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Transitional provision and defence in relation to exports

10.  In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that –

(a)(i)the act was committed before 1st August 2004; and

(ii)the matter constituting the offence would not have constituted an offence under the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984(1) as they stood immediately prior to the coming into force of these Regulations; or

(b)the food in respect of which the offence is alleged to have been committed –

(i)was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence; or

(ii)in the case of proceedings for an offence under regulation 4 or 5, was intended for export and was marked or labelled before 1st August 2004.