1 
 1. ------IND- 2011 0546 CZ- EN- ------ 20111104 --- --- PROJET 
 
Draft 
REGULATION  
of …………….. 2012, 
  
amending Regulation No 333/1997 Coll., which im plements Section 18(a) , d), h), i), j) and 
k) of Act No 110/1997 Coll. on food and tobacco products and on amendments to certain 
related acts in respect of milled cereal produc ts, pasta, bakery products and confectionery 
products, and doughs, as amended 
 
 Pursuant to Section 18(1)(a),  b), g) and h) of Act No 110/ 1997 Coll. on food and tobacco 
products and on amendments to certain rela ted acts, as amended by Act No 119/2000 Coll., 
Act No 306/2000 Coll., Act No 146/2002 Coll., Act No 274/2003 Coll., Act No 316/2004 
Coll. and Act No 120/2008 Coll., the Mini stry of Agriculture lays down: 
 
Article I 
 
 This Regulation was notified in accordance with Directive 98/34/EC of the European 
Parliament and of the Council of 22 June 199 8 laying down a procedure for the provision of 
information in the field of technical standard s and regulations and of rules on Information 
Society services, as amended by Directive 98/48/EC.  
Article II 
 
 Regulation No 333/1997 Coll., which implements Section 18(a), d), h), i), j) and k) of 
Act No 110/1997 Coll. on food and tobacco produc ts and on amendments to certain related 
acts in respect of milled cereal products, pasta,  bakery products and confectionery products, 
and doughs, as amended by Regulation No 93/2000 Coll. and Regulation No 268/2006 Coll., is amended thus:   
1. In the title and the introductory sentence, th e words ‘Section 18(a), d), h), i), j) and k)’ 
are replaced by the words ‘Secti on 18(1)(a), b), g) and h)’. 
  
2. In Section 1(a), the words ‘cereal, buckwheat and rice’ are replaced by the words ‘one 
or more botanical species of cereal, buckwheat or rice’. 
 
   
3. In Section 1(b), the word ‘cereal’ is repl aced by the words ‘cereal grains, buckwheat 
and rice’.  
 
4. In Section 1(c), the word ‘cereal’ is replaced by the words ‘cereal grains’.   
2 
  
 
5. In Section 1(g), after the word ‘cereal’,  the words ‘and buckwheat’ are inserted. 
  
6. In Section 5, the words ‘in areas’ are repl aced by the words ‘in ventilated areas’. 
 
 
7. In Section 6(c), the words ‘and not more than 30’ are deleted. 
  
8. Footnote 1, including the referen ce to footnote 1, is deleted. 
    
9. In Section 6(g), the words ‘wholegrain wheat flour’ are replaced by the words 
‘wholegrain flour from one or more t ypes of cereal, buckwheat or rice’. 
  
10. In Section 10(1), the words ‘in areas’ ar e replaced by the words ‘in ventilated areas’. 
 
 
11. In Section 10(2), the number ‘5’ is replaced by the number ‘8’.  
 
 
12. In Section 10, the following words are added to  the end of the text of paragraph 2: ‘, 
unless the manufacturer specifies other storage conditions’.  
 
13. In Section 11, subparagraph b) reads: 
‘b) ‘bread’ means a bakery produc t leavened by yeast, in the shape of a roll, a loaf or a 
mould, except for non-traditional types of  bread, weighing at least 400 g, except for 
sliced bread and non-traditional types of bread.’. 
 
 
14. In Section 11(c), after the word ‘flour’, the words ‘or other milled cereal products’ are 
inserted. 
 
 
15. In Section 11(d), after the word  ‘preserve,’ the words ‘fruit  spread, fillings that are 
microbially stable under normal stor age conditions,’ are inserted.  
  
16. In Section 11, at the end of the text of s ubparagraph k), the words ‘of the total weight 
of the milled cereal products used’ are added. 
 
17. In Section 11, subparagraph l) reads: 
‘l) ‘special type’ means a bread or bakery product that contains, in addition to mill 
products from wheat and rye, other ingredients, especially  cereals, oilseeds, pulses,   
3 
 fibre, dry shell crops, vegeta bles, dairy products or pota toes, in a quantity of not 
less than 10  % of the total weight of the mill pr oducts used, or a non-traditional type 
of bread type of the type pitta bread, Arab ic bread or similar types of flat bread 
weighing less than 400 g, containing at least 50  % milled products and generally 
leavened by yeast,’. 
 
 
18. After Section 11, a new Section 11a is inserted, which reads: 
 
‘Section 11a 
     For the purposes of this Act, 
a) ‘extruded product’ means a product made from milled cereal products using extrusion 
technologies through the agency of  pressure and temperature, 
b) ‘puffed product’ means a product made fr om ground, dampened cereal grains of one 
or more botanical species of cereal, rice or buckwheat in an expansion mould and 
cooked in a baking device through the agen cy of pressure and temperature, 
c) ‘matzo’ means a crispy, unleavened product of  round or rectangular shape made from 
an unleavened dough of water and wheat flour, and heat treated, 
d) ‘knäckebrot’ means a product of crispy consistency made from milled cereal products and other ingredients, normally in the shap e of a rectangle, and made using heat 
treatment, 
e) ‘fresh bread’ means an unpackaged bread, th e whole technological  production process 
of which, from dough preparation to baking or similar heat treatment, including 
putting into circulation, is not interrupted by freezing or other technological treatment to extend its shelf-life, and which is offered for sale to the consumer not later than 24 
hours after baking or sim ilar heat treatment,  
f) ‘fresh bakery ware’ means an unpackaged  bakery ware, the whole technological 
production process of which, from dough prep aration to baking or similar heat 
treatment, including putting in to circulation, is not inte rrupted by freezing or other 
technological treatment intende d to extend its shelf-life, a nd which is offered for sale 
to the consumer not later than 24 hours after baking or similar heat treatment, 
g) ‘fresh patisserie ware’ means unpackaged patisserie ware, the whole technological 
production process of which, from dough prep aration to baking or similar heat 
treatment, including putting in to circulation, is not inte rrupted by freezing or other 
technological treatment intende d to extend its shelf-life, a nd which is offered for sale 
to the consumer not later than 24 hours after baking or similar heat treatment.’. 
  
19. In Section 13, at the end of subparagraph i), the full stop is replaced by a comma and 
subparagraphs j) to m) are added, which read: 
‘j) a packaged bakery product that is frozen  in its finished stat e and offered to the 
consumer in a defrosted state shall be in dicated by the designation ‘defrosted’ in the 
vicinity of the product name, 
 k) in the case of an unpackaged bakery product that is frozen in its finished state and 
offered to the consumer in a defrosted state,  the designation ‘defrosted’ shall be visibly 
located at the place where the product is o ffered directly to the consumer for sale, 
 l)  a packaged bakery product that is co mpleted from frozen semi-finished products shall 
be indicated by the designation ‘from frozen semi-finished pr oducts’ in the vicinity of 
the product name, 
 m) in the case of an unpackaged bakery pr oduct that is completed from frozen semi-
finished products, the designation ‘from fr ozen semi-finished products’ shall be   
4 
 visibly located at the place where the product is offered directly to the consumer for 
sale.’. 
 
 
20. In Section 16, at the end of the text in s ubparagraph a), the words ‘ , or products based 
on a solid mass formed by gelling agents without baking and finished in particular using fillings, icings or pieces of fruit,’ are added.   
21. In Section 16(j), the words ‘characteristic la yering prepared without  the use of raising 
agents’ are replaced by the words ‘high fat co ntent prepared without  the use of raising 
agents and formed of individual laye rs of water dough and fat that shows a 
characteristic layering after heat treatment’.    
22. In Section 16, at the end of subparagraph j), the full stop is replaced by a comma, and 
a subparagraph k) is added, which reads: 
‘k) ‘raised puff or filo dough’ means dough w ith a high fat content prepared using 
raising agents and formed of individual la yers of raised dough and fat that shows a 
characteristic layering after heat treatment.’.   
23. In Section 18, at the end of subparagraph g), the full stop is re placed by a comma, and 
subparagraphs h) and i) are added, which read:   
‘h) a packaged confectionery pr oduct that is frozen in its fi nished state and offered to 
the consumer in a defrosted state shall be indicated by the designation ‘defrosted’ in 
the vicinity of the product name’, 
i) in the case of an unpackaged confectionery product that is frozen in its finished state 
and offered to the consumer in a defrosted state, the designation ‘defrosted’ shall be 
visibly located at the place where the product is offered directly to the consumer for 
sale.’. 
  
24. In Section 19(1), after the word ‘confectione ry’, the words ‘products and’ are inserted. 
  
25. Section 21, including the title, reads: 
  
‘Section 21 
Putting into circulation 
       (1) Confectionery products shall be put in to circulation at a temperature of not more than 
8°C, except for the products referred to in paragraph 2. 
            (2) Packaged confectione ry products that are microbiologically, physically and chemically 
stable at temperatures above 8°C due to the us e of ingredients of a more durable nature or 
technological treatment to extend their shelf-life shall be put into  circulation at the temperatures 
declared by the producer.             (3) Doughs shall be put into circulati on at a temperature of not more than 10°C.’.    
5 
  
 
26. In Annex 2, Table 2 reads: 
 
     ‘Table 2 Sensory requirements for flour quality 
Name of flour 
 Colour Smell and taste 
wheat  white with a yellowish tint  pleasant, characteristic of flour from the given cereal, free from foreign odours and flavours 
wheat bread white with a yellow-grey or 
greyish tint   
wheat wholegrain brownish, reddish or dark red 
tint  
light rye (superfine)  white  
dark rye (bread)  grey-white with a green-blue tint  
                                                                                                                                   ‘.    
 
27. Annex 6 reads: 
   
6 
 ‘Annex 6 to Regulation No 333/1997 Coll. 
 
Sensory, physical and chemical requirements for pasta quality 
 
Table 1 Sensory requirements  
Appearance and shape Corresponding to the market type, consumer packaging does not 
contain an admixture of more th an 1% of other pasta shapes. 
Surface smooth, compact, free from  cracks. For rolled pasta and 
pasta where most of the surface is  composed of cuts (e.g. ‘little 
stars’), the surface may be slightly rough and floury. The 
proportion of fragments may be a maximum of 10%. If the 
conditions stated in the instructi ons are adhered to, the pasta will 
not overcook, is not sticky, and retains its shape after cooking. 
 
Colour Light, uniform in various shades of yellow, in the case of egg pasta 
corresponding to the number of e ggs used, in the case of semolina 
pasta amber or various darker shades  of yellow, in the case of other 
pasta types corresponding to th e ingredients, additives or 
flavourings used.   
Smell and taste after cooking   Pleasant, pasta-like, corresponding to the ingredients used.  
  Table 2 Physical and chemical requirements  
 
 Pasta minimum  maximum  
 
Wetness  
- dried 
- not dried 
- frozen 
- vacuum packed or in 
an inert atmosphere 
  
- 
20 % 
20 % 
20 %  
13 % 
- 
38 % 
38 % 
                       ’.                 
28. Annexes 8 and 9 read: 
   
7 
 ‘Annex 8 to Regulation No 333/1997 Coll. 
 
 
Classification of bakery products into types and groups 
 
 
Type Group 
 
                               
 
bread/fresh bread  wheat 
rye 
rye-wheat wheat-rye 
wholegrain 
multigrain 
special 
 
 
bakery ware/fresh bakery ware  wheat 
rye 
rye-wheat wheat-rye 
wholegrain 
multigrain 
special 
 
 
patisserie ware/fresh patisserie ware  
  
                      
long-life bakery ware biscuits from whipped substances 
wafers 
gingerbread 
rusks 
pretzels 
long-life sticks 
knäckebrot 
cracker bread 
extruded products 
puffed products 
matzos 
sponges 
 
                
    
8 
 Annex 9 to Regulation No 333/1997 Coll. 
 
Requirements for the quality of bakery products 
 
 
 Appearance and shape Crust, surface Crumb Smell and taste 
bread/fresh bread  regular form, 
arched clean gold-brown colour without clearly exposed 
crumb 
  well-baked, porous, elastic, homogeneous 
 bread-like, pleasant 
bakery ware/ 
fresh bakery ware  regular form, arched gold-brown colour, clean, crisp, without clearly exposed crumb   well-baked, porous, elastic, homogeneous  bakery ware-like, pleasant   
patisserie ware/ fresh patisserie ware from yeast dough   regular form, arched or filled characteristic colours, without clearly exposed crumb well-baked, porous, soft, elastic delicate, bakery ware-like, with flavour of added ingredients 
patisserie ware/ fresh patisserie ware from filo and puff dough regular form, arched characteristic colours, without clearly exposed crumb (except for slices), typical crusty surface baked with visible layers, in raised dough cavities are not signs of flaws, in filled products filling is visible in slices  bakery ware-like, pleasant with flavour of added ingredients, free from foreign odours and flavours 
patisserie ware/patisserie ware from other doughs  regular form characteristic 
colours, without clearly exposed crumb (except for slices), possibly with icing or glaze  well baked pleasant, bakery ware-like, corresponding to ingredients used 
long-life bakery wear except biscuits, wafers and gingerbreads  typical colour  crispy, in 
laminated products layered when broken  pleasant, according to ingredients 
biscuits regular, 
according to mould  light brown crispy delicate 
wafers  according to mould crispy, imprint from mould crispy pleasant, according 
to ingredients   
9 
  
gingerbreads 
  according to mould solid, clean soft according to 
ingredients 
extruded products  regular, according to mould used characteristic, corresponding to ingredients used crispy, porous bakery ware-like, 
pleasant with flavour of added ingredients, free from foreign odours and flavours  
puffed products  regular, 
according to mould used characteristic, corresponding to ingredients used crispy, formed of individual puffed grains bakery ware-like, pleasant with flavour of added ingredients, free from foreign odours and flavours  
                       ‘. 
 
 
29. Annex 12 reads:  
‘Annex 12 to Regulation No 333/1997 Coll. 
  
Requirements for the quality of conf ectionery products and fillings 
  (1) Fillings must have a uniform  colour, solid constituents must be evenly dispersed throughout 
the volume of cream.  (2) The smell and taste of the filling and surface decoration must be pleasant, according to the 
ingredients used, and free from foreign odours and fl avours; the taste must not be sour or bitter 
if sourness or bitterness is not a characteristic of the filling.  (4) A bakery product that is the basis or a constituent of a conf ectionery product must be well 
baked, must not be burnt, and its smell and taste must be pleasant, corres ponding to its type and 
the ingredients used.’ 
 
 
Article III 
Transitional provisions 
 
Food produced and labelled before the entry into  force of this Regul ation that does not 
satisfy the requirements laid down in this Regulation shall be assessed according to the existing legal regulations and may be put into circulation for a period of nine mont hs after the entry into 
force of this Regulation.   
   
10 
  
 
     
Article IV 
 
Entry into force 
 
This Regulation shall enter into force on th e first day of the fourth calendar month 
following the day of its promulgation.        
Minister: