General

Transitional provisions13.

(1)

In any proceedings for an offence under–

(a)

regulation 7(a); or

(b)

regulation 7(b), as read with regulations 5 or 6,

in relation to the particulars with which any relevant food is required to be marked or labelled by regulation 1139/98, it is a defence to prove that–

(i)

in the case of food sold to the final consumer, it was prepared using an ingredient which was on sale before 1st September 1998; or

(ii)

in the case of food sold to a mass caterer, it was prepared using an ingredient which was on sale before 10th April 2000.

(2)

In any proceedings for an offence under–

(a)

regulation 7(a); or

(b)

regulation 7(b), as read with regulation 5 or 6,

in relation to the particulars with which any relevant food is required to be marked or labelled by Regulation 50/2000, it is a defence to prove that the food was sold to the final consumer or to a mass caterer and was prepared using an ingredient which was on sale before 10th April 2000.

(3)

For the purposes of paragraphs (1) and (2) above, “relevant food” means food which is–

(i)

not prepacked; or

(ii)

prepacked for direct sale.