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Preserved Milk

Directive (EU) 2024/1438 amends four of the seven Directives, known collectively as the ‘Breakfast Directives’ relating to honey, fruit juices, jams, jellies and marmalades and preserved dehydrated milk products.  The updated directives aim to promote a shift to healthier diets, help consumers make informed choices, and ensure transparency regarding the origin of products.

Summary of amendments within EU Directive 2024/1438 relating to Dehydrated Preserved Milk

Directive 2024/1438 authorises the use of a new treatment, enabling food businesses the option to produce lactose-free dehydrated milk products. Directive 2024/1438 also lowers the minimum levels of milk solids and fats for evaporated milk, aligning with international standards. This means that the terms ‘evaporated milk’ and ‘condensed milk’ can be used interchangeably. 

EU legislation

Council Directive 2001/114/EC (OJ L 15, p19, 17.01.2002) of 20 December 2001 relating to certain partly or wholly dehydrated preserved milk for human consumption

Amended by

  • Directive (EU) 2024/1438 of the European Parliament and of the Council of 14 May 2024 amending Council Directives 2001/110/EC relating to honey, 2001/112/EC relating to fruit juices and certain similar products intended for human consumption, 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption, and 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption
  • Council Directive 2007/61/EC (OJ L 258, p27, 04.10.2007) of 26 September 2007 amending Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption
  • Regulation (EU) No 1021/2013 (OJ L 287, p1, 29.10.2013) of 9 October 2013 amending various EU directives as regards the powers to be conferred on the Commission
     

First Commission Directive 79/1067/EEC (OJ L 327, p29, 24.12.1979) of 13 November 1979 laying down Community methods of analysis for testing certain partly or wholly dehydrated preserved milk for human consumption

First Commission Directive 87/524/EEC (OJ L 306, p24, 28.10.1987) of 6 October 1987 laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products

National legislation 

Directive (EU) 2024/1438 requires transposition into Irish law. Ireland along with other Member States are required to adopt and publish the national legislation by 14 December 2025. Food businesses have a transitional period up to 14 June 2026 to comply.

European Communities (Dehydrated Preserved Milk) Regulations, (S. I. No. 298 of 2003)

Amended by

The Regulations set down the rules relating to partly or wholly dehydrated preserved milk for human consumption. It details compositional requirements for different types of dehydrated milk, the use of reserved descriptions, manufacturing specifications and the labelling of such products.

Partly dehydrated milk is defined as "the liquid product, whether or not sweetened, obtained by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of these products, which may have an admixture of cream or of wholly dehydrated milk or both, the addition of wholly dehydrated milk not to exceed, in the finished products, 25 % of total milk solids". Criteria is set out in Annex I to Directive 2001/114/EC for types of sweetened and unsweetened condensed milk which fall under this definition.

The legislation permits use of  the name ‘evaporated milk’ as an alternative to the product defined in Annex I(1)(b) (i.e.Condensed Milk) containing, by weight, at least 9 % fat and 31 % total milk solids.

Totally dehydrated milk, means the solid product, where the water content does not exceed 5 % by weight of the finished product, obtained by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of these products.’ Criteria is set out in Annex I to Directive 2001/114/EC for types of dried milk which fall under this category.

In addition to the general labelling requirements set out in Regulation (EU) No 1169/2011, the provision of additional information is set out in Directive 2001/114/EC. It requires that the labelling of the product must state the percentage of milk fat, expressed by weight in relation to the finished product, except in the case of the products defined in Annex I(1)(d) (Condensed skimmed milk) and (g) (Sweetened condensed skimmed milk) and Annex I(2)(d) (Dried whole milk or whole milk powder). The percentage of fat-free dried milk extract must be indicated in the case of the products defined in Annex I(1) (Partly dehydrated milk). These mandatory indications must appear near the trade name.
 
In case of totally dehydrated milk, the label must state the recommendations as to the method of dilution or reconstitution, including details of the fat content of the product thus diluted or reconstituted.

The labelling of totally dehydrated milk must state that the product is ‘not intended as a food for infants under 12 months'.