Defences
11.—(1) In any proceedings for an offence against regulation 4 it shall be a defence for the defendant to prove that the presence in any food of any preservative other than a permitted preservative or the presence of a permitted preservative in any food other than a specified food, as the case may be, is solely due to the use of that preservative in food storage or in the preparation of food for storage–
(a)as an acaricide, fungicide, insecticide or rodenticide, for the protection, in each case, of food whilst in storage, or
(b)as a sprout inhibitor or depressant, otherwise than in the place where food is packed for retail sale.
(2) In any proceedings for an offence against these Regulations in relation to the publication of an advertisement, it shall be a defence for the defendant to prove that, being a person whose business it is to publish or arrange for the publication of advertisements, he received the advertisement for publication in the ordinary course of business.
(3) In any proceedings in respect of the sale or importation before 31st December 1989 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(1).
OJ No. L33, 8.2.1979, p. 36; the relevant amending Directive is 86/355/EEC of the Council—OJ No. L212, 2.8.86, p. 33.