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.