欧洲议会和理事会指令2012/12/EU,修订关于供人类消费的果汁及某些类似产品的理事会指令2001/112/EC
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32012L0012
OJ编号:OJ L 115, 27.4.2012, p. 1-11
中文标题:欧洲议会和理事会指令2012/12/EU,修订关于供人类消费的果汁及某些类似产品的理事会指令2001/112/EC
原文标题:Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
分类:13.30.14_食品
文件类型:二级立法 Directive|指令
生效日期:2012-04-27
废止日期:2058-12-31
法规全文:查看欧盟官方文件
27.4.2012 Official
Journal
of
the
European
Union L
115/1
I
(Legislative acts)
DIRECTIVES
DIRECTIVE 2012/12/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 April 2012
amending Council Directive 2001/112/EC relating to fruit juices and certain similar products
intended for human consumption
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(2) Without
prejudice
to
Directive
2000/13/EC
of
the
EUROPEAN UNION,
European Parliament and of the Council of 20 March
2000 on the approximation of the laws of the Member
States relating to the labelling, presentation and adver
Having regard to the Treaty on the Functioning of the European
tising of foodstuffs ( 4 ), it is necessary to amend the
Union, and in particular Article 43(2) thereof,
specific provisions of Directive 2001/112/EC concerning
the labelling of fruit juices and similar products to reflect
the new rules on authorised ingredients, such as those
pertaining to the addition of sugars, which are no longer
Having regard to the proposal from the European Commission,
authorised in fruit juices. For other products, added
sugars should continue to be labelled in accordance
with Directive 2000/13/EC.
After transmission of the draft legislative act to the national
parliaments,
Having regard to the opinion of the European Economic and
(3) The
nutrition
claim
‘with
no
added
sugars’,
as
listed
in
Social Committee (
the Annex to Regulation (EC) No 1924/2006 of the
1 ),
European Parliament and of the Council of 20 December
2006 on nutrition and health claims made on foods ( 5 ),
has been used in relation to fruit juices for a very long
Acting in accordance with the ordinary legislative procedure ( 2 ),
time. In the light of the new compositional requirements
for fruit juices provided for in this Directive, its
disappearance from one day to the next after a transi
Whereas:
tional period might not allow an immediate clear
distinction to be made between fruit juices and other
drinks in terms of the addition of sugars in the
(1) In
order
to
protect
the
interests
of
consumers
and
to
products, which would be detrimental to the fruit
enhance the free movement of fruit juices and certain
juices sector. In order to enable the industry to inform
similar products within the Union, Council Directive
consumers properly, it should be possible to use, for a
2001/112/EC (
limited time, a statement indicating that no fruit juices
3 ) has laid down specific provisions
regarding production, composition and labelling of the
contain added sugars.
products concerned. Those rules should be adapted to
technical progress and should, as far as possible, take
account of developments in relevant international stan
dards, in particular the Codex General Standard for fruit
juices and nectars (Codex Stan 247-2005) which was
(4) In
order
to
bring
the
Annexes
to
Directive
2001/112/EC
adopted by the Codex Alimentarius Commission during
into line with developments in relevant international
its 28th session held from 4 to 9 July 2005 (‘Codex
standards and to take into account technical progress,
Standard’). The Codex Standard establishes, in particular,
the power to adopt acts in accordance with Article 290
quality factors and labelling requirements for fruit juices
of the Treaty on the Functioning of the European Union
and similar products.
should be delegated to the Commission in respect of
amending those Annexes, with the exception of Part I
of Annex I, and of Annex II. It is of particular
( 1 ) OJ C 84, 17.3.2011, p. 45.
importance that the Commission carry out
( 2 ) Position of the European Parliament of 14 December 2011 (not yet
published in the Official Journal) and decision of the Council of
8 March 2012 (not yet published in the Official Journal).
( 4 ) OJ L 109, 6.5.2000, p. 29.
( 3 ) OJ L 10, 12.1.2002, p. 58.
( 5 ) OJ L 404, 30.12.2006, p. 9.
L 115/2
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Official Journal of the European Union
27.4.2012
appropriate consultations during its preparatory work,
(2) Article 2 is deleted;
including at expert level. The Commission, when
preparing and drawing up delegated acts, should ensure
a simultaneous, timely and appropriate transmission of
(3) Article 3 is amended as follows:
relevant documents to the European Parliament and to
the Council.
(a) point 3 is replaced by the following:
(5)
In order to allow Member States to adopt national laws,
regulations and administrative provisions necessary to
‘3. For products manufactured from two or more fruits,
comply with this Directive, a transposition period of
except where lemon and/or lime juice are used
18 months should be established. During that period
under the conditions laid down in point 2 of Part
the requirements of Directive 2001/112/EC, without
II of Annex I, the product name shall be composed
the amendments introduced by this Directive, should
of a list of the fruits used, in descending order of
remain applicable.
the volume of the fruit juices or purées included, as
indicated in the list of ingredients. However, in the
case of products manufactured from three or more
(6) In
order
to
take
into
account
the
interests
of
economic
fruits, the indication of the fruits used may be
operators who place on the market or label their
replaced by the words “several fruits” or a similar
products in accordance with the requirements applicable
wording, or by the number of fruits used.’;
before the application of the national provisions trans
posing this Directive, it is necessary to establish appro
(b) point 4 is deleted;
priate transitional measures. Therefore, this Directive
should provide that those products may continue to be
marketed for a limited time beyond the transposition
(4) Article 4 is replaced by the following:
period.
‘Article 4
(7) Since
the
objective
of
this
Directive,
namely
to
adapt
Directive 2001/112/EC to technical progress whilst
The labelling of concentrated fruit juice referred to in point
taking into account the Codex Standard, cannot be suffi
2 of Part I of Annex I, not intended for delivery to the final
ciently achieved by the Member States and can therefore
consumer, shall bear a reference indicating the presence and
be better achieved at Union level, the Union may adopt
quantity of added lemon juice, lime juice or acidifying
measures, in accordance with the principle of subsidiarity
agents permitted by Regulation (EC) No 1333/2008 of the
as set out in Article 5 of the Treaty on European Union.
European Parliament and of the Council of 16 December
In accordance with the principle of proportionality as set
2008 on food additives (*). This reference shall appear on
out in that Article, this Directive does not go beyond
one of the following:
what is necessary in order to achieve that objective.
— on the packaging,
(8) Directive
2001/112/EC
should
be
amended
accordingly,
— on a label attached to the packaging, or
HAVE ADOPTED THIS DIRECTIVE:
— on an accompanying document.
Article 1
___________
Amendments to Directive 2001/112/EC
(*) OJ L 354, 31.12.2008, p. 16.’;
Directive 2001/112/EC is amended as follows:
(1) in Article 1, the following paragraph is added:
(5) in Article 5, the following paragraph is added:
‘The products defined in Annex I are subject to provisions
‘This Directive shall apply to the products defined in Annex
of Union law applicable to food, such as Regulation (EC)
I which are placed on the market within the Union in
No 178/2002 of the European Parliament and of the
accordance with Regulation (EC) No 178/2002.’;
Council of 28 January 2002 laying down the general prin
ciples and requirements of food law, establishing the
(6) Article 7 is replaced by the following:
European Food Safety Authority and laying down
procedures in matters of food safety
(*), unless this
Directive provides otherwise.
‘Article 7
In order to bring the Annexes to this Directive into line
___________
with developments in relevant international standards and
(*) OJ L 31, 1.2.2002, p. 1.’;
to take into account technical progress, the Commission
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27.4.2012 Official
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shall be empowered to adopt delegated acts in accordance
Article 2
with Article 7a to amend the Annexes to this Directive,
with the exception of Part I of Annex I, and of Annex II.’;
Transposition
1. Member
States
shall
adopt
the
laws,
regulations
and
administrative provisions necessary to comply with this
(7) the following Article is inserted:
Directive before 28 October 2013. They shall forthwith
communicate to the Commission the text of those provisions.
‘Article 7a
1. The
power
to
adopt
delegated
acts
is
conferred
on
the When Member States adopt those provisions, they shall contain
Commission subject to the conditions laid down in this
a reference to this Directive or shall be accompanied by such a
Article.
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
2. The power to adopt delegated acts referred to in
Article 7 shall be conferred on the Commission for a
Member States shall apply those provisions from 28 October
period of five years from 28 October 2013. The
2013.
Commission shall draw up a report in respect of the
delegation of power not later than nine months before
the end of the five-year period. The delegation of power
2. Member
States
shall
communicate
to
the
Commission
the
shall be tacitly extended for periods of an identical
text of the main provisions of national law which they adopt in
duration, unless the European Parliament or the Council
the field covered by this Directive.
opposes such extension not later than three months
before the end of each period.
Article 3
3. The
delegation
of
power
referred
to
in
Article
7
may
Transitional measures
be revoked at any time by the European Parliament or by
1. Products which are placed on the market or labelled
the Council.
before 28 October 2013 in accordance with Directive
2001/112/EC may continue to be marketed until 28 April
2015.
A decision to revoke shall put an end to the delegation of
the power specified in that decision. It shall take effect the
day following the publication of the decision in the Official
2. The
statement
‘from
28
October
2015
no
fruit
juices
Journal of the European Union or at a later date specified
contain added sugars’ may appear on the label in the same
therein. It shall not affect the validity of any delegated
field of vision as the name of products referred to in points
acts already in force.
1 to 4 of Part I of Annex I until 28 October 2016.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
Article 4
shall notify it simultaneously to the European Parliament
and to the Council.
Entry into force
This Directive shall enter into force on the day of its publication
5. A
delegated
act
adopted
pursuant
to
Article
7
shall in the Official Journal of the European Union.
enter into force only if no objection has been expressed
either by the European Parliament or the Council within a
period of two months of notification of that act to the
Article 5
European Parliament and the Council or if before the
Addressees
expiry of that period, the European Parliament and the
Council have both informed the Commission that they
This Directive is addressed to the Member States.
will not object. That period shall be extended by two
months at the initiative of the European Parliament or of
the Council.’;
Done at Strasbourg, 19 April 2012.
(8) Article 8 is deleted.
For the European Parliament
For the Council
(9) the Annexes are replaced by the text set out in the Annex
The President
The President
to this Directive.
M. SCHULZ
M. BDSKOV
L 115/4
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Official Journal of the European Union
27.4.2012
ANNEX
‘ANNEX I
PRODUCT NAMES, DEFINITIONS OF PRODUCTS AND CHARACTERISTICS
I. DEFINITIONS
1. (a) Fruit juice
The fermentable but unfermented product obtained from the edible part of fruit which is sound and ripe, fresh
or preserved by chilling or freezing of one or more kinds mixed together having the characteristic colour,
flavour and taste typical of the juice of the fruit from which it comes.
Flavour, pulp, and cells obtained by suitable physical means from the same species of fruit may be restored to
the juice.
In the case of citrus fruits, the fruit juice must come from the endocarp. Lime juice, however, may be obtained
from the whole fruit.
Where juices are processed from fruits with pips, seeds and peel, parts or components of pips, seeds and peel
shall not be incorporated in the juice. This provision shall not apply to cases where parts or components of
pips, seeds and peel cannot be removed by good manufacturing practices.
The mixing of fruit juice with fruit purée is authorised in the production of the fruit juice.
(b) Fruit juice from concentrate
The product obtained by reconstituting concentrated fruit juice defined in point 2 with potable water that
meets the criteria set out in Council Directive 98/83/EC of 3 November 1998 on the quality of water intended
for human consumption ( 1 ).
The soluble solids content of the finished product shall meet the minimum Brix level for reconstituted juice
specified in Annex V.
If a juice from concentrate is manufactured from a fruit not mentioned in Annex V, the minimum Brix level of
the reconstituted juice shall be the Brix level of the juice as extracted from the fruit used to make the
concentrate.
Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to
the fruit juice from concentrate.
The fruit juice from concentrate is prepared by suitable processes, which maintain the essential physical,
chemical, organoleptical and nutritional characteristics of an average type of juice of the fruit from which it
comes.
The mixing of fruit juice and/or concentrated fruit juice with fruit purée and/or concentrated fruit purée is
authorised in the production of fruit juice from concentrate.
2. Concentrated fruit juice
The product obtained from fruit juice of one or more fruit species by the physical removal of a specific proportion
of the water content. Where the product is intended for direct consumption, the removal shall be at least 50 % of
the water content.
Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the
concentrated fruit juice.
3. Water extracted fruit juice
The product obtained by diffusion with water of:
— pulpy whole fruit whose juice cannot be extracted by any physical means, or
— dehydrated whole fruit.
( 1 ) OJ L 330, 5.12.1998, p. 32.
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4. Dehydrated/powdered fruit juice
The product obtained from fruit juice of one or more fruit species by the physical removal of virtually all the water
content.
5. Fruit nectar
The fermentable but unfermented product which:
— is obtained by adding water with or without the addition of sugars and/or honey to the products defined in
points 1 to 4 to fruit purée and/or to concentrated fruit purée and/or to a mixture of those products, and
— meets the requirements of Annex IV.
Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council of
20 December 2006 on nutrition and health claims made on foods ( 1 ), where fruit nectars are manufactured
without added sugars or with reduced energy value, sugars may be replaced wholly or partially by sweeteners,
in accordance with Regulation (EC) No 1333/2008.
Flavour, pulp and cells obtained by suitable physical means from the same species of fruit may be restored to the
fruit nectar.
II. AUTHORISED INGREDIENTS, TREATMENTS AND SUBSTANCES
1. Composition
The species corresponding to the botanical name in Annex V shall be used in the preparation of fruit juices, fruit
purées and fruit nectars bearing the product name for the applicable fruit or the common name of the product. For
fruit species not included in Annex V, the correct botanical or common name shall apply.
For fruit juice the Brix level shall be the one of the juice as extracted from the fruit and shall not be modified,
except by blending with the juice of the same species of fruit.
The minimum Brix level established in Annex V for reconstituted fruit juice and reconstituted fruit purée is
exclusive of the soluble solids of any added optional ingredients and additives.
2. Authorised ingredients
Only the following ingredients may be added to the products referred to in Part I:
— Vitamins and minerals as authorised in Regulation (EC) No 1925/2006 of the European Parliament and of the
Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to
foods ( 2 );
— Food additives authorised in accordance with Regulation (EC) No 1333/2008;
and in addition:
— For fruit juice, fruit juices from concentrate and concentrated fruit juices: restored flavour, pulp and cells;
— For grape juice: restored salts of tartaric acids;
— For fruit nectars: restored flavour, pulp and cells; sugars and/or honey up to 20 % of the total weight of the
finished products; and/or sweeteners;
A claim stating that sugars have not been added to fruit nectar, and any claim likely to have the same meaning
for the consumer, may only be made where the product does not contain any added mono- or disaccharides or
any other food used for its sweetening properties, including sweeteners as defined in Regulation (EC)
No 1333/2008. If sugars are naturally present in fruit nectar, the following indication should also appear on
the label: “contains naturally occurring sugars”;
( 1 ) OJ L 404, 30.12.2006, p. 9.
( 2 ) OJ L 404, 30.12.2006, p. 26.
L 115/6
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Official Journal of the European Union
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— For products referred to in point (a), the first indent of point (b), point (c), the second indent of point (e) and
point (h) of Annex III: sugars and/or honey;
— For products defined in points 1 to 5 of Part I, in order to regulate acidic taste: lemon and/or lime juice and/or
concentrated lemon and/or lime juice, up to 3 g per litre of juice, expressed as anhydrous citric acid;
— For tomato juice and tomato juice from concentrate: salt, spices and aromatic herbs.
3. Authorised treatments and substances
Only the following treatments may be applied and only the following substances may be added to the products
referred to in Part I:
— Mechanical extraction processes;
— The usual physical processes, including in-line water extraction (diffusion) of the edible part of fruits other than
grapes for the manufacture of concentrated fruit juices, provided that the fruit juices thus obtained comply with
point 1 of Part I;
— For grape juice, where sulphitation with sulphur dioxide of the grapes has been used, desulphitation by physical
means is authorised, provided that the total quantity of SO 2 present in the final product does not exceed
10 mg/l;
— Enzyme preparations: pectinases (for breakdown of pectin), proteinases (for breakdown of proteins) and
amylases (for breakdown of starch) meeting the requirements of Regulation (EC) No 1332/2008 of the
European Parliament and of the Council of 16 December 2008 on food enzymes ( 1 );
— Edible gelatine;
— Tannins;
— Silica sol;
— Charcoal;
— Nitrogen;
— Bentonite as an adsorbent clay;
— Chemically inert filtration aids and precipitation agents (including perlite, washed diatomite, cellulose, insoluble
polyamide, polyvinylpolypyrrolidone, polystyrene), which comply with Regulation (EC) No 1935/2004 of the
European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into
contact with food ( 2 );
— Chemically inert adsorption aids which comply with Regulation (EC) No 1935/2004, and which are used to
reduce the limonoid and naringin content of citrus juice without significantly affecting the limonoid glucosides,
acid, sugars (including oligosaccharides) or mineral content.
( 1 ) OJ L 354, 31.12.2008, p. 7.
( 2 ) OJ L 338, 13.11.2004, p. 4.
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ANNEX II
DEFINITIONS OF RAW MATERIALS
For the purposes of this Directive, the following definitions shall apply:
(1) Fruit
All fruits. For the purposes of this Directive, tomatoes are also considered as fruit.
The fruit shall be sound, appropriately mature, and fresh or preserved by physical means or by treatment(s), including
post-harvest treatments applied in accordance with Union law.
(2) Fruit purée
The fermentable but unfermented product obtained by suitable physical processes such as sieving, grinding, milling
the edible part of whole or peeled fruit without removing the juice.
(3) Concentrated fruit purée
The product obtained from fruit purée by the physical removal of a specific proportion of its water content.
Concentrated fruit purée may have restored flavour which shall be obtained by suitable physical means, as defined in
point 3 of Part II of Annex I and all of which must be recovered from the same species of fruit.
(4) Flavour
Without prejudice to Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December
2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods ( 1 ), flavours for
restoration are obtained during the processing of the fruit by applying suitable physical processes. Those physical
processes may be applied to retain, preserve or stabilise the flavour quality and include in particular squeezing,
extraction, distillation, filtration, adsorption, evaporation, fractionation and concentration.
Flavour is obtained from the edible parts of the fruit; however it could also be cold pressed oil from citrus peel and
compounds from the stones.
(5) Sugars
— sugars as defined by Council Directive 2001/111/EC of 20 December 2001 relating to certain sugars intended for
human consumption ( 2 ),
— fructose syrup,
— sugars derived from fruits.
(6) Honey
The product defined by Council Directive 2001/110/EC of 20 December 2001 relating to honey ( 3 ).
(7) Pulp or cells
The products obtained from the edible parts of fruit of the same species without removing the juice. Furthermore, for
citrus fruit, pulp or cells are the juice sacs obtained from the endocarp.
( 1 ) OJ L 354, 31.12.2008, p. 34.
( 2 ) OJ L 10, 12.1.2002, p. 53.
( 3 ) OJ L 10, 12.1.2002, p. 47.
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ANNEX III
PARTICULAR DESIGNATIONS FOR CERTAIN PRODUCTS LISTED IN ANNEX I
(a) “vruchtendrank”, for fruit nectars;
(b) “Sümost”;
The designation “Sümost” may be used only in conjunction with the product names “Fruchtsaft” or “Fruchtnektar”:
— for fruit nectar obtained exclusively from fruit juices, concentrated fruit juices or a mixture of these products,
unpalatable in the natural state because of their high natural acidity,
— for fruit juice obtained from apples or from pears, with the addition of apples where appropriate, but with no
added sugar;
(c) “succo e polpa” or “sumo e polpa”, for fruit nectars obtained exclusively from fruit purée and/or concentrated fruit
purée;
(d) “blemost”, for apple juice with no added sugar;
(e) — “sur … saft”, together with the name (in Danish) of the fruit used, for juices with no added sugar obtained from
blackcurrants, cherries, redcurrants, whitecurrants, raspberries, strawberries or elderberries,
— “sd … saft” or “sdet … saft” together with the name (in Danish) of the fruit used, for juices obtained from this
fruit, with more than 200 g of added sugar per litre;
(f) “ppelmust/pplemust”, for apple juice with no added sugar;
(g) “mosto”, synonym of grape juice;
(h) “smiltsērku sula ar cukuru” or “astelpaju mahl suhkruga” or “sodzony sok z rokitnika” for juices obtained from
seabuckthorn berries with no more than 140 g of added sugar per litre.
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ANNEX IV
SPECIAL PROVISIONS RELATING TO FRUIT NECTARS
Minimum juice and/or
Fruit nectars made from
purée content (% by
volume of finished
product)
I. Fruits
with
acidic
juice
unpalatable
in
the
natural
state
Passion fruit
25
Quito naranjillos
25
Blackcurrants
25
Whitecurrants
25
Redcurrants
25
Gooseberries
30
Seabuckthorn berries
25
Sloes
30
Plums
30
Quetsches
30
Rowanberries
30
Rose hips
40
Sour cherries
35
Other cherries
40
Bilberries
40
Elderberries
50
Raspberries
40
Apricots
40
Strawberries
40
Mulberries/blackberries
40
Cranberries
30
Quinces
50
Lemons and limes
25
Other fruits belonging to this category 25
II. Low-acid, pulpy or highly flavoured fruits with juice unpalatable in the natural state
Mangoes
25
Bananas
25
Guavas
25
Papayas
25
Lychees
25
Azeroles (Neapolitan medlars) 25
Soursop
25
Bullock’s heart or custard apple 25
Sugar apples
25
Pomegranates
25
Cashew fruits
25
Spanish plums
25
Umbu
25
Other fruits belonging to this category 25
L 115/10
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Minimum juice and/or
Fruit nectars made from
purée content (% by
volume of finished
product)
III. Fruits with juice palatable in the natural state
Apples
50
Pears
50
Peaches
50
Citrus fruits except lemons and limes 50
Pineapples
50
Tomatoes
50
Other fruits belonging to this category 50
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ANNEX V
MINIMUM BRIX LEVELS FOR RECONSTITUTED FRUIT JUICE AND RECONSTITUTED FRUIT PURE
Common Name of the Fruit Botanical
Name Minimum
Brix
levels
Apple (*) Malus
domestica Borkh. 11,2
Apricot (**) Prunus
armeniaca L. 11,2
Banana (**) Musa
x
paradisiaca L. (excluding plantains) 21,0
Blackcurrant (*) Ribes
nigrum L. 11,0
Grape (*) Vitis
vinifera L. or hybrids thereof
15,9
Vitis labrusca L. or hybrids thereof
Grapefruit (*) Citrus
x
paradisi Macfad. 10,0
Guava (**) Psidium
guajava L. 8,5
Lemon (*) Citrus
limon (L.) Burm.f. 8,0
Mango (**) Mangifera
indica L. 13,5
Orange (*) Citrus
sinensis (L.) Osbeck 11,2
Passion Fruit (*) Passiflora
edulis Sims 12,0
Peach (**) Prunus
persica (L.) Batsch var. persica 10,0
Pear (**) Pyrus
communis L. 11,9
Pineapple (*) Ananas
comosus (L.) Merr. 12,8
Raspberry (*) Rubus
idaeus L. 7,0
Sour Cherry (*) Prunus
cerasus L. 13,5
Strawberry (*) Fragaria
x
ananassa Duch. 7,0
Tomato (*) Lycopersicon
esculentum, Mill. 5,0
Mandarin (*) Citrus
reticulata Blanco 11,2
For those products marked with an asterisk (*), which are produced as a juice, a minimum relative density is determined as such in relation
to water at 20/20 °C.
For those products marked with two asterisks (**), which are produced as a purée, only a minimum uncorrected Brix reading (without
correction of acid) is determined.’.
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