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Draft ROYAL DECREE APPROVING THE QUALITY STANDARD FOR BREAD (Version 23/05/2018)
MINISTRY OF AGRICULTURE, FISHERIES AND FOOD MINISTRY OF HEALTH, CONSUMER AFFAIRS AND SOCIAL WELFARE REF.: REF.C.M.:

Chapter Item (To be completed in the ‘Official State Gazette’)

Royal Decree /2019 of , approving the quality standard for bread.

Bread and speciality bread products are governed by the harmonised horizontal legislation of the European Union on food, and by Royal Decree 1137/1984 of 28 March 1984 approving the Technical Health Regulations for the manufacture, distribution and sale of bread and speciality bread products. This standard implemented the regulation contained in the Spanish Food Code, approved by Decree 2484/1967 of 21 September 1967 on the above-mentioned products, under chapter XX ‘Flour and its derivatives’, section 4 ‘Bakery products’.

Given the numerous amendments made to the technical health regulations for bread and speciality bread products, and the advances in technology seen within the sector for the manufacture and marketing of these products since Royal Decree 1137/1984 was published, as well as changes in consumer trends, it is recommended that an in-depth review of the aforementioned regulations be carried out. This involves including definitions for new products, e.g. sourdough breads. Despite being made according to customary practices, something which is now important for consumers, these products had neither been defined nor included in said regulations.
Given the numerous amendments made to the technical health regulations for bread and speciality bread products, and the advances in technology seen within the sector for the manufacture and marketing of these products since their publication, as well as changes in consumer trends, it is recommended that an in-depth review of the aforementioned regulations be carried out. This involves including definitions for new products, e.g. sourdough breads. Despite being made according to customary practices, something which is now important for consumers, these products had neither been defined nor included in said regulations.

At the same time, the profound changes in the bread consumption habits of recent decades have also made it necessary to extend the concept of standard bread, since this bread, considered to be the usual daily bread, is no longer limited to that made from wheat flour, but rather includes bread made from flours of other cereals, including wholemeals. In this regard, more nutritionally complete bread is included in the definition of standard bread. In addition, in accordance with the mandate set out in Article 36 of Law 17/2011 of 5 July 2011 on food security and nutrition, to promote healthy eating from all public administrations, a maximum limit on the salt content of standard bread is incorporated into the standard, progressing towards the reduction path that the sector has been carrying out within the framework of the NAOS Strategy (Nutrition, Physical Activity and Prevention of Obesity) of the Spanish Agency for Food Safety and Nutrition.

It has also been deemed necessary to draw up regulations governing artisanal bread-making, defined as a process that involves primarily human over mechanical input, and with production only in small batches.

Given the importance of sales of bread either prepacked or non-prepacked, at the request of the consumer, governed by Royal Decree 126/2015 of 27 February 2015 approving the general standard on food information for non-prepacked food intended for sale to the final consumer and mass caterers, for food packed at points of sale at the request of the buyer and for food packed by owners of retail businesses, several aspects governing the sale of bread at points of sale have been included.
Given the importance of sales of bread either prepacked or non-prepacked, at the request of the consumer, governed by Royal Decree 126/2015 of 27 February 2015 approving the general standard on food information for non-prepacked food intended for sale to the final consumer and mass caterers, for food packed at points of sale at the request of the buyer and for food packed by owners of retail businesses, several aspects governing the sale of bread at points of sale have been included. Furthermore, the names included in this standard shall also be those used for bread marketed in such establishments, pursuant to Article 4 of the above-mentioned Royal Decree.

The fourth final provision of Law 28/2015 of 30 July 2015 on the protection of food quality authorises the government to approve quality standards for food products, with the aim, inter alia, of adapting to the European Union regulation and of simplifying, modernising and enhancing existing standards as well as improving the competitiveness of the sector, including advancements brought about by technological innovation.

For the above reasons, it is advisable to draft a standard repealing Royal Decree 1137/1984 of 23 May 1984 and the content of certain sections of the Spanish Food Code on bakery products.

This would help adapt the legislation on bread and speciality bread products to the current market demands, eliminating restrictions that can place Spanish operators at a disadvantage compared to manufacturers from other Member States; furthermore, for technical reasons, it would be beneficial to eliminate moisture limits since this would allow for the production of a greater variety of breads. This approach ensures fair competition among operators, which in turn helps improve competitiveness within the

sector, thus enhancing innovation and the development of new products, as well as ensuring that consumers are given adequate information to facilitate their choice of purchase.

This royal decree has undergone the procedure under Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and Royal Decree 1337/1999 of 31 July 1999 governing the provision of information in the area of technical rules and regulations and regulations related to Information Society services. It has also undergone the notification procedure provided for in Article 45 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers.

The Autonomous Communities and the entities representing the sectors concerned were consulted during the preparation of this standard, and the Interministerial Commission for Food Regulation (Comisión Interministerial para la Ordenación Alimentaria) issued a favourable report.

By virtue whereof, at the proposal of the Minister for Agriculture and Fisheries, Food and the Environment and the Minister for Health, Social Services and Equality, in accordance with the Council of State and following deliberation by the Council of Ministers at its meeting of ... …
For the above reasons, it is advisable to draft a standard repealing Royal Decree 1137/1984 of 28 March and the content of certain sections of the Spanish Food Code on bakery products.

This would help adapt the legislation on bread and speciality bread products to current market demands, eliminating restrictions that can place Spanish operators at a disadvantage compared to manufacturers from other Member States; furthermore, for technical reasons, it would be beneficial to eliminate moisture limits since this would allow for the production of a greater variety of breads. This approach ensures fair competition among operators, which in turn helps improve competitiveness within the sector, thus enhancing innovation and the development of new products, as well as ensuring that consumers are given adequate information to facilitate their choice of purchase.

This royal decree has undergone the procedure under Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services, and Royal Decree 1337/1999 of 31 July 1999 governing the provision of information in the area of technical rules and regulations and regulations related to Information Society services. It has also undergone the notification procedure provided for in Article 45 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004.

The content of this Royal Decree meets the principles of sound regulation set out in Article 129 of Law 39/2015 of 1 October 2015 on the common administrative procedure in public administrations. Thus, by virtue of the principles of necessity and effectiveness, this rule is justified by the need to establish an adequate organisation of the bread sector, with the repeal of Royal Decree 1137/1984 of 28 March and the adoption of a new quality standard, the most appropriate

way to achieve it. Likewise, the principles of efficiency and proportionality have been taken into account by laying down a regulation and limiting administrative burdens to only those absolutely necessary for achieving the intended purposes. In line with the principle of transparency, as well as the public hearing, the Autonomous Communities were consulted during the processing of this provision, as were the entities representing the sectors concerned and consumers. Finally, the Royal Decree adheres to the principle of legal certainty, maintaining coherence with the rest of the applicable legal system and giving operators the necessary transitional periods to adapt to the standard.

By virtue whereof, at the proposal of the Minister for Agriculture, Fisheries and Food and the Minister for Health, Consumer Affairs and Social Welfare, in accordance with the Council of State and following deliberation by the Council of Ministers at its meeting on 2019,

I HEREBY DECREE THE FOLLOWING:

Article 1. Purpose.

The purpose of this standard is to lay down basic quality standards for the processing and distribution sale of bread and speciality bread products.
Article 1. Purpose.

The purpose of this standard is to lay down basic quality standards for the processing and distribution sale of bread in Spain.

Article 2. Definition of bread.

Bread, without any further description, is the product that results from the baking of dough obtained from a mixture of wheat flour or other cereal, alone or in combination, and water, with or without the addition of salt, fermented with the help of baker's yeast or a starter.
Bread, without any further description, is the product that results from the baking of dough obtained from a mixture of flour and water, with or without the addition of salt, fermented with the help of baker's yeast or a starter.

In addition, the ingredients listed in this standard may be added into the bread dough.

Article 3. Definition of standard bread.

Bread as defined in Article 2, typically consumed within 24 hours after baking, made from wheat flour and to which only those additives and adjuvants authorised for this type of bread can be added.
Bread as defined in the first paragraph of Article 2, typically consumed within 24 hours after baking, made from flour or wholemeal flour of cereals. It may include in its composition cereal bran.

Article 4. Names of standard bread.

Standard bread may be produced under the following names:
The names given to speciality breads may include, but are not limited to, the following:

1. ‘Pan bregado’, ‘pan de miga dura’, ‘pan español’ or ‘pan candeal’ are obtained through a process that requires the use of refining cylinders. This type of bread has white crumbs with small, uniform alveoli.


The traditional varieties produced from this type of dough may be given different names such as baguette, ciabatta and farmhouse loaf, etc.

3. ‘Wholemeal bread’ means bread produced with wholemeal or whole grain flour in accordance with the legislation in force.

a) Breads produced exclusively from wholemeal flour are named ‘pan 100% integral (100 % wholemeal bread) or ‘pan integral’ (wholemeal bread). The name is supplemented with the name of the cereal(s) from which the flour(s) used derives.

b) Bread which is not exclusively produced from wholemeal flour shall include the wording ‘elaborado con harina integral X %’ (made with X% wholemeal flour), where ‘X’ refers to the percentage of wholemeal flour used. This percentage shall be calculated based on the total flour used in production. The name is supplemented with the name of the cereal(s) from which the flour(s) used derives.

c) Wholemeal bread may be produced using whole wheat semolina, whole grain groats or whole grains, which are to be calculated in the percentages referred to in subparagraphs (a) and (b) above.

d) The starter used in the production of ‘pan 100% integral’ (100 % wholemeal bread) shall derive from wholemeal flour. The starter used to produce all other wholemeal bread may derive from non-wholemeal flour, in which case it shall not be taken into account to determine the percentage of wholemeal flour used.

e) The term ‘integral’ (wholegrain) may be used in place of ‘de grano entero’ (wholemeal).

f) The use of the name ‘pan integral’ on the labelling of bread other than that described in subparagraph (a) is prohibited.

4. Bread made from cereal flour: is made from cereal flour other than wheat and, where appropriate, wheat flour.

a) Bread made from flour of other cereals: is bread made exclusively from flour of a cereal other than wheat. They shall be called ‘100 % pan de’ (100% ... bread) or ‘pan de’ (... bread) followed by the name of the cereal.

b) Bread made from two or more cereal flours: is bread made from two or more cereal flours, which may include wheat.

They shall be referred to as ‘pan de’ (... bread) followed by the name of the cereal or cereals which the operator wishes to highlight of those used in the preparation. After the name of each cereal, the percentage that the flour represents of the total flour added to the bread shall be indicated.

Article 5. Definition of speciality bread.

Speciality bread is that not included under the definition of standard bread and which meets any of the following conditions:

1. In terms of composition:

a) A special baking additive or adjuvant authorised for speciality breads has been added either to the dough or the flour.

b) A treated flour, as defined under the existing legislation, has been added.

c) Any ingredient referred to in Article 11(2)(a) has been added.

2. In terms of production:

Its production incorporates a special technological process different from those typically used to make standard bread, such as grating, baking in a mould, in special shapes or with the partial scalding of flour, etc.
a) A treated flour, as defined under the existing legislation, has been added.

b) Any ingredient referred to in Article 11(3) that has been added.

2. In terms of production:

A special technological process different from those typically used to make standard bread has been incorporated into its production, such as grating, baking in a mould, in special shapes or with the partial scalding of flour, etc.

Article 6. Names of speciality breads.

The names given to speciality breads may include, but are not limited to, the following:

‘Wholemeal bread’ means bread produced with wholemeal or whole grain flour in accordance with the legislation in force.

Breads produced exclusively from wholemeal flour are named ‘pan 100% integral (100% wholemeal bread) or ‘pan integral’ (wholemeal bread). The name is supplemented with the name of the cereal(s) or edible seeds from which the flour(s) used derives.

Bread which is not exclusively produced from wholemeal flour shall include the wording ‘elaborado con harina integral X %’ (made with X% wholemeal flour), where ‘X’ refers to the percentage of wholemeal flour used. This percentage shall be calculated based on the total flour used in production. The name is supplemented with the name of the cereal(s) or edible seeds from which the flour(s) used derives.

Wholemeal bread may be produced using whole wheat semolina, whole grain groats or whole grains, which are to be calculated in the percentages referred to in subparagraphs (a) and (b) above.

The starter used in the production of ‘pan 100% integral’ (100% wholemeal bread) shall derive from wholemeal flour. The starter used to produce all other wholemeal bread may derive from non-wholemeal flour, in which case it shall not be taken into account to determine the percentage of wholemeal flour used.

The term ‘integral’ (wholegrain) may be used in place of ‘de grano entero’ (wholemeal).

‘Pan de Viena’ (Vienna bread), ‘pan de nieve’ or ‘pan bombón’ are breads produced from a soft wheat flour dough which, in addition to the basic ingredients, may include one or more of the following: sugars, milk, fats and/or oils.

‘Pan tostado’ is a bread which, after baking, is cut into slices, toasted and packed.

‘Biscote’ means bread which, after baking in covered moulds, is cut into slices, toasted and packed.

‘Colines’, ‘regañás’ or ‘picos’ are narrow pieces of bread that are dry, brittle and crunchy. They are made from a bread dough containing fats or oils, which is typically cut after being rolled, then fermented and baked.
1. Bread made from cereal flour and other flours: is the bread referred to in Article 4.4 to which edible seeds of different plant species have been added which do not belong to the family of grasses or legumes and are not oilseeds, such as amaranth, quinoa, buckwheat or common buckwheat, among others.

They shall be referred to as ‘pan de’ (... bread) followed by the name of the cereals or seeds which the operator wishes to highlight of those used in the preparation. After the name of each cereal or seed, the percentage that the flour represents of the total flour added to the bread shall be indicated.

2. ‘Multigrain bread’ is made with three or more different flours, at least two of which derive from cereals. Each of the three majority flours shall be at least 10 % and cereal flour may not account for less than 30 % of the total flour mixture.

Semolina, groats or whole grains may also be used in its production, and they shall be calculated using the above-mentioned percentages.

This shall be given the name ‘pan multicereal’ (multigrain bread), or it shall include the term ‘multicereal’ (multigrain) in its name.

3. ‘Pan de Viena’ (Vienna bread), ‘pan de nieve’ or ‘pan bombón’ are breads produced from a soft wheat flour dough which, in addition to the basic ingredients, may include one or more of the following: sugars, milk, fats and/or oils.

4. ‘Pan tostado’ is a bread which, after baking, is cut into slices, toasted and packed.

5. ‘Biscote’ means bread which, after baking in covered moulds, is cut into slices, toasted and packed.

6. ‘Colines’, ‘regañás’ or ‘picos’ are narrow pieces of bread that are dry, brittle and crunchy. They are made from a bread dough containing fats or oils, which is typically cut after being rolled, then fermented and baked.

They may come in different shapes and varieties and are given different traditional names.

Bread made from non-wheat flours.

‘Bread made from non-wheat flour’ means bread that is produced entirely from a cereal other than wheat.

It is given the name ‘pan 100% de’ (100% X bread), where ‘X’ is replaced by the name of the cereal.

‘Bread made from wheat flour and other flours’ means bread made from wheat flour with the flour of another cereal or edible seed from different plant species that do not belong to the family of grasses or legumes and are not oleaginous seeds such as amaranth, quinoa or buckwheat.

This type of bread is named ‘pan de’ (X bread), where ‘X’ is replaced by the name of the non-wheat cereal(s) or seeds, used in the following percentages of the overall flour mixture:

1. More than 50 % for spelt, rye, triticale, tritordeum, or

2. 20 % or more for oat, barley, corn, rice, sorghum, teff, quinoa, buckwheat or other flours.

‘Multigrain bread’ is made with three or more different flours, at least two of which derive from cereals. Taking into account the indications in the following paragraph, each of the flours shall be included at a minimum proportion of 10 % and the total flour mixture must contain at least 30 % flours deriving from cereals.

Grains may also be used in the form of semolina, groats or whole grains, and shall be calculated in the same percentages as indicated above.

This shall be given the name ‘pan multicereal’ (multigrain bread), or it shall include the term ‘multicereal’ (multigrain) in its name.

‘Pan de molde’ (tin loaf) means bread that is baked in a tin or mould.

‘Pan rallado’ (breadcrumbs) are a product resulting from the industrial grating of bread. They may not be made using leftover bread obtained from eating establishments.

‘Other speciality bread products’ refers to bread made with special added ingredients, a particular shape or following a special production process, and includes: ‘pan bizcochado’ (biscuit bread), ‘pan dulce’ (sweet bread), ‘pan de frutas’ (fruit bread), ‘palillos’ and ‘bastones’ (bread sticks), ‘pan ácimo’ (flatbread), ‘pan pita’ pita bread, ‘[name of cereal(s)] tortilla’, etc.
7. ‘Pan de molde’ (tin loaf) means bread that is baked in a tin or mould.

8. ‘Pan rallado’ (breadcrumbs) are a product resulting from the industrial grating of bread. They may not be made using leftover bread obtained from eating establishments.

9. ‘Other speciality bread products’ refers to bread made with special added ingredients, a particular shape or following a special production process, and includes: ‘pan bizcochado’ (biscuit bread), ‘pan dulce’ (sweet bread), ‘pan de frutas’ (fruit bread), ‘palillos’ and ‘bastones’ (bread sticks), ‘pan ácimo’ (flatbread), ‘pan pita’ pita bread, ‘[name of cereal(s)] tortilla’, etc.

Article 7. Definition of semi-finished products.


These are classified as follows: