11. In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that –
(a)the food concerned was marked or labelled before 17th July 2004, and
(b)the matters constituting the alleged offence would not have constituted an offence under the Condensed Milk and Dried Milk Regulations (Northern Ireland) 1977 as they stood immediately before the coming into operation of these Regulations.