,"Malaysia has notified the World Trade Organization (WTO) of extensive proposed amendments to the Food Regulations 1985 [P.U.(A) 437/1985], aimed at modernising standards for cocoa, cocoa products, and chocolate. The notification was circulated in December 2025 under Article 2.9.2 of the WTO TBT Agreement as document G/TBT/N/MYS/131.
Regulatory Authority Agency: Food Safety & Quality Programme (FSQP)
Ministry: Ministry of Health Malaysia
Products Covered: Cocoa beans, cocoa paste, cocoa butter, cocoa powder, chocolate, and cocoa-based preparations
HS Codes: 18.01, 18.03, 18.04, 18.05, 18.06
Scope of Proposed Amendments
The draft regulation proposes amendments to Regulations 274–279, deletion of Regulations 280 and 281, introduction of new Regulations 276A, 279A, and 279B, and insertion of a new Twentieth AA Schedule.
Key Proposed Changes
1. Cocoa Beans and Cocoa Nibs
Regulation 274: Updates the definition of cocoa beans by removing references to fermentation and drying.
Regulation 275: Removes references to “cracked cocoa”
Redefines cocoa nibs as products prepared by removing the shell from cleaned cocoa beans.
2. Cocoa Mass, Cocoa Paste, and Cocoa Liquor
Regulation 276:Removes references to “cocoa slab”
Revises fat content requirements to 47–60% cocoa butter (m/m)
Limits cocoa shell content to ≤1.75% (alkali-free basis)
Allows permitted flavourings, excluding flavours imitating chocolate or milk.
3. Cocoa Cake
New Regulation 276A:Introduces a definition and composition requirements for cocoa cake.
4. Cocoa Butter
Regulation 277:Revises composition limits for free fatty acids and unsaponifiable matter
Deletes existing subregulation on additives.
5. Cocoa Powder
Regulation 278:Updates the definition of cocoa powder.Sets minimum cocoa butter content at 20%, with moisture ≤ 7%
Introduces categories for fat-reduced and highly fat-reduced cocoa powder
Permits flavourings excluding chocolate- or milk-imitating flavours.
6. Chocolate
Regulation 279:Updates the definition of chocolate
Introduces classification of chocolate types under the new Twentieth AA Schedule
Allows limited use of vegetable fats (≤5%) and other foods (≤40%)
Permits added flour and starch only for specific chocolate types (e.g., chocolate a la taza).
7. New Product Categories-New Regulation 279A: Establishes definitions, composition, and labelling requirements for compound chocolate.
New Regulation 279B: Introduces requirements for cocoa or chocolate premixes, including composition, additives, and labelling.
8. Repealed Provisions
Regulations 280 and 281 will be fully deleted following restructuring.
9. New Twentieth AA Schedule
Introduces detailed chocolate classifications and compositional standards aligned with international practices.
Objective and Rationale
The proposed amendments aim to:
Enhance consumer information and labelling clarity
Strengthen food safety and quality standards
Align Malaysia’s cocoa and chocolate regulations with current international benchmarks
Implementation Timeline
Proposed adoption date: To be determined
Stakeholders may submit comments to the Food Safety & Quality Programme, Ministry of Health Malaysia."
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