6. In regulation 11 (transitional provision and exemptions), after paragraph (1E), there shall be inserted –
“(1F) In any proceedings for an offence under these Regulations in respect of any food additives, food or flavouring, it shall be a defence to prove –
(a)the food additive, food or flavouring concerned was put on the market or labelled before 27th January 2006; and
(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 to 6, 7(b), 8(a), 8(b) (ii), 9(a), 10, 11(a) to (c), (e) to (i) and (k) to (l) of the Miscellaneous Food Additives (Amendment No. 2) Regulations (Northern Ireland) 2005 had not been made when the food additive, food or flavouring was placed on the market or labelled.”.