Regulation establishes that packaging of products, both national and imported, inform the total percentage of cocoa
The President of the Republic, Luiz Inácio Lula da Silva, sanctioned law 15.404/2026 which defines the mandatory minimum percentages of cocoa in chocolates. The measure appears in the Official Gazette of the Union (DOU) this Monday (11). The law had previously been approved by the Senate on April 15. The rules will come into force 360 days after the law is published.
The law establishes that packaging of products, both national and imported, must inform the total percentage of cocoa.
The regulations also differentiate cocoa mass, paste or liquor from cocoa butter and total cocoa solids (cocoa butter, cocoa mass and cocoa powder).
The regulations do not distinguish between dark and semi-sweet chocolate.
The mandatory minimum percentages of cocoa in products were established at:
- Cocoa powder: minimum of 10% cocoa butter, in relation to dry matter, and a maximum of 9% moisture;
- Soluble cocoa: product obtained from cocoa powder added with ingredients for solubility;
- Chocolate powder: minimum 32% total cocoa solids;
- Milk chocolate: at least 25% total cocoa solids and 14% total solids from milk or derivatives;
- White chocolate: minimum 20% cocoa butter and 14% total milk solids;
- Chocolate: 35% total cocoa solids, of which at least 18% must be cocoa butter and 14% fat-free, with a limit of 5% for other authorized vegetable fats;
- Sweet chocolate: 25% total cocoa solids, of which at least 18% is cocoa butter and 12% is fat-free;
- Chocolate, fantasy chocolate, compound chocolate, chocolate-flavored topping or white chocolate-flavored topping: minimum of 15% cocoa solids or 15% cocoa butter;
- Chocolate candy or filled chocolate: product composed of a filling of edible substances and a chocolate coating.
Technical criteria
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The technical criteria for indicating the percentage of cocoa will be established in an act of the Executive Branch, within the limits and requirements established by law.
Companies that fail to comply with the rules will be subject to the sanctions provided for in the Consumer Protection Code and health legislation, the new legislation provides.