7. In regulation 50 (transitional provision) insert at the end–
“(11) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that–
(a)the food concerned was marked or labelled before 1st July 2004; and
(b)the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 5 and 6 of the Food Labelling Amendment (Scotland) Regulations 2003 had not been in force when the food was sold.”.