F1Transitional provision12
F21
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of or a failure to comply with regulation 6(3)(e), it shall be a defence to prove that—
a
the food supplement concerned was sold before 31st October 2012; and
b
the matters constituting the alleged offence would not have constituted an offence under those regulations if the amendments made by regulation 2(2) and (6)(b) of the Food Supplements, Vitamins, Minerals and Other Substances (Scotland) Regulations 2009 had not been in operation when the food was sold.
F32
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
a
zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.