8. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—
(a)that the food or, as the case may be, sweetener in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or sweetener complies with that legislation; and
(b)in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC(1) on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/35/EC and Directive 95/31/EC.
OJ No. L40, 11.2.89, p.27.