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8.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—
(a)that the food, in respect of which the offence is alleged to have been committed, was intended for export to another member State of the European Economic Community and that the food complied with that member State’s domestic food legislation relevant to the alleged offence; or
(b)that the food, in respect of which the offence is alleged to have been committed, was intended for export to a country which is not a member of the European Economic Community for sale to the ultimate consumer within that country.
(2) In this regulation “ultimate consumer” has the meaning which it has in the Food Labelling Regulations 1984(1).
S.I. 1984/1305, to which there are amendments not relevant to these Regulations.
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