Revocations, savings and transitional provisions6.

(1)

The instruments specified in column 1 of the table in schedule 3 are revoked to the extent specified in column 3 of that table, subject to paragraph 2.

(2)

The instruments specified in column 1 of the table in schedule 3 continue to have effect (so far as otherwise revoked to the extent specified in column 3 of that table)—

(a)

until 21 February 2021 in respect of infant formula and follow-on formula manufactured from protein hydrolysates, and

(b)

for the purposes of paragraph 3.

(3)

A person does not commit an offence under regulation 4(1) if they continue to market infant formula or follow-on formula which does not comply with a specified EU law requirement, provided that—

(a)

it was placed on the market or labelled—

(i)

before 22 February 2020, or

(ii)

before 22 February 2021 in the case of infant formula and follow-on formula manufactured from protein hydrolysates, and

(b)

the conditions specified in the following provision of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007 M1 are met—

(i)

regulation 3(1) in the case of infant formula,

(ii)

regulation 3(2) in the case of follow-on formula.

F1(4)

Regulations 2 to 5 do not apply in respect of infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.

(5)

Schedule 4 makes provision in relation to infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.