DVAI Statement Vanilla

1. Preliminary Remarks

Requirements for vanilla products with regard to legislation in force in Germany are described below. Attention is drawn to differing interpretations in other countries.

General reference is made to the nature of vanilla products, and particular reference is made to the specific conditions which can play a part for the labelling of vanilla products or foodstuffs flavoured with vanilla. Natural vanilla flavourings are here of particular interest.

The ISO regulation in force (5565-2; 1999) calls for a natural vanillin share in vanilla beans of Vanilla planifolia of between 1,6 % to 2,4 %. However the share can vary temporarily depending on the harvest time and harvest year and on unusual weather influences.

The authenticity of natural vanilla products is determined also by the ratio of specific components1), 2),3),4). These ratios make it possible to obtain a first indication of the authenticity of natural vanilla beans and natural (aqueous-ethanol) vanilla extracts.However the ratios are not appropriate to substantiate a statement on the naturalness of natural vanilla flavourings since the use of natural vanillin of vanilla beans is also possible. Likewise the ratios can not be used for extracts obtained by other procedures (e. g. CO2 extraction).

The present document refers to the following German provisions; the equivalent European provisions are mentioned in brackets:

• Lebensmittel- und Futtermittelgesetzbuch (LFGB) (German Foodstuff and Feedstuff
Code) of 26-04-2006
• Aromenverordnung (AVO) (German Regulation on Flavourings) of 22-12-1981 in its
version in force
• Lebensmittel-Kennzeichnungsverordnung (LMKV) (German Regulation on Labelling of
Foodstuffs) of 15-12-1999 in its version in force
• Technische Hilfsstoff-Verordnung (THV) (German Regulation on Processing Aids) of
08-11-1991 in its version in force

2. Basic Principles

With regard to vanilla flavourings the description „vanilla“ refers only to the specific taste. In some particular cases the term refers also to the flavouring’s origin, namely when natural flavourings are labelled as such, also with addition of the indication “vanilla”.

3. Vanilla Flavour

At the recommended dosage a vanilla flavour has a clearly perceptible vanilla taste.
The flavour components as defined by AVO Annex 1(natural flavouring substances,
nature-identical flavouring substances, artificial flavouring substances, flavouring
preparations (flavouring extracts), process flavourings, smoke flavourings) can be
used to produce a vanilla flavouring.

The labelling of the flavour can refer to vanilla. However this indication requires the obligatory sensoric perceptibility of the vanilla taste irrespective of the active flavour components.

The term “Vanilla-Aroma” / “vanilla flavouring” is a more precise labelling as generally provided by AVO section 4, paragraph 1, No. 1.

According to LMKV section 6, paragraph 5 a foodstuff flavoured with a vanilla flavouring must be labelled in the list of ingredients. Here, the indication “flavouring” may be mentioned without any other taste indications. Alternatively, a more precise designation (“vanilla flavouring”) may also be used.

4. Natural Flavourings

In flavour-giving components natural flavourings may only contain “natural flavourings” (AVO Annex 1, No. 1) and / or “flavouring extracts” (AVO Annex 1, No. 4).

The labelling of these products may contain the term “natural” as provided by AVO section 4 b, paragraph 1.

4.1. Natural Flavouring Type Vanilla / Natural Flavouring with VanillaTaste

With regard to their flavouring components such or similarly designated flavourings comply with the general provisions for natural flavourings. The flavouring components must not necessarily stem “exclusively” or “almost exclusively” from vanilla.

4.2. Natural Vanilla Flavouring

With regard to the labelling of natural flavourings AVO section 4 b, paragraph 2 provides that a reference to the used flavouring source is possible, provided that the flavouring components are produced “exclusively” or “almost exclusively” from this flavouring source.

The generally accepted view is that at least 90 % of the flavouring components’ weight of these “natural vanilla flavourings” are derived from flavouring extracts / natural flavouring substances from vanilla beans. Thus, natural vanillin produced from vanilla beans may be used. The use of natural vanillin obtained from sources other than vanillin in “natural vanilla flavourings” is not customary.

For the purpose of rounding-off (e.g. with rum, plum, caramel extract, butter distillate)a maximum of 10 % of the flavouring components’ weight of these “natural vanilla flavourings” may be flavouring extracts from other flavouring sources and / or natural flavouring substances. Rounding-off is understood to mean a minimal addition of a flavouring substance, not allowing the substance-typical taste to prevail. As a result, “natural vanillin” which is not produced by extraction from the vanilla bean shall not be used.

False pretences claiming a higher quantity of vanilla beans than the actually used quantity are not permissible for reasons of protection against deception (LFGB section 11, paragraph 1, No. 1).

The pictorial representation or illustration of parts of the vanilla plant is customary.

5. Vanilla Extract

The flavouring components of a natural vanilla flavouring designated as “vanilla extract” contain exclusively vanilla bean extracts. In international trade standardised extracts5) are commonly used.

The vanilla extract is obtained by means of suitable extraction solvents in compliance with the THV. The use of adjuncts as solvents or carriers is not customary.

The pictorial representation or illustration of parts of the vanilla plant is customary.

6. Bourbon Vanilla

Bourbon Vanilla is considered to be a designation of specific regions of origin. Thus the source material vanilla must come from the “vanilla islands” region (Madagascar, Comoro islands, La Réunion, Seychelles, Mauritius) and meet the corresponding botanical criteria (Vanilla planifolia Andrews).

The pictorial representation or illustration of parts of the vanilla plant is customary.

6.1. Natural Bourbon Vanilla Flavouring

The flavouring part (flavouring complex) of “natural Bourbon vanilla flavouring” contains a minimum of at least 90 % of the flavouring components’ weight of Bourbon vanilla extract / natural flavouring substances from Bourbon vanilla beans as the respective source. Thus natural vanillin produced from Bourbon vanilla beans may be
used. The use of natural vanillin from sources other than Bourbon vanilla in “natural
Bourbon vanilla flavourings” is not customary.

For rounding-off a maximum of at least 10 % of the flavouring components’ weight of the flavouring components of these “natural Bourbon vanilla flavourings” may be flavouring extracts from other flavouring sources and / or natural flavouring substances. Rounding-off is understood to mean a minimal addition of a flavouring substance not allowing the substance-typical taste to prevail. As a result, “natural vanillin” which is not produced by extraction from the Bourbon vanilla bean shall not be used.

False pretences claiming a higher quantity of vanilla bean than the actually used quantity is not permissible for reasons of protection against deception and misrepresentation of facts(LFGB section 11, paragraph 1, No. 1).

The pictorial representation or illustration of parts of the vanilla plant is customary.

6.2. Bourbon Vanilla Extract

The flavouring components of a flavouring designated as “Bourbon vanilla extract” contain exclusively flavouring extracts from Bourbon vanilla beans.

A Bourbon vanilla extract is produced by means of suitable extraction solvents in compliance with the THV. The use of adjuncts as solvents or carriers is not customary.

The pictorial representation or illustration of parts of the vanilla plant is customary.

7. Vanilla Premix Compositions / Vanille-Zubereitungen

Products labelled as “Vanille-Zubereitungen” (“vanilla premix compositions”) are not considered as flavourings. These products are rather blended ingredients mostly
used to give taste.

Flavourings used for the production of these products shall be labelled. The term “flavouring” or a more precise labelling according to chapters (3) to (6) is possible.
Attention is drawn to LMKV section 6, paragraph 2, No. 6 in connection with paragraph
5.

8. Vanilla Equivalent

The Guidelines for pudding, sweet desserts and similar products in the German Food Code in its version of 26-01-1999 (“LS Pudding” / “Guidelines Pudding”) include a regulation on vanilla6).

These codes provide that products as pudding, vanilla dessert or similarly labelled products shall contain on the basis of 500 ml

• a minimum of 0,4 g of vanilla bean or
• an equivalent of a natural vanilla flavouring must be added (LS Pudding: II.5 and II.6).

Under the above mentioned guidelines the vanilla flavouring used should be a sensorial equivalent to the required quantity of vanilla beans. Equivalence can be determined by sensoric tests and subsequent evaluation based on well recognized statistical methods.

9. Vanilla Sugar / Vanillin Sugar

These products are described by the BLL Guideline (new edition 2007) on vanilla sugar and vanillin sugar.

10. Pictorial Representations or Illustrations

With regard to vanilla flavourings always the question of pictorial representations or illustrations on packages of flavoured foodstuff arises.

There is no general and comprehensive answer to this question. Pictorial representations or illustrations of, for instance, fruits, spices, herbs, vegetables or plants or parts of plants are conceivable on principle, however branch specific practices and the prohibition of deception referred to in the LFGB Article 11, paragraph 1, No. 1 must be taken into account.

The foodstuff manufacturer is responsible for taking the appropriate decision on individual cases.

References:

1) The French “Note d´information” No 2003-61 regarding vanilla products has been published on June 16th, 2003 by the Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes. The new ranges of the ratios for vanilla beans and standards vanilla extracts are:

Vanillin / p-hydroxybenzaldehyde 10 to 20
Vanillin / p-hydroxybenzoic acid 40 to 110
Vanillin / vanillic acid 12 to 29
p-Hydroxybenzoic acid / p-hydroxybenzaldehyde 0.15 to 0.35
Vanillic acid / p-hydroxybenzaldehyde 0.53 to 1.50

2) K. Kempe and M. Kohnen: Deterioration of natural vanilla flavours in dairy products during processing. Adv. Food. Sci. Vol. 21, 48-53 (1999)

3) A. Mosandl and H. Hener: GC/IRMS-Multielementanalyse zur Authentizitätsbewertung von
Vanille(extrakten). Forschungsprojekt AiF-FV 12062 N der Forschungsstelle Universität Frankfurt und dem Verband der Deutschen Essenzenindustrie e.V., Bonn. Projektzeitraum 1999-2001

4) S. Littmann-Nienstedt and D. Ehlers: Verfahren zur Beurteilung von Produkten mit Vanille oder Vanillearomen mit einer modifizierten Verhältniszahl. Deutsche Lebensmittel-Rundschau 101, 182-187 (2005)

5) Vanilla extract is the solution in aqueous ethanol of the sapid and odoriferous principles, extractable from vanilla beans. A standard vanilla extract is obtained from 100 g. of beans with no more than 25 % moisture (or corrected to this moisture content) by extraction with 1 litre of aqueous ethanol.

According to ISO 5565-2 (1999) vanilla pods contain between 1.6 and 2.4 % of vanillin, which results in 0.16 to 0.24 % of vanillin of the beans in the 1-folded vanilla extract.

An x-folded vanilla extract is obtained by essentially the same process, but uses a proportionally higher quantity of beans in the same extraction volume. That extract corresponds to x times 100 grams of beans.

Ref.:
1. FDA, Code of Federal Regulations Title 21, part 169,
Sections 169.3 and 169.175.
2. ISO Standard 5565-2 on Vanilla extracts
3. Note d’ Information no. 2003-61, June 16, 2003 (French DGCCRF)
4. S. Arctander: Perfume and Flavor Materials of Natural Origin,
1960, pages 638 – 647.

6) The German Food Code is a collection of guidelines which describe the manufacturing, nature or other characteristics of foodstuffs relevant for the marketability of foodstuffs (LFGB Article 15). These guidelines are not legal norms but a complement to legal norms. They have the character of objective expert opinions subject to judicial control. The guidelines describe the generally accepted opinion of those involved in food trade, i. e. honest manufacturing and trade practice taking into account the expectations of the average foodstuff consumer concerned.

When a foodstuff check reveals a deviation from the description stipulated in the guidelines, the foodstuff concerned is still marketable provided the deviation is sufficiently labelled as such. Sufficient labelling as stipulated in Section 11, paragraph 2, No. 2 of the LFGB is mainly done by using the required labelling elements such as, for instance, a mention the ingredients list. Where foodstuffs are sold in bulk the need of sufficient labelling is met by providing appropriate information (Federal Ministry for Consumer Protection, Food and Agriculture: Notice on how to apply the guidelines of the German Food Code).

Status: 21.11.2007

last update: 01.04.2008