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9. Regulation 3(1)(a)(ii), (b)(ii) and (c)(ii) shall not apply in relation to any contravention of Article 2.3 of the Commission Regulation, to the extent that the contravention consists in the use as a food ingredient, for the production of a compound foodstuff, of food lawfully placed on the market in the European Community before 5th April 2002 and containing a contaminant specified in Section 3 or 4 of Annex I to the Commission Regulation at a level higher than that specified in the second column of the Section concerned.
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