What legally counts as chocolate, by country
The same word on a wrapper is a different promise in different places. These are the minimums each law sets, read from the legal texts themselves.
This describes legal texts. It is not legal advice.
Each figure is what the named instrument said in the version named, on the day it was read. Laws are amended, and a product’s compliance depends on more than these minimums. Anyone making or labelling chocolate for sale needs the current instrument and a qualified adviser.
The short version
- 7 of the 9 set the same floor for plain chocolate: 35% total cocoa solids. Japan allows a lower-cocoa alternative where milk makes up the difference, and Brazil’s law is not yet in force. The United States does not; it requires 15% chocolate liquor for sweet chocolate and 35% for semisweet or bittersweet. Australia and New Zealand require 20% cocoa bean derivatives.
- Milk chocolate is where the laws part. Where it is defined, the milk solids minimum runs from 12% to 14%, and the cocoa requirement is written in terms that cannot be converted into each other.
- “Dark chocolate” has a legal meaning in only 2 of the 9, and where it has one it requires no more cocoa than ordinary chocolate. Everywhere else it is a description, not a category.
- Couverture is a legal term in 4 of the 9 and a trade term in the rest.
- Most allow a little vegetable fat. A limit of 5% is the commonest rule. The United States instead gives products made with other fats a different name.
Chocolate (plain or dark)
The basic standard: the product sold simply as chocolate, with no milk in the name. Where a law has separate sweet and semisweet grades, the lowest grade that may be called chocolate is shown and the others are in the note. Defined in 9 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | 35% | 18% | 14% | — | — | — | 2.1.1 | |
| European Union | 35% | 18% | 14% | — | — | — | Annex I, A(3) | |
| United Kingdom (England) | 35% | 18% | 14% | — | — | — | Schedule 1, item 3 | |
| Switzerland | 35% | 18% | 14% | — | — | — | Annex 6, 6.1 | |
| United States | — | — | — | — | — | — | Sweet chocolate: at least 15% chocolate liquor. Semisweet or bittersweet chocolate: at least 35% chocolate liquor. | §163.123(a) |
| Canada | 35% | 18% | 14% | — | — | — | 4.1.6 | |
| Australia and New Zealand | — | — | — | — | — | — | At least 200 g/kg cocoa bean derivatives, and no more than 50 g/kg of edible oils other than cocoa butter or dairy fats. | s 2.10.4—2 |
| Japan | 35% | 18% | — | — | — | — | Or at least 21% cocoa, if cocoa and milk solids together reach 35% with at least 3% milk fat. Water no more than 3%. | Article 2, para 12(1) |
| Brazil | 35% | 18% | 14% | — | — | — | Not yet in force. | Art. 2, VIII |
Milk chocolate
The standard for the product sold as milk chocolate. The differences here are the ones behind most arguments about whose chocolate is 'real'. Defined in 7 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | 25% | — | 2.5% | — | — | — | Milk solids 12 to 14% and milk fat 2.5 to 3.5%, as the national authority decides. | 2.1.4 |
| European Union | 25% | — | 2.5% | 14% | 3.5% | 25% | Annex I, A(4) | |
| United Kingdom (England) | 25% | — | 2.5% | 14% | 3.5% | 25% | Family milk chocolate (20% cocoa, 20% milk solids) may also be sold as 'milk chocolate' in the UK. | Schedule 1, item 4; reg 6(1)(c) |
| Switzerland | 25% | — | 2.5% | 14% | 3.5% | 25% | Annex 6, 7.1 | |
| United States | — | — | — | 12% | 3.39% | — | At least 10% chocolate liquor. | §163.130(a) |
| Canada | 25% | 15% | 2.5% | 12% | 3.39% | — | 4.1.8 | |
| Australia and New Zealand | Not defined | |||||||
| Japan | Not defined | |||||||
| Brazil | 25% | — | — | 14% | — | — | Not yet in force. | Art. 2, IX |
Family milk chocolate
A milkier, lower-cocoa grade with its own name in some laws. It matters because in the United Kingdom it may be sold simply as milk chocolate. Defined in 4 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | 20% | — | 2.5% | 20% | 5% | — | 2.1.5 | |
| European Union | 20% | — | 2.5% | 20% | 5% | 25% | Annex I, A(5) | |
| United Kingdom (England) | 20% | — | 2.5% | 20% | 5% | 25% | Must be labelled 'milk solids 20% minimum' when called milk chocolate. | Schedule 1, item 5; reg 6(1)(c) |
| Switzerland | 20% | — | 2.5% | 20% | 5% | 25% | Annex 6, 8 | |
| United States | Not defined | |||||||
| Canada | Not defined | |||||||
| Australia and New Zealand | Not defined | |||||||
| Japan | Not defined | |||||||
| Brazil | Not defined |
White chocolate
No cocoa solids other than the butter. Where it is defined, the definition is close to identical everywhere, which is unusual in this table. Defined in 7 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | — | 20% | — | 14% | — | — | Milk fat 2.5 to 3.5%, as the national authority decides. | 2.1.7.1 |
| European Union | — | 20% | — | 14% | 3.5% | — | Annex I, A(6) | |
| United Kingdom (England) | — | 20% | — | 14% | 3.5% | — | Schedule 1, item 6 | |
| Switzerland | — | 20% | — | 14% | 3.5% | — | Annex 6, 9 | |
| United States | — | 20% | — | 14% | 3.5% | — | No more than 55% nutritive carbohydrate sweetener. | §163.124(a) |
| Canada | — | 20% | — | 14% | 3.5% | — | 4.1.9 | |
| Australia and New Zealand | Not defined | |||||||
| Japan | Not defined | |||||||
| Brazil | — | 20% | — | 14% | — | — | Not yet in force. | Art. 2, X |
Couverture
The high-cocoa-butter grade used for coating and moulding. A legal term in some places and a trade term everywhere else. Defined in 4 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | 35% | 31% | 2.5% | — | — | — | 2.1.3 | |
| European Union | 35% | 31% | 2.5% | — | — | — | Annex I, A(3) | |
| United Kingdom (England) | 35% | 31% | 2.5% | — | — | — | Schedule 1, item 3 | |
| Switzerland | 35% | 31% | 2.5% | — | — | — | Annex 6, 6.3 | |
| United States | Not defined | |||||||
| Canada | Not defined | |||||||
| Australia and New Zealand | Not defined | |||||||
| Japan | Not defined | |||||||
| Brazil | Not defined |
Cocoa powder
The fat that must remain in the powder for it to be called cocoa rather than fat-reduced or low-fat cocoa. Defined in 7 of the 9.
| Jurisdiction | Cocoa solids | Cocoa butter | Non-fat cocoa | Milk solids | Milk fat | Total fat | Also | Clause |
|---|---|---|---|---|---|---|---|---|
| Codex Alimentarius | Not defined | |||||||
| European Union | — | 20% | — | — | — | — | Calculated on dry matter. | Annex I, A(2) |
| United Kingdom (England) | — | 20% | — | — | — | — | Calculated on dry matter. | Schedule 1, item 2 |
| Switzerland | — | 20% | — | — | — | — | Annex 6, 5.1 | |
| United States | — | — | — | — | — | — | Cocoa: cacao fat under 22% and at least 10%. Breakfast cocoa: at least 22%. Lowfat cocoa: under 10%. | §163.112–163.114 |
| Canada | — | 10% | — | — | — | — | 4.1.4 | |
| Australia and New Zealand | Not defined | |||||||
| Japan | — | 8% | — | — | — | — | Water no more than 7%. | Article 2, para 9 |
| Brazil | — | 10% | — | — | — | — | On dry matter. Not yet in force. | Art. 2, IV |
All figures are minimums, in per cent of the finished product by weight, as each instrument states them. A dash means the instrument sets no figure for that component. “Total fat” is cocoa butter and milk fat together.
Fats other than cocoa butter
Whether something sold as chocolate may contain other vegetable fats, such as shea or palm oil, was long contested in European chocolate law. The rules now differ less than that argument might suggest. See cocoa butter equivalents for what these fats are and why they are used.
| Jurisdiction | Rule | Clause |
|---|---|---|
| Codex Alimentarius | Up to 5% of the finished product, after deducting other added foods. | Section 2 |
| European Union | Up to 5%, and only six named tropical fats: illipe, palm oil, sal, shea, kokum gurgi and mango kernel. The label must say so. | Art. 2; Annex II |
| United Kingdom (England) | Up to 5%, from the same list of permitted fats. | Reg 3; Schedule 2 |
| Switzerland | Up to 5%, from the same six fats as the EU. | Art. 51(2); Annex 7 |
| United States | Not in chocolate. Products made with other vegetable fats have their own names, such as 'sweet chocolate and vegetable fat coating', with no upper limit on the fat. | §163.150–163.155 |
| Canada | None appears among the ingredients the standard permits in chocolate, milk chocolate or white chocolate. | 4.1.6–4.1.9 |
| Australia and New Zealand | Up to 50 g/kg (5%) of edible oils other than cocoa butter or dairy fats. | s 2.10.4—2 |
| Japan | Edible fats other than cocoa butter may be added, with no numerical limit in the definition, provided the cocoa and cocoa butter minimums are met. | Article 2, para 12 |
| Brazil | Up to 5% of other vegetable fats. Not yet in force. | Art. 2, VIII |
Is “dark chocolate” a legal term?
Mostly not. A bar may be called dark at 45% cocoa or at 90%, and in most places no rule distinguishes them. The percentage on the pack is the only regulated statement; see what the percentage means.
| Jurisdiction | Position |
|---|---|
| Codex Alimentarius | A permitted alternative name for ordinary chocolate, alongside bittersweet and semi-sweet. It carries no higher cocoa requirement. |
| European Union | Not a defined name. The directive defines chocolate; 'dark' is description. |
| United Kingdom (England) | Not a defined name. |
| Switzerland | Not a defined name for chocolate. Only 'dark couverture' is defined, at 31% cocoa butter and 16% non-fat cocoa solids. |
| United States | Not a defined name. The standards define sweet, semisweet and bittersweet chocolate. |
| Canada | Defined, as a synonym: the standard is headed 'Chocolate, Bittersweet Chocolate, Semi-sweet Chocolate or Dark Chocolate', all at 35% cocoa solids. |
| Australia and New Zealand | Not a defined name. |
| Japan | Not a defined name in the part of the code that was read. |
| Brazil | Not a defined name. The law will require the cocoa percentage on the front of the pack instead. |
Other names European law defines
Beyond the six products compared above, the European directive reserves a further set of names, from cocoa butter to pralines. A filled bar, a cup of drinking chocolate and a box of chocolates each have a legal minimum of their own.
| Name | What the product must be | Annex I point |
|---|---|---|
| Cocoa butter | Fat from cocoa beans with no more than 1.75% free fatty acids (as oleic acid) and no more than 0.5% unsaponifiable matter (0.35% for press cocoa butter) | A(1) |
| Fat-reduced cocoa powder | Cocoa powder with less than 20% cocoa butter on the dry matter | A(2)(b) |
| Powdered chocolate, chocolate in powder | A mixture of cocoa powder and sugars with at least 32% cocoa powder | A(2)(c) |
| Drinking chocolate, sweetened cocoa | A mixture of cocoa powder and sugars with at least 25% cocoa powder | A(2)(d) |
| Chocolate vermicelli or flakes | At least 32% total dry cocoa solids, including 12% cocoa butter and 14% dry non-fat cocoa solids | A(3)(b) |
| Gianduja nut chocolate | Chocolate of at least 32% total dry cocoa solids with 20 to 40 g of finely ground hazelnuts per 100 g; no more than 5% dry milk solids | A(3)(b) |
| Gianduja nut milk chocolate | Milk chocolate of at least 10% dry milk solids with 15 to 40 g of finely ground hazelnuts per 100 g | A(4)(b) |
| Cream chocolate; skimmed milk chocolate | Milk chocolate with at least 5.5% milk fat; milk chocolate with no more than 1% milk fat | A(4)(c) |
| Filled chocolate | An outer part of chocolate, milk, family milk or white chocolate making up at least 25% of the product's weight. The name may not be used where the inside is a bakery product, pastry, biscuit or edible ice | A(7) |
| Chocolate a la taza | At least 35% total dry cocoa solids, including 18% cocoa butter and 14% dry non-fat cocoa solids, and no more than 8% flour or starch | A(8) |
| Chocolate familiar a la taza | At least 30% total dry cocoa solids, including 18% cocoa butter and 12% dry non-fat cocoa solids, and no more than 18% flour or starch | A(9) |
| A chocolate, or a praline | A single-mouthful product that is filled chocolate, or chocolate with other edible substances in which chocolate is at least 25% of the weight | A(10) |
Directive 2000/36/EC, Annex I, as consolidated on 18 November 2013. European Union only: how the other eight jurisdictions treat these names was not read, and the United Kingdom’s regulations, which were made to implement this directive, were not compared line by line.
Words that carry a figure
The European, United Kingdom and Swiss rules attach numbers to claims of superior quality. A chocolate described that way must have at least 43% cocoa solids including 26% cocoa butter; a milk chocolate, at least 30% cocoa solids and 18% milk solids including 4.5% milk fat. Those are the nearest thing in law to a definition of fine chocolate, and they are well below what a craft maker would mean by the word.
EU Directive 2000/36/EC, Art. 3(5); UK reg 6; Swiss VLpH Annex 6, 6.5 and 7.8.
Where chocolate is from
Swiss chocolate. Chocolate counts as produced in Switzerland only if it is made there completely from the cocoa bean or the cocoa mass onward; white chocolate, from the cocoa butter onward. The cocoa itself need not, and cannot, be Swiss. (Statutory: Swiss VLpH, Art. 54(2).)
No comparable statutory rule for “Belgian chocolate” was found. It is governed by an industry code whose text could not be obtained, so nothing about its terms is stated here. For what those two words are generally taken to mean, see what makes Swiss chocolate Swiss and what Belgian chocolate means. No official rule defining “single origin” was found in any of the nine.
The instruments
Codex Alimentarius
- Instrument
- Standard for Chocolate and Chocolate Products, CXS 87-1981
- Version read
- Revision 1 (2003), as served by the FAO
- Standing
- An international reference standard. It binds nobody directly; governments adopt it, adapt it or ignore it.
- Read with care
- The 2003 revision is the text that was read. The standard has been amended since and the current file could not be opened, so a later change to a figure would not be reflected here.
European Union
- Instrument
- Directive 2000/36/EC relating to cocoa and chocolate products
- Version read
- Consolidated version of 18 November 2013
- Standing
- Binding. A directive, given effect by each member state's own law.
United Kingdom (England)
- Instrument
- The Cocoa and Chocolate Products (England) Regulations 2003, S.I. 2003/1659
- Version read
- Latest revised version on legislation.gov.uk
- Standing
- Binding in England. Scotland, Wales and Northern Ireland have their own parallel regulations, which were not read.
- Read with care
- Regulations 3 and 6 were read. The compositional schedule mirrors the EU directive the regulations were made to implement.
Switzerland
- Instrument
- Ordinance on foodstuffs of plant origin, mushrooms and table salt (VLpH), SR 817.022.17
- Version read
- Version in force on 1 January 2026
- Standing
- Binding.
United States
- Instrument
- 21 CFR Part 163, Cacao Products
- Version read
- eCFR version dated 1 September 2026
- Standing
- Binding. Federal standards of identity.
- Read with care
- Written in chocolate liquor (ground cocoa nib), not total cocoa solids. Cocoa butter added on top of the liquor does not count towards the minimum, so the figures are not comparable with a total-cocoa-solids figure.
Canada
- Instrument
- Canadian Food Compositional Standards, Volume 4
- Version read
- Page dated 1 May 2025
- Standing
- Binding, as a document incorporated by reference. The former chocolate provisions in Division 4 of the Food and Drug Regulations have been repealed and moved here.
Australia and New Zealand
- Instrument
- Food Standards Code, Standard 2.10.4
- Version read
- Compilation in force on 30 April 2026
- Standing
- Binding in both countries.
- Read with care
- A single definition of chocolate, in grams per kilogram of cocoa bean derivatives. Milk, white and dark chocolate are not separately defined.
Japan
- Instrument
- Fair Competition Code on the labelling of chocolates
- Version read
- Text published by the National Chocolate Industry Fair Trade Council, article 2
- Standing
- An industry code authorised under consumer law, administered by the trade's own council. Not a statute, but the rule the Japanese market labels by.
- Read with care
- Defines chocolate and a lower tier, quasi-chocolate, by cocoa content. Milk solids may stand in for part of the cocoa.
Brazil
- Instrument
- Lei nº 15.404, de 8 de maio de 2026
- Version read
- Text as published by the Presidency
- Standing
- Enacted but NOT YET IN FORCE. It takes effect 360 days after publication, which puts commencement in May 2027.
What this comparison cannot tell you
What is in any actual bar. A minimum is a floor; most products sit well above it, and the difference between two countries’ chocolate is mostly recipe, not law. See is American chocolate sweeter.
Whether the figures can be compared across units. A chocolate liquor minimum and a total cocoa solids minimum measure different things, and no conversion is offered.
The rest of the world. India, the producing countries of West Africa, China and many others have their own rules, which were not read and are not guessed at.
Labelling law in general. Allergens, nutrition, “no added sugar”, organic and vegan claims are governed by other instruments in every jurisdiction here.
New kinds of product. No official statement on how cocoa-free or cell-cultured alternatives may be named was found in any of the nine.