DECISION OF COUNCIL OF THE EURASIAN ECONOMIC COMMISSION

of October 9, 2013 No. 67

About the technical regulation of the Customs union "About safety of milk and dairy products"

According to article 3 of the Agreement on the Eurasian economic commission of November 18, 2011 Council of the Eurasian economic commission solved:

1. Accept the enclosed technical regulation of the Customs union "About safety of milk and dairy products" (TR CU 033/2013).

2. Determine that the technical regulation of the Customs union "About safety of milk and dairy products" (TR CU 033/2013) becomes effective since May 1, 2014.

3. To the government of the Russian Federation together with the Eurasian economic commission about day of entry into force of the technical regulation of the Customs union "About safety of milk and dairy products" (to prepare TR CU 033/2013) for acceptance in accordance with the established procedure changes in the specified technical regulation according to the made decision on establishment of provisions on reference of the recovered milk for the dairy product which is packed up in consumer pack and its corresponding marking.

4. This Decision becomes effective after 30 calendar days from the date of its official publication.

Members of council of the Eurasian economic commission: From the Republic of Belarus

S. Rumas

From the Republic of Kazakhstan

B. Sagintayev

From the Russian Federation

I. Shuvalov

Accepted by the Decision of Council of the Eurasian economic commission of October 9, 2013, No. 67

The technical regulation of the Customs union "About safety of milk and dairy products" (TR CU 033/2013)

This technical regulation is developed according to the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.

This technical regulation establishes obligatory for application and execution on customs area of the Eurasian Economic Union (further - the Union) safety requirements to the milk and dairy products released on customs area of the Union to processes of their production, storage, transportation, realization and utilization, and also the requirement to marking and packaging of milk and dairy products for ensuring their free movement.

If concerning milk and dairy products other technical regulations of the Union (Customs union) establishing safety requirements to milk and dairy products to processes of their production, storage, transportation, realization and utilization, and also the requirement to their marking and packaging are accepted, that milk and dairy products, requirements to processes of their production, storage, transportation, realization and utilization, and also requirements to their marking and packaging shall conform to requirements of all technical regulations of the Union (Customs union) which action extends to them.

I. Scope

1. This technical regulation is developed for the purpose of protection of life and health of the person, the environment, life and health of animals, the prevention of the actions misleading consumers of milk and dairy products concerning their appointment and safety and extends to the milk and dairy products released on customs area of the Union, processes of their production, storage, transportation, realization and utilization.

2. This technical regulation extends to the milk and dairy products released on customs area of the Union and used in the food purposes including:

a) raw milk – raw materials, skim milk (crude and thermally processed) – raw materials, cream (crude and thermally processed) – raw materials;

b) dairy products, including:

dairy products;

dairy compound products;

milk-containing products;

milk-containing products with substitute of milk fat;

milk conversion by-products;

products of baby food on milk basis for children of early age (from 0 to 3 years), preschool age (from 3 to 6 years), school age (of 6 years is also more senior), adapted or partially adapted initial or subsequent milk mixes (including dry), dry acidified milk formulas, milk drinks (including dry) for food of children of early age, the milk porridges ready to the use, and milk porridges dry (recovered to readiness in house conditions by drinking water) for food of children of early age;

c) production processes, storages, transportations, realization and utilizations of milk and dairy products;

d) functional components necessary for production of products of conversion of milk.

3. Action of this technical regulation does not extend to the following products:

a) the products made on the basis of milk and dairy products held for use in specialized food (except for milk and dairy products for baby food);

b) culinary and confectionery, food and dietary supplements, medicines, stern for animals, the non-food goods made with use or on the basis of milk and dairy products;

c) the milk and dairy products received by citizens in house conditions and (or) in personal subsidiary farms and also the production processes, storages, transportations and utilizations of milk and dairy products intended only for private consumption and which are not intended for release into the stream of commerce on customs area of the Union.

4. This technical regulation "The food products regarding its marking" establish obligatory for application and execution on customs area of the Union of the requirement to marking and packaging of milk and dairy products, the supplementing requirements of the technical regulation of the Customs union (TR CU 022/2011) approved by the Decision of the Commission of the Customs union of December 9, 2011 No. 881 (further – the technical regulation of the Customs union "Food products regarding its marking" (TR CU 022/2011)), and the technical regulation of the Customs union "About safety of packaging" (TR CU 005/2011) approved by the Decision of the Commission of the Customs union of August 16, 2011 No. 769 (further – the technical regulation of the Customs union "About the safety of packaging" (TR CU 005/2011)) and which are not contradicting them.

II. Basic concepts

5. For the purposes of application of this technical regulation the concepts established by the technical regulation of the Customs union "About safety of food products" are used (TR CU 021/2011) approved by the Decision of the Commission of the Customs union of December 9, 2011 No. 880 (further – the technical regulation of the Customs union "About safety of food products" (TR CU 021/2011)), the technical regulation of the Customs union "Food products regarding its marking" (TR CU 022/2011), and also the following concepts and their determinations:

"ayran" - the fermented milk product made in the way mixed (lactic and spirit) fermentations with use of fermenting microorganisms (thermophilic lactic streptococci, the Bulgarian lactic stick) and yeast with addition of water, table salt or without their addition;

"albumine" - the milk conversion product made from whey and representing concentrate of serumal proteins of milk;

"acidophilus milk" - the fermented milk product made with use in equal ratios of fermenting microorganisms (acidophilic lactic stick, lactococci and the ferment prepared on kefiric fungi);

"varenets" - the fermented milk product made by the souring of milk and (or) dairy products which are previously sterilized or subjected to other heat treatment at  temperature of 97 °C of 2 °C with use of fermenting microorganisms (thermophilic lactic streptococci) before achievement of characteristic organoleptic properties;

"the recovered milk" - the dairy product including enriched, which is packed up in consumer packaging, or raw materials for production of products of conversion of milk, except drinking milk, made from concentrated, or condensed, or powdered milk and water with addition or without addition for the purpose of normalization of milk of skim milk and (or) cream;

"secondary milk raw materials" - milk conversion by-product, dairy product, dairy compound product, milk-containing product, milk-containing product with substitute of milk fat with partially lost identification signs or consumer properties (including the products withdrawn within their expiration dates, conforming to the safety requirements imposed to food staples), held for use after conversion;

"ferments for production of products of conversion of milk" - the milk conversions which are specially picked up and used for production of products nonpathogenic, not toxicogenic microorganisms and (or) associations of microorganisms (mainly lactic);

"cottage cheese" - the dairy product or dairy compound product made from cottage cheese grain with addition or without addition of cream, table salt and other not milk components entered not for the purpose of replacement of components of milk;

"yogurt" - the fermented milk product with the increased content of the dry fat-free milk substances made with use of fermenting microorganisms (thermophilic lactic streptococci and the Bulgarian lactic stick);

"casein" - the milk conversion product made from skim milk and representing the main fraction of protein of milk;

"caseinate" - the milk conversion product made from casein by processing by solutions of hydroxides of alkaline metals or their salts and drying;

"kefir" - the fermented milk product made in the way mixed (lactic and spirit) fermentations with use of the ferment prepared on kefiric fungi without addition of net cultures of lactic microorganisms and yeast;

"sour-milk ice cream" - ice cream (dairy product or dairy compound product) in which the mass fraction of milk fat constitutes no more 7,5 of percent, made with use of fermenting microorganisms or fermented milk products;

"fermented milk product" - dairy product or dairy compound product which is made by the method leading to decrease in indicator of active acidity (pH), increase in indicator of acidity and coagulation of milk protein, milk souring, and (or) dairy products, and (or) their mixes with not milk components which are entered not for the purpose of replacement of components of milk (to or after souring), or without addition of the specified components with use of fermenting microorganisms and contain live fermenting microorganisms in the quantity established in appendix No. 1 to this technical regulation;

"kisloslivochny oil paste" - the oil paste made from the pasteurized cream with use of lactic microorganisms;

"kisloslivochny oil" - the butter made from the pasteurized cream with use of lactic microorganisms;

"concentrate of serumal proteins" - the serumal proteins received from whey by concoction or ultrafiltration;

"the concentrated or condensed skim milk" - the concentrated or condensed dairy product in which the mass fraction of solids of milk constitutes at least 20 percent, mass fraction of milk protein in the dry fat-free milk substances - at least 34 percent and mass fraction of milk fat - no more 1,5 of percent;

"the concentrated or condensed whole milk" - the concentrated or condensed dairy product in which the mass fraction of solids of milk constitutes at least 25 percent mass fraction of milk protein in the dry fat-free milk substances - at least 34 percent and mass fraction of milk fat - is at least percent 7,5;

"the concentrated or condensed partially skim milk" - the concentrated or condensed dairy product in which the mass fraction of solids of milk constitutes at least 20 percent, mass fraction of milk protein in the dry fat-free milk substances - at least 34 percent and mass fraction of milk fat of more 1,5, but less 7,5 of percent;

"koumiss" - the fermented milk product made in the way mixed (lactic and spirit) fermentations of mare's milk with use of fermenting microorganisms (the Bulgarian and acidophilic lactic sticks) and yeast;

"kumysny product" - the fermented milk product made from cow's milk according to the production technology of koumiss;

"lactulose" - the lactose conversion product made from laktozosoderzhashchy milk raw materials by lactose isomerization;

"cow's milk oil" - dairy product or dairy compound product on emulsion fatty basis which prevailing component is milk fat which is made from cow's milk, dairy products and (or) by-products of conversion of milk by department from them fatty phase and uniform distribution in it milk plasma;

"oil paste" - dairy product or dairy compound product on emulsion fatty basis in which the mass fraction of fat constitutes from 39 to 49 percent inclusive and which is made from cow's milk, dairy products and (or) by-products of conversion of milk by use of stabilizers with addition or without addition of not milk components not for the purpose of replacement of components of milk;

"mechnikovsky curdled milk" - the fermented milk product made with use of fermenting microorganisms (thermophilic lactic streptococci and the Bulgarian lactic stick);

"milk" - the product of normal physiological secretion of mammary glands of farm animals received from one or several animals in the period of lactation in case of one and more milking without any additions to this product or extraction of any substances from it;

"milk-containing product" - the milk conversion product made on the basis of milk and (or) its components, and (or) dairy products, and (or) by-products of conversion of milk and not milk components (except for the fats of not milk origin entered into structure as independent ingredient and (or) not milk proteins used for replacement of milk protein) which are added not for the purpose of replacement of components of milk, with mass fraction of solids of milk in solids of ready-made product at least 20 percent. Use of the by-products of conversion of milk received in case of production of milk-containing products with substitute of milk fat is not allowed;

"milk-containing product with substitute of milk fat" - the milk conversion product made from milk, and (or) its components, and (or) dairy products, and (or) by-products of conversion of milk and not milk components, according to the production technology of dairy product or dairy compound product with substitution of milk fat in number of no more than 50 percent from fatty phase only substitute of milk fat and allowing use of protein of not milk origin not for the purpose of replacement of milk protein, with mass fraction of solids of milk in solids of ready-made product at least 20 percent;

"milk-containing product with substitute of milk fat skvashenny" - the milk-containing product with substitute of milk fat made according to the production technology of fermented milk product and having organoleptic and physical and chemical properties, similar to it, with the subsequent heat treatment or without it. For the product which is not subjected to heat treatment after souring - with preserving structure and the quantity of microflora of ferment determining type of the corresponding fermented milk product;

"milk-containing product with substitute of milk fat curd cake" - the milk-containing product with substitute of milk fat made on technology of cake cheese which is formed, covered with foodstuff glaze or is not covered with glaze, weighing no more than 150 g;

"the milk-containing product with substitute of milk fat made on technology of cottage cheese" - the milk-containing product with substitute of milk fat made according to the production technology of cottage cheese or from cottage cheese with addition of substitute of milk fat, with addition or without addition of dairy products with addition or without addition of not milk flavoring components and nutritional supplements, with the subsequent heat treatment or without it;

"milk plasma" - colloid system of proteins of milk, milk sugar (lactose), mineral substances, enzymes and vitamins B to water phase;

"dairy products" - the milk conversion products including dairy product, dairy compound product, milk-containing product, milk-containing product with substitute of milk fat, milk conversion by-product, products of baby food on milk basis, adapted or partially adapted initial or subsequent milk mixes (including dry), dry acidified milk formulas, milk drinks (including dry) for food of children of early age, the milk porridges ready to the use, and milk porridges dry (recovered to readiness in house conditions by drinking water) for food of children of early age;

"whey subcheese, cottage cheese or casein" - the milk conversion by-product received in case of production of cheese (subcheese serum), cottage cheese (cottage cheese serum) or casein (casein serum);

"milk ice cream" - ice cream (dairy product or dairy compound product) in which the mass fraction of milk fat constitutes no more 7,5 of percent;

"the milk porridges ready to the use, and milk porridges dry (recovered to readiness in house conditions by drinking water) for food of children of early age" - the food products for baby food made from different types of grain and (or) flour, milk and (or) dairy products, and (or) milk-containing products with addition or without addition of not milk components with mass fraction of solids of milk in solids of product, ready to the use, at least 15 percent;

"milk drinks for food of children of early age" - dairy products for food of children of early age, ready to the use, made from raw milk and (or) dairy products with addition or without addition of not milk components with the subsequent heat treatment, at least pasteurization, and meeting physiological needs of children of early age;

"milk canned food", "milk compound canned food", "milk-containing canned food", "milk-containing canned food with substitute of milk fat" - the dry or concentrated (condensed), packed dairy, dairy compound, milk-containing products, milk-containing products with substitute of milk fat;

"milk fat" - dairy product in which the mass fraction of milk fat constitutes at least 99, percent which has neutral taste and smell and is made from milk and (or) dairy products by removal of milk plasma;

"milk drink" - the dairy or dairy compound product made from milk and (or) components of milk, and (or) dairy products including from concentrated and (or) condensed, and (or) dry dairy products and water, with addition or without addition of other dairy products or not milk components not for the purpose of replacement of components of milk, with mass fraction of milk protein is at least 2,6 of percent and with mass fraction of the dry fat-free substances of milk percent 7,4 suffices (for dairy product);

"dairy product" - foodstuff which is made from milk and (or) its components, and (or) dairy products, with addition or without addition of by-products of conversion of milk (except for the by-products of conversion of milk received in case of production of milk-containing products) without use of not milk fat and not milk protein and as a part of which components, functionally necessary for milk conversion, can contain;

"milk sugar" - the milk conversion product made from whey or ultrafiltrate of whey by concoction, crystallization and drying of lactose;

"dairy compound product" - the foodstuff made from milk and (or) its components, and (or) dairy products with addition or without addition of by-products of conversion of milk (except for the by-products of conversion of milk received in case of production of milk-containing products) and not milk components (except for the fats of not milk origin entered into structure as independent ingredient (does not extend to dairy products for food of children of early age in case of which production fats of not milk origin are used)) which are added not for the purpose of replacement of components of milk. At the same time in ready-made product of components of milk there shall be more than 50 percent, in ice cream and sweet products of conversion of milk - more than 40 percent;

"ice cream the ice cream tempered" subjected to freezing up to the temperature is not higher minus 18 °C after processing in milling cutter and keeping the specified temperature in case of its storage, transportation and realization;

"ice cream milk-containing" - ice cream (milk-containing product) with mass fraction of fat no more than 6 percent;

"ice cream soft" - ice cream which has temperature from minus 5 °C to minus 7 °C and is implemented to consumers directly after processing in milling cutter;

"ice cream with substitute of milk fat" - ice cream (milk-containing product with substitute of milk fat) with mass fraction of fat no more than 15 percent;

"ice cream" the sweet dairy products which - are shaken up, refrigerated and consumed in the refrigerated type, dairy compound products, milk-containing products;

"national dairy product" - the dairy product having the name which historically developed in the territory of state member of the Union, determined by features of technology of its production, raw materials, composition of the ferment used in case of its production and (or) the name of geographical object (the place of distribution of the corresponding dairy product) (for example, ayran, syuzma, the thane, чалап, caimack, мацун, decanted мацун, also others kunut);

"not milk components" - foodstuff which is added to milk conversion products, or nutritional supplements, fragrances, either vitamins, or micro and macrocells, either proteins, or fats, or carbohydrates of not milk origin;

"the normalized milk" - raw materials for production of products of conversion of milk in which mass fractions of milk fat and milk protein and (or) the dry fat-free substances of milk or their ratio are brought into accord with indicators of the standard or technical document of the manufacturer according to which the milk conversion product is made;

"skim milk" - the raw materials for production of products of conversion of milk with mass fraction of milk fat of less 0,5 of percent received as a result of department of milk fat from milk;

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