
1 

(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 1993.
2 
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–“
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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”.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th September 1998Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
9th September 1998Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under-Secretary of State, Welsh Office
14th September 1998Sam Galbraith
Parliamentary Under-Secretary of State, Scottish Office
14th September 1998
SCHEDULE
Regulation 2(d)
“
SCHEDULE 2
Regulation 4(2)(d)


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”