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LEGAL FRAMEWORK

The PASTELERIA ESPAÑOLA company is in charge of making varieties of snacks for any
type of festivities and at the same time you can taste their cakes accompanied by a
tasty drink. This company has been dedicated to carrying out its economic activities for
a long time. This company is located in the city of Manta on Av.3 by the Balandra Hotel
in this city. It is a private entity, its economic activity is the sale of varieties of snacks
and cakes, and its creation itself.
In the company PASTELERIA ESPAÑOLA it has legal documentation which makes the
private company generally comply with the procedures of:

 Internal Revenue Service (SRI)


 Super company administration (SUPERCIAS)
 International Organization Systems Standards (ISO)
 Ministry of Labor Relations (MRL)
 National agency for health regulation, control and surveillance
This company has the areas of administration, human resources control of goods and
inventories, pastry chefs and kitchen workers.
The mission of the PASTELERIA ESPAÑOLA company is to increase the quality of
services it provides to customers who need to taste a supply of dessert to satisfy their
needs.
The PASTELERIA ESPAÑOLA company manages websites to publicize each and every
one of its services such as: Facebook, Instagram, Google Maps. Each of these websites
are controlled by the staff since this way more customers can taste the delicacies that
are in this pastry shop.
These are some obligations that companies must comply with when manufacturing
and selling their products.
PRELIMINARY TITLE.- SCOPE OF APPLICATION
Article 1. Scope.-The purpose of this Regulation is to define for legal purposes what is
meant by confectionery, pastry, pastry and confectionery products and to establish
mandatory standards for preparation, manufacturing, marketing and, in general, the
organization legal of such products. It shall also apply to imported products. This
Regulation obliges manufacturers, processors, traders and importers of confectionery,
pastry, pastry and pastry products. Manufacturers and processors of confectionery,
pastries, pastries and pastries will be considered those persons, natural or legal, who,
using the authorizations granted by the competent official bodies, dedicate their
activity to the production of the products defined in articles 2 and 4.

TITLE I.-DEFINITIONS AND TYPES OF PRODUCTS.


Article 2. Confectionery products.-For the purposes of this Regulation, confectionery
products will be considered those preparations whose fundamental ingredient is sugar
or edible sugars, along with another series of authorized foodstuffs or foodstuffs.
When industrialists or confectioners, pastry chefs, pastry chefs and confectioners
produce products that are subject to the Technical-Sanitary Regulations for Nougat
and Mazapanes, approved by Decree 2182/1975, of September 12 (RCL 1975\1827 and
NDL 29811 note); of Candies and Chewing Gum and Other Confectionery Products,
approved by Decree 2179/1975, of September 12 (RCL 1975\1824 and NDL 8506 note);
of Cocoa, Chocolate, Derived Products and Chocolate Substitutes, approved by Decree
3610/1975, of December 5 (RCL 1976\97 and NDL 8507 note), and other related ones,
must observe the standards that said Regulations determine, in what It affects the
composition, quality, authorized and prohibited operations. When these products are
manufactured to be sold wholesale to third parties, the manufacturer or processor
must comply with the Industry Health Registration requirement corresponding to
those Regulations.

Article 3. Pastry products.- Pastry products will be considered those food preparations
basically made with fermented, cooked or fried edible flour dough, to which other
foods, bread supplements and/or authorized additives have been added or not. A)
Ordinary pastries: Ordinary pastries will be considered products, pieces of different
shapes and sizes whose preparation does not involve any type of filling or garnish. B)
Stuffed or garnished pastries: Stuffed or garnished pastries will be considered to be
pieces of different shape, size, composition and finish filled or garnished before or
after cooking or frying, with different kinds of fruit or sweet or savory preparations
(creams, fillings of all kinds, confectionery products, chocolate, pickles, charcuterie,
culinary preparations, etc.).

Article 4. Pastry and confectionery products.-These are those prepared, fermented or


not, of various shapes, sizes and compositions, mainly composed of flours, starches,
sugars, edible fats and other food and nutritional products as complementary
substances. Among pastry and pastry products, two variants can be distinguished:
pastry and sweet pastries and pastries and savory pastries. In sweet and savory
pastries and pastries, five basic masses will be distinguished. Puff pastry: Dough
worked with butter and baked in the oven, which produces thin overlapping sheets. Its
ingredients are: flour, edible fat, oil, salt and water. With this dough, cakes, cokes,
cream bands, fruit bands, casseroles, large besamela, millefeuille, palm trees, stuffed,
Russian, Alfonsino and sweet and savory pastas, joints, horns, tortillas, ribbons,
duchesses, apple pie are made. , hair tongues, clubs, leaves, etc. Sugary doughs: These
are those composed mainly of flour, oil, other fats and edible sugars. With the sugary
masses, dry or tea pasta, cazuelitas, sable pasta, brisa pasta, burnt pasta, flora pasta,
cakes, mantecados, pollorones, besitos, cigarettes, tiles, cat's tongues, duck bills,
cigarettes, carquiñoles, are made. relaxes, margaritas, pets, chips, Santa Clara donuts,
etc. Scalded doughs: Those materials based on flour, salt, water, milk, edible fats or
natural alcohols with characteristics established in Annex XIII of the Vineyard, Wine
and Alcohol Statute (RCL 1970\2009; RCL 1973\857 and NDL 30581), which, pre-
cooked over a fire, then undergo subsequent cooking or frying. With these masses,
lightnings, lyonises, palos, lady's bites, stuffed roscos, delicate donuts, coffee makers,
chocolates, small-cream, etc. are made. Whipped doughs: Whipped doughs are
considered to be those that, having undergone this technical process, result in large
volume, tender and soft doughs. These are mainly composed of eggs, sugars and flours
and/or starches. They are used to make sponge cakes, melindros, soletillas, rosquillas,
mantecadas, muffins, fruit cakes, genovesas, toasted plates, desserts, meringues,
gypsy arms, Vergara sponge cakes, drunken sponge cakes, Vienna sponge cakes,
Alcázar cakes, cappuccinos, piropos, palmillas, bulgaros, tortilla, biscuits, etc. Pastry
doughs: These are those made from the previous ones, prepared with filling or garnish
of other products (cream, fruits, chocolate, etc.); They are prepared in diverse and
unitary shapes of various sizes. This group also includes heavenly bacon, almonds,
yolks, marzipan masses, Soto marzipan, Maza pañillos, nougats, cocadas, guirlache,
imperial cakes, panellets, alfajores, candies, anise, dragees, pastilles, candies, syrups ,
candied fruits, jams, fruit jellies, pralines, truffles, decorative figures and motifs, spun
eggs, etc. The lists of names included in this article and the following one are not
limiting.

Article 5. Other preparations.-The workshops may simultaneously carry out the main
preparations defined in articles 2 to 4. With other complementary dishes such as
empanadas, sandwiches, canapés and frozen cakes.
TITLE II.-CONDITIONS OF THE INDUSTRIES, OF THE PRODUCERS, OF THE MATERIALS
AND OF THE PERSONNEL
Article 6. Industrial requirements.-Industries or producers of confectionery, pastry,
pastry and confectionery products must comply with the following requirements:
1. All premises intended for the production, packaging and, in general, handling of
raw materials, intermediate or final products will be duly isolated from any
others unrelated to their specific tasks.
2. The current Regulations on pressure vessels, electrotechnical for high and low
voltage and, in general, any other industrial and occupational hygiene
regulations that correspond to their nature or purpose will apply to them.
3. The containers, machines and utensils intended to be in contact with the
processed products, with their raw materials or with intermediate products,
will be made of materials that do not alter the characteristics of their content
or that of themselves.
4. The confectionery, pastry, pastry and pastry workshops must have a surface
suitable for the preparation, variety, handling and manufacturing volume of the
products, with a location isolated from the services, offices, changing rooms,
toilets and warehouses.
5. The water used in the manufacturing and cleaning process will be potable from
a physical, chemical and microbiological point of view.
6. Industries, manufacturing establishments and warehouses of confectionery,
pastry, pastries and pastries will have refrigeration facilities for those products
that require cold conservation, with capacity always in accordance with their
production and sales volume.
7. The oven used in cooking the dough may be heated by solid, liquid or gaseous
fuel, or by electric heating. When solid fuels are used and the cooking masses
are in contact with the fumes or gases released from their combustion, these
must be of such a nature that they cannot cause any harmful contamination of
the processed products. In this type of oven, it is prohibited to use wood that
gives off an unpleasant odor or taste, reeds, corn chips or other solid materials
that can deposit soot on the cooking dough, as well as waste materials that can
release toxic substances during combustion. When liquid or gaseous fuels are
used to heat the oven, the cooking masses may not, under any circumstances,
come into contact with the fumes and combustion gases. Whether solid, liquid
or gaseous fuels are used, the smoke and combustion gas evacuation
installation will comply with the regulatory conditions on air pollution. The
storage of solid fuels must be perfectly isolated from the product processing
and storage areas.
Article 7. Hygienic-sanitary requirements.-In general terms, the industries
manufacturing and processing confectionery, pastry, pastry and confectionery
products must meet the following minimum conditions:
1. The manufacturing or storage premises and their annexes, in any case, must be
suitable for the use for which they are intended, with easy and wide access,
located at a convenient distance from any cause of dirt, pollution or
unhealthiness and strictly separated from homes or premises where any type
of personnel spends the night or eats their meals.
2. In its construction or repair, truly suitable materials will be used and in no case
likely to cause poisoning or contamination. The floors will be waterproof,
resistant, washable and fireproof, providing them with the necessary drainage
systems. The walls and ceilings will be built with materials that allow them to
be preserved in perfect conditions by cleaning, whitewashing or painting.
3. Ventilation and lighting, natural or artificial, will be regulatory and, in any case,
appropriate to the destination, capacity and volume of the premises.
4. They will have sufficient running water at all times for the production, handling
and preparation of their products and for the cleaning and washing of
premises, facilities and industrial elements, as well as for the personal hygiene.
5. They must have toilets with attached sinks and changing rooms in number and
characteristics according to what the health authorities provide in each case. In
the workshop there will be non-manual operation sinks, in the necessary
number, with liquid soap and single-use towels.
6. All premises must be constantly maintained in a state of great neatness and
cleanliness, which must be carried out by the most appropriate methods to
avoid raising dust or causing alterations or contamination.
7. All machines and other elements that are in contact with raw or auxiliary
materials, articles in progress, processed products and packaging will have
characteristics such that they cannot transmit harmful properties to the
product and cause chemical reactions in contact with it. The same precautions
will be taken regarding containers, transport elements, temporary packaging
and storage premises. All these elements will be built in such a way that they
can be maintained in perfect conditions of hygiene and cleanliness.
8. They will have services, defenses, tools and facilities, appropriate in their
construction and location to guarantee the conservation of their products in
optimal conditions of hygiene and cleanliness and their non-contamination due
to proximity or contact with any type of waste or wastewater, fumes, dirt and
foreign matter, as well as the presence of insects, rodents, birds and other
animals.
9. They must be able to maintain adequate temperatures, relative humidity and
convenient air circulation, so that the products do not suffer alteration or
change in their initial characteristics. They must also allow the protection of the
products against the direct action of sunlight, when this is harmful.
10. They will allow stock rotation and periodic removals depending on the storage
time and conservation conditions required by each product.
11. Any other technical, sanitary, hygienic and labor conditions established or
established, in their respective powers, by the Public Administration Bodies and
the Group itself.
Article 8. General conditions of materials.-In confectionery, pastry, pastry and pastry
factories or workshops, the use of wood in tables, trays and shelves is excluded.
However, this material will be tolerated on the surface of tables for preparing
fermented doughs. All material that comes into contact with confectionery, pastry and
pastry products, at any time during their production, distribution and consumption,
will maintain the following conditions, in addition to those others that are specifically
indicated in these Regulations.
1. It will be manufactured with suitable and/or authorized raw materials, where
appropriate, for the purpose for which they are intended.
2. It will not release polluting toxic substances and, in general, foreign to the
normal composition of the products covered by this Regulation or that, even if
not, exceed the authorized content therein.
3. It will not alter the compositional characteristics or organoleptic characteristics
of confectionery, pastry, pastry and pastry products.
Article 9. Conditions of personnel.-Personnel who work in manufacturing, processing
and/or packaging tasks of the products covered by these Regulations will wear
appropriate light-colored clothing, exclusive for work. You must wear head coverings
or hairnets, if applicable. The hygiene of all handling personnel will be extreme and will
necessarily comply with the general requirements, health status control and those
others specified in the Spanish Food Code in its arts. 2.08.04, 2.08.05 and 2.08.06. Any
producer suffering from any ailment, illness or disease is obliged to inform the
Company's management of the fact, who, after obtaining medical advice, will
determine whether or not his continuation in that job is appropriate, if this would
involve contagion for him. the product manufactured or stored, reporting the fact to
the National Health Services.

TITLE III.-HEALTH REGISTRY


Article 10. Identification of the industry.-Without prejudice to the competent industrial
legislation, industrialists or processors who manufacture or import confectionery,
pastry, pastry and pastry products must register with the corresponding services of the
Undersecretary of Health, of the Ministry of Health. Health and Social Security, in
accordance with the provisions of Decree 797/1975, of March 21 (RCL 1975\792, 1061
and NDL 24816 note), and provisions that complement or develop it.

TITLE IV.-CHARACTERISTICS OF THE PRODUCTS REGULATED BY THIS REGULATION.-


MANIPULATIONS ALLOWED AND PROHIBITIONS
Article 11. General conditions.-Confectionery, pastry, pastries and pastries must meet
the following general conditions:
a) Be in perfect consumer condition.
b) Come from raw materials that are not altered, adulterated or contaminated.
c) Be free of foreign matter, pathogenic germs, their toxins or other microbes
that, due to their number or specificity, may cause alterations to the consumer.
d) Due to their perishable nature, they will be duly protected from adverse
environmental conditions, insects or other animals that may carry
contamination.
e) They will be placed in trays, boxes, containers or wrappers in appropriate
technical conditions, with materials that resist processing and cleaning
treatments.
Article 12. Specific conditions.-
a) The use of ingredients in the production of confectionery, pastry, cakes and
pastries and other complementary preparations is so varied that clear
specifications cannot be established and the products must conform to the
declarations made by the manufacturer or for each family of products.
producer to the corresponding General Directorate of the Ministry of Health
and Social Security, at the time of registration of the industry and the
annotation of its products.
b) In confectionery, pastry, pastry and pastry products and complementary
preparations, aromatic agents and additives authorized by the corresponding
General Directorate of the Ministry of Health and Social Security may be used
for specific ingredients or for finished products. The use of these active
ingredients will never cause confusion to the consumer regarding the actual
composition of the product and the name under which they are sold.
c) All confectionery, pastry, pastries and pastries and complementary
preparations will be exempt from: Escherichia coli in one gram of product;
DNASA positive staphylococci in 0.1 grams and Salmonella and Shigella in 30
grams. Likewise, they must not contain yeasts and molds in quantities greater
than 500 colonies per gram in cereal-based foods, nor sulfite-reducing
Clostridium in quantities greater than 1,000 colonies per gram, mainly in those
products that may contain meat derivatives as ingredients.
d) Food products and other ingredients used in the production of confectionery,
pastries, pastries and pastries must be suitable for consumption, adjusting to
the specific characteristics of each of them, and in the specific cases of candy
and chewing gum, honey, special breads, nougats and marzipans, chocolates
and derivatives, in terms of characteristics of the finished product, frozen cakes
and other products, must comply with the provisions of their specific
Regulations, without this implying the registration of the industry or producer
individually as such, when Its production is intended for sale in the producer's
own establishments, within the manufacturing location. When production is
intended for sale outside the producer's own premises, whether in the
municipal, regional or national area, the pastry industry will be multipurpose
and must be registered according to each of the types of products it produces,
in accordance with its specific regulations. The different types of confectionery,
pastry, pastries and pastries will be subject to specific rules that qualify and
clearly identify them at the consumer level, according to the name used in their
sale.
e) The preparation and street sale, whether on a tray or in stalls, stalls, booths or
markets (without a fixed stall) of confectionery, pastry, pastries and pastries, is
prohibited, except at traditional fairs and festivals in each locality.

TITLE V.- TRANSPORTATION, PACKAGING, SALE, SIGNING AND LABELING

Article 13. Transportation, packaging and sale.-Confectionery, pastry, pastry and


pastry products and complementary preparations manufactured by national, regional
or provincial industries will always be transported and sold in suitable packaging or
containers, duly labeled and labeled. Confectionery, pastry, pastry and pastry products
and complementary preparations manufactured by industrialists or by those
processors who sell the products in their own establishments and have adequate
means of transportation may be sold in bulk, but always in containers or packaging
that are easy to clean. that guarantee its protection against altering agents or external
contaminants, within the territorial scope in which the transported product maintains
the sanitary conditions established by this Regulation. In this case, the data will appear
on the delivery notes, delivery notes, invoices, receipts or any other document that
accompanies the merchandise. Pastry, confectionery, pastries and confectionery
products may also be sold in establishments with exclusive authorization for the sale of
this type of products. Only if they are packaged and labeled can they be sold in
establishments with shared authorizations to sell bread, special breads, ordinary
pastries, dairy products, self-service stores, supermarkets, grocery stores, etc. The
products referred to in this Regulation must be displayed, for sale to the public, in
showcases or shop windows that meet the necessary hygiene conditions, preserving
them from dust and protected from contact with insects and any contaminating cause.
The use of tongs or pallets is mandatory to serve and weigh these types of products to
the public. In the new facilities, it will be mandatory, at a minimum, that products
made with creams, creams and yolks must be contained in refrigerated showcases
and/or showcases. Ordinary pastries may be transported and sold in bulk within the
territorial area in which the transported product maintains the sanitary conditions
established by these Regulations and provided that they are protected by packaging
that prevents the access of dust or insects. The containers, packaging, wrappers and
coverings of confectionery, pastry, pastry and pastry products may be made of
cardboard or sulfurized paper, waxed, plasticized, aluminum foil, cellophane,
macromolecular compounds authorized for this purpose or any other. material that is
authorized by the corresponding General Directorate of the Ministry of Health and
Social Security.
Article 14. Labeling and labeling.-In the packaging, containers, wrappers or coverings
of confectionery, pastry, pastry and pastry products, arranged for sale to the public,
indicated in paragraph 1 of art. 13, the data specified below must appear, in a
sufficiently legible font size and in the Spanish language. The data to be recorded is, at
a minimum, the following:

1. Registered trademark or name or company name and address.


2. Type of product or generic name, if it has one.
3. List of ingredients that go into its composition, listed from highest to lowest
proportion.
4. Health Registration Number of the industry or producer, from the date on
which it has been provided, in accordance with the provisions of article 10.
5. Product net weight. A weight tolerance of ± 5% is established when the product
leaves the factory, as a consequence of natural losses and the possible lack of
uniformity in the distribution of certain raw materials in the finished product.
6. Date of manufacture and maximum consumption period, with express mention,
where applicable, of cold storage.
7. The labeling and labeling of containers and packaging will comply with the
general precepts established in the General Labeling Standard. Labeling and
Advertising of packaged and packaged foods, of March 7, 1975 ("Official State
Gazette" number 336/1975, of March 11) (RCL 1975\493 and NDL 24831 bis).

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