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2. Regulation 11(3) of the Preservatives in Food Regulations 1989(1) shall be revoked and in its place there shall be inserted the following regulation:
“(3) In any proceedings in respect of the sale or importation before 31st December 1990 of food having in it or on it ethylene oxide contrary to regulation 4, it shall be a defence for the defendant to prove that the presence of that substance in or on that food is solely due to the use for pathogen reduction of that food in accordance with the second column of entry C in the Annex to Directive 79/117/EEC of the Council, prohibiting the placing on the market and use of plant protection products containing certain active substances(2).”.
S.I. 1989/533.
OJ No. L33, 8.2.1979, p. 36; the relevant amending Directives are 86/355/EEC of the Council—OJ No. L212, 2.8.86, p. 33, and 89/365/EEC of the Council—OJ No. L159, 10.6.89, p. 58.
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