MYS/131
WTO/TBT
MY Malaysia
  • 18 - Kakao und Zubereitungen aus Kakao
2026-02-15
2025-12-22

HS Code 18.01: Cocoa beans, whole or broken, raw or roasted.

HS Code 18.03: Cocoa paste, whether or not defatted.

HS Code 18.04: Cocoa butter, fat and oil.

HS Code 18.05: Cocoa powder, not containing added sugar or other sweetening matter.

HS Code 18.06: Chocolate and other food preparations containing cocoa.

Draft amendments to regulations 274 to 279, deletion of regulations 280 and 281, insertion of three new regulations i.e., regulations 276a, 279a and 279b and insertion of a new Twentieth AA Schedule to The Food Regulations 1985 [P.U.(A) 437/1985].; (7 page(s), in English)

The proposed amendments to the Food Regulations 1985 [P.U.(A) 437/1985] involve the following:

1.    regulation 274 is to amend the definition by deleting the phrase "the properly fermented, dried" and to insert the word "the";

2.    regulation 275 is to amend the name of the regulation and its definition:

a) by deleting the word "or cracked cocoa" in the name of the regulation

b) by substituting the phrase "Cocoa nib or cracked cocoa shall be the roasted cocoa bean freed from its shell or husk, with or without the germ." with "Cocoa nib shall be the product prepared by removing the shell from cleaned cocoa beans."

3.    regulation 276 is to amend the definition, composition requirements and the use of food additives on cocoa mass, cocoa paste or cocoa liquor:

(a) by deleting the word "cocoa slab" in the name of the regulation and the definition;

(b) by deleting the phrase "It shall contain not less than 48 per cent of cocoa fat." in the definition;

(c) by substituting the existing composition requirements of cocoa mass, cocoa paste or cocoa liquor with "Cocoa mass, cocoa paste or cocoa liquor shall contain- (i) not more than 1.75 per cent of cocoa shell calculated on an alkali free basis; and

(ii) 47 per cent to 60 per cent mass per mass of cocoa butter."; and

(d) by inserting a new subregulation (3) after subregulation (2)(b) as "Cocoa mass, cocoa paste and cocoa liquor may contain permitted flavouring substances except those flavours that imitate chocolate or milk flavours.";

4. regulation 276A is to insert new regulation by inserting the definition and composition requirements on cocoa cake;

5. regulation 277 is to amend the definition, composition requirements and the use of food additives on cocoa butter:

(a) by substituting the word "paste" with "mass" in the definition;

(b) by substituting the existing composition requirements of cocoa butter with "Cocoa butter shall contain–

(i) not more than 1.75 per cent mass per mass of free fatty acid as oleic acid; and

(ii) not more than 0.7 per cent mass per mass of unsaponifiable matter except in the case of press cocoa butter which shall contain not more than 0.35 per cent

mass per mass of unsaponifiable matter."; and

(c) by deleting subregulation 277(3);

6. regulation 278 is to amend the definition, composition requirements and the use of food additives on cocoa powder:

(a) by deleting the words "or cocoa" and "or soluble cocoa" in the name of the regulation and the definition;

(b) by substituting the existing definition of cocoa powder with "Cocoa powder shall be the product obtained from cocoa cake which transformed into powder.";

(c) by substituting the existing composition requirements of cocoa powder with "Cocoa powder shall contain —

(i) not less than 20 per cent mass per mass of cocoa butter;

(ii) not more than 7 per cent mass per mass of moisture content; and

(iii) not more than 1.75 per cent of cocoa shell calculated on an alkali free basis.";

(d) by substituting the existing use of food additives on cocoa powder with "Cocoa powder may contain permitted flavouring substances except those flavours

that imitate chocolate or milk flavours."; and

(e) by inserting a new subregulation (4) after subregulation (3) as "Notwithstanding paragraph (2)(a) —

(i) fat-reduced cocoa powder shall contain not less than 10 per cent and not more than 20 per cent of cocoa butter; and

(ii) highly fat-reduced cocoa powder shall contain less than 10 per cent of cocoa butter.";

7. regulation 279 is to amend the definition, composition requirements and the use of food additives on chocolate:

(a) by substituting the existing definition of chocolate with "Chocolate shall be the product prepared from cocoa materials and may be combined with milk

products, sugars with or without other permitted sweetening substances.";

(b) by substituting the existing composition requirements of chocolate with "For the purpose of subregulation (1), chocolate is classified into several types and

shall comply with the requirements as specified under Twentieth AA Schedule.";

(c) by substituting the existing use of food additives on chocolate with "Chocolate may contain –

(i) permitted flavouring except those flavours that imitate chocolate or milk flavours;

(ii) any other food, excluding added flour, starch and animal fats other than milk fat, not more than 40 per cent of the total weight of the finished product; and

(iii) vegetable fats other than cocoa butter and the addition shall contain not more than 5 per cent of the finished product, after deduction of the total weight of any other added food, without reducing the cocoa materials.";

(d) by inserting a new subregulation (4) after subregulation (3)(c) as "Notwithstanding paragraph (3)(b), chocolate a la taza and chocolate familiar a la taza may

contain added flour and starch.";

8. regulation 279A is to insert new regulation by inserting the definition, composition requirements and labelling requirements on compound chocolate;

9. regulation 279B is to insert new regulation by inserting the definition, composition requirements, the use of food additives and labelling requirements on cocoa

or chocolate premix;

10. regulation 280 and regulation 281 is to delete the entire regulations following the amendments of regulation 279; and

11. Twentieth AA Schedule is to insert new schedule which prescribe chocolate types and its compositional requirements.