2011 No. 306  
Food

The Extraction Solvents in Food Amendment (Scotland) Regulations 2011

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (c), 17(1) and 48(1) of the Food Safety Act 19901 and all other powers enabling them to do so.
In accordance with section 48(4A) of that Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency2.
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Extraction Solvents in Food Amendment (Scotland) Regulations 2011 and come into force on 15th September 2011.

(2)

These Regulations extend to Scotland only.

Amendment of the Extraction Solvents in Food Regulations 19932.

(1)

The Extraction Solvents in Food Regulations 19934 are amended as follows.

(2)

In Schedule 1, Part I (permitted extraction solvents), in column 1, after entry 21 (1,1,1,2-tetrafluoroethane), insert “22. Dimethyl ether”.

(3)

In Schedule 2 (foods in which certain permitted extraction solvents may be used only for certain purposes), after entry 9 (sugar from molasses) insert—

“10. Defatted animal protein products

Dimethyl ether

Preparation of defatted animal protein products

0.009 mg/kg in the defatted protein products”

(4)

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), after the entry for “1,1,1,2-tetrafluoroethane”, insert—

“Methanol

1.5 mg/kg

Propan-2-ol

1 mg/kg”

MICHAEL MATHESON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Extraction Solvents in Food Regulations 1993 (“the principal Regulations”) in order to implement in Scotland Commission Directive 2010/59/EU amending Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (O.J. L 225, 27.8.2010, p.10).

Regulation 2 amends the principal Regulations to:—

(a)

include dimethyl ether in Schedule 1, Part 1, as a permitted extraction solvent (regulation 2(2));

(b)

include dimethyl ether in Schedule 2, as an extraction solvent that may be used in the preparation of defatted animal protein products (regulation 2(3)); and

(c)

include methanol and propanol-2-ol in Schedule 3 (which concerns the use of extraction solvents in the preparation of natural flavourings) with associated prescribed residue limits (regulation 2(4)).

A Business and Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.