1998 No. 2257
The Extraction Solvents in Food (Amendment) Regulations 1998
Made
Laid before Parliament
Coming into force
Regulations 1 and 2(a), (c)(ii) and (e)(ii)
Remainder
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:
Title, commencement and interpretation1
1
These Regulations may be cited as the Extraction Solvents in Food (Amendment) Regulations 1998.
2
This regulation and regulation 2(a), (c)(ii) and (e)(ii) shall come into force on 27th October 1998 and the remainder of these Regulations shall come into force on 27th April 1999.
3
In these Regulations “the principal Regulations” means the Extraction Solvents in Food Regulations 19932.
Amendment of the principal Regulations2
The principal Regulations shall be amended as follows–
a
in regulation 4 (sale of food containing extraction solvents and of extraction solvents) in paragraph (2) subparagraph (e) for the words “items 11 to 20” there shall be substituted the words “items 11 to 21”;
b
after regulation 8 (transitional provision) there shall be inserted the following regulation–
Defence in relation to existing stocks9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that–
a
the food or, as the case may be, the extraction solvent in respect of which the offence is alleged to have been committed was placed on the market or labelled before 27th April 1999; and
b
the act or omission alleged to constitute the offence would not, if it had been committed or had occurred, as appropriate, before 27th April 1999, have constituted an offence under these Regulations prior to their amendment by the Extraction Solvents in Food (Amendment) Regulations 1998.
c
in Schedule 1 Part I (permitted extraction solvents) in Column 1–
i
entry number 3 “Butyl acetate” and entry number 18 “Methyl-propan-l-ol” shall be omitted;
ii
after entry number 20 there shall be inserted the following entry–
21
l,1,1,2–tetrafluoroethane
d
for Schedule 2 (foods in which only certain permitted extraction solvents may be used and then only for certain purposes) there shall be substituted the content of the Schedule to these Regulations; and
e
in Schedule 3 (maximum residues of extraction solvent permitted in foods due to the use in those foods of food consisting of flavourings prepared from natural flavouring materials by using those extraction solvents)–
i
in Column 1 (extraction solvent) the entry “Methyl-propan-l-ol” shall be omitted together with the corresponding entry in Column 2 (maximum residue); and
ii
there shall be inserted at the end in Column 1 the entry “l,l,l,2–tetrafluoroethane” and in Column 2 the entry “0.02 mg/kg”.
Signed by authority of the Secretary of State for Health
Signed by authority of the Secretary of State for Wales
SCHEDULE
SCHEDULE 2Foods in which certain permitted extraction solvents may be used only for certain purposes
Column 1
Column 2
Column 3
Column 4
Specified foods
Permitted extraction solvent
Purpose for which permitted extraction solvent may be added
Maximum permitted residue of permitted extraction solvent in the specified food (or, where indicated, in any food in which the specified food is an ingredient)
1
Fats
a
Hexane, or
b
Ethylmethylketone
a
in respect of hexane, the production or fractionation of the fats
b
in respect of ethylmethylketone, the fractionation of the fats
a
in respect of hexane, 1 mg/kg
b
in respect of ethylmethylketone, 5 mg/kg
2
Oils
a
Hexane, or
b
Ethylmethylketone
a
in respect of hexane, the production or fractionation of the oils
b
in respect of ethylmethylketone, the fractionation of the oils
a
in respect of hexane, 1 mg/kg
b
in respect of ethylmethylketone, 5 mg/kg
3
Cocoa butter
Hexane
production of the cocoa butter
1 mg/kg
4
Defatted protein products
Hexane
preparation of the defatted protein products
10 mg/kg in any food in which the defatted protein products are an ingredient but 30 mg/kg in any defatted soya product as sold to the final consumer
5
Defatted flours
Hexane
preparation of the defatted flours
10 mg/kg in any food in which the defatted flours are an ingredient
6
Defatted cereal germs
Hexane
preparation of the defatted cereal germs
5 mg/kg
7
Coffee
a
Methyl acetate, or
b
Ethylmethylketone, or
c
Dichloromethane, alone or in combination
a
decaffeination,
b
removal of irritants and bitterings, or both
a
in respect of methyl acetate or ethylmethylketone, 20 mg/kg, and if these are used in combination their combined total shall not exceed 20 mg/kg
b
in respect of dichloromethane, 2 mg/kg
8
Tea
a
Methyl acetate; or
b
Ethylmethylketone, or
c
Dichloromethane, alone or in combination
a
decaffeination,
b
removal of irritants and bitterings, or both
a
in respect of methyl acetate or ethylmethylketone, 20 mg/kg, and if these are used in combination their combined total shall not exceed 20 mg/kg
b
in respect of dichloromethane, 5 mg/kg
9
Sugar from molasses
Methyl acetate
production of the sugar from molasses
1 mg/kg
(This note is not part of the Regulations)