43 (50)d (50)d n/s

n/s n/s n/s n/s n/s n/s n/s

n/s n/s n/s 45 40 40 n/s

45 30 30 45 45 30 50f

22a 30 30 45 40 30 25a

n/s n/s n/s n/s n/s n/s (45)c,g

n/s n/s n/s n/s n/s n/s 33

31 22 28 27 23 22 30

n/s n/s n/s n/s n/s n/s n/s

n/s n/s n/s n/s n/s n/s n/s

n/s n/s n/s n/s n/s n/s n/s

a

Codex specified both (absolute) minimum and reference values for fat content of these cheeses; only the minimum is contained in this table. Some legislation and standards specify different requirements for ‘baby’ and ‘loaf’ variants of these cheeses. c These requirements are those in the UK Cheese Regulations 1970, as amended, and are included for comparison purposes. Requirements for these varieties are not included in the UK Food Labelling Regulations 1996 (HMSO, 1996). d The US Code of Federal Regulations does not have individual standards for these cheese varieties; the FDM value shown is that for Soft Ripened Cheese (21 CFR x133.182) (US National Archives and Records Administration, 2009 US Code of Federal Regulations (2009) Washington, DC: The Office of the Federal Register National Archives and Records Administration). e The 2007 French Decree on cheese specifies the dry matter of Camembert as 110 g par pie`ce (per piece) (Anon, 2007). f These are the requirements for Rahmfrishka¨se; the Ka¨severordnung specifies compositional requirements for both Rahmfrishka¨se and Dopplerahmfrishka¨se. g This is the requirement for Cream Cheese in the UK Cheese Regulations 1970, as amended, now repealed, but are still followed by products on the market. Specific compositional requirements were specified for fat in both Cream Cheese and Double Cream Cheese. CA, Canada; CX, Codex Alimentarius; DE, Germany; FR, France; n/s, not specified; UK, the United Kingdom; US, the United States of America. b

854 Cheese | Current Legislation for Cheeses

Cheese Legislation in Australia and New Zealand Historically, Australia and New Zealand had separate legislation and indeed in part that remains the situation to this day. The earlier 1987 Food Standards Code, now repealed, was developed for Australia, but later adopted and updated by the Australia New Zealand Food Authority (ANZFA), and was applicable up to the adoption of the current code in 2000. This earlier Code contained more detailed provisions for individual cheeses in Standard H9, which encompassed cheese and cheese products. In 1995 Australia and New Zealand signed a treaty agreeing to develop and implement a single set of food standards. The Food Standards Treaty provided for Food Standards Australia New Zealand (FSANZ) to undertake food standards development for both countries. FSANZ has produced a Food Standards Code 2000, which is regularly updated and contains the joint standards developed to date. The 2000 Food Standards Code provides a definition of cheese similar to the 1999 Revision of the Codex General Standard for Cheese and specifies a list of ingredients permitted in cheese. The definition of cheese given in Standard 2.5.4 of the Food Code is as follows: Cheese means the ripened or unripened solid or semisolid milk product which may be coated and is obtained by one or both of the following processes – (a) coagulating wholly or partly milk, and/or materials obtained from milk, through the action of rennet or other suitable coagulating agents, partially draining the whey which results from such coagulation; or (b) processing techniques involving concentration or coagulation of milk and/or materials obtained from milk which give an end-product with similar physical, chemical and organoleptic characteristics as the product described in paragraph (a).

Part (a) of this definition is an earlier and simpler definition from that in the present Codex definition of cheese as outlined earlier. The ingredients permitted in cheese are specified as

• water acid-producing microorganisms • lactic microorganisms • flavor-producing • gelatine • starch • vinegar • salt Processed cheese is defined as a product manufactured from cheese and products obtained from milk, which is

heated and melted, with or without added emulsifying salts, to form a homogeneous mass. Standard 4.2.4A of the Code, which applies to Australia only, sets out some primary production and processing requirements for Gruyere, Sbrinz, Emmental, and Roquefort cheese; references and requirements for other individual cheese varieties are not included. At this time the production of individual varieties of cheese in conformance with the relevant Codex standards for cheeses should be acceptable in Australia and New Zealand.

Conclusions Although the Codex Alimentarius standards for cheese are reflected to a greater or lesser extent in cheese legislation throughout the world at this time, it is not possible to give a single definition of cheese, or of any specific variety of cheese, that will meet with full acceptance throughout the world. Some countries, among them the United Kingdom, Australia, and New Zealand, have adopted an earlier version of the Codex definition of cheese, which is a little more liberal than the current one. The approach of the United States on the other hand has been to develop standards of identity for quite a large number of individual cheese varieties. Table 7 outlines some similarities and differences in the broad compositional requirements for seven individual varieties of cheese across six countries and the relevant Codex standards. This table should be used with caution, as it is an oversimplification of the situation. In the short term, therefore, it is still necessary to consult the specific legislation of the individual countries to get a full understanding of the requirements. It remains to be seen if the Codex cheese standards, which have been revised and updated in the recent few years, get wider acceptance in the future. This may depend on the outcome of any challenges made at the WTO in the event of disputes between countries regarding cheese denominations. See also: Cheese: Camembert, Brie, and Related Varieties; Cheddar-Type Cheeses; Cheese Analogues; Dutch-Type Cheeses; Hard Italian Cheeses; Low-Fat and Reduced-Fat Cheese; Overview; Pasta-Filata Cheeses: Low-Moisture Part-Skim Mozzarella (Pizza Cheese); Pasteurized Processed Cheese Products; Swiss-Type Cheeses.

Further Reading Behr’s Verlag (2008) Ka¨severordnung 1986 – update to February 2008. http://www.behrs-kompakt.de/katalog/ index.php?mode=index&id=125 (accessed August 2008).

Cheese | Current Legislation for Cheeses Department of Justice Canada (2008) Food and Drug Regulations C.R.C. c. 870. http://laws.justice.gc.ca/en/showtdm/cr/ C.R.C.-c.870 (accessed 2010). EU (2009) EU agricultural product quality policy. DOOR – Database of Origin and Registration (Excel file). http://ec.europa.eu/agriculture/ quality/door/Denominations.xls? (accessed 24 June 2010). FAO/WHO (2007b) Codex Alimentarius Milk and Milk Products, 1st edn Rome. ftp://ftp.fao.org/codex/publications/Booklets/Milk/ Milk_2007_EN.pdf. FDA (2006) Food Additive Status List. http://www.cfsan.fda.gov/~dms/ opa-appa.html (accessed 24 June 2010). Food Standards Australia New Zealand (2009) Australia New Zealand Food Standards Code. http://www.foodstandards.gov.au/thecode/ foodstandardscode (accessed 2010). HMSO (1996) The Food Labelling Regulations 1996. SI 1996 No. 1499. London. International Food Information Council (2005) Food Ingredients and Colours. Washington, DC: International Food Information Council. McSweeney PLH, Ottogalli G, and Fox PF (2004) Diversity of cheese varieties: An overview. In: Fox PF, McSweeney PLH, Cogan TM, and

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Guinee TP (eds.) CHEESE Chemistry, Physics and Microbiology, Vol. 2: Major Cheese Groups, 3rd edn., pp. 1–22. Amsterdam: Elsevier Academic Press. Ministerialtidende Danmark (2004) Bekendtgørelse om mælkeprodukter.BEK nr 335 af 10/05/2004.Copenhagen. Ministerio de la Presidencia (2006) Real D 1113/2006, de 29 de septiembre, por el que se aprueban las normas de calidad para quesos y quesos fundidos. Boletı´n Oficial del Estado 239: 34717–34720. Queen’s Printer for Canada (2007) Regulations amending the Food and Drug Regulations and the Dairy Products Regulations. SOR/ 2007-302. Canada Gazette, Part II 41(26): 2778–2786. Ufficio Pubblicazione Leggi e Decreti (Office Publication Laws and Decrees) (1954) International Convention for the use of appellations d‘origine and denominations of cheese (English text). Gazzetta Ufficiale della Repubblica Italiana 47: 623–628. U.S. National Archives and Records Administration (2009) US Code of Federal Regulations (2009). Washington, DC: The Office of the Federal Register National Archives and Records Administration.