In regulation 11 (transitional provisions and exemptions), after paragraph (1D), insert–

“(1E)

In any proceedings for an offence under these Regulations where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the person charged to show either–

(a)

that the food additive concerned is E 431, E 432, E 433, E 434, E 435 or E 436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or

(b)

that the food additive concerned is E 407, E 407a, E 1517 or E 1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;

and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendment made by regulation 3 of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004 had not been in force when the matter occurred.”.