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Part IPreliminary

Exemptions

3.—(1) Except for regulation 31, these Regulations shall not apply in respect of—

(a)any food to which the provisions of the EEA Agreement applies brought into Northern Ireland from an EEA State in which it was lawfully produced and sold;

(b)any food lawfully produced in another member State brought into Northern Ireland from a member State in which it was lawfully sold;

(c)any food lawfully produced outside the European Community brought into Northern Ireland from a member State in which it was in free circulation and lawfully sold,

which is labelled with a name that is sufficiently precise to inform a purchaser of its true nature and to enable it to be distinguished from food with which it could be confused, the label being in a language easily understood by the purchaser.

(2) For the purposes of paragraph (1), “free circulation” has the same meaning as in Article 9.2 of the Treaty establishing the European Community.

(3) These Regulations, except in so far as they relate to advertising, shall not apply to any food which is—

(a)not intended for sale for human consumption, or

(b)supplied under Government contracts for consumption by Her Majesty’s forces or supplied for consumption by a visiting force within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952(1), and was prepared and labelled for sale before 7th December 1992.

(4) Subject to paragraph (5), regulation 29 and Part III shall not apply to natural mineral water (other than such water which has been artificially carbonated).

(5) Regulations 40 and 41 shall apply to natural mineral water in so far as they relate to item 1 in Part II of Schedule 6, and regulation 41 shall apply to such water in so far as it relates to the descriptions “dietary” and “dietetic” in Schedule 8.

(1)

1952 c. 67; the definition of “visiting force” in section 12 was amended by the Criminal Justice Act 1988 (c. 33), section 170 and Schedule 15, paragraph 14