1B

In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that–

a

the food additive or food concerned was put on the market or labelled before 1st July 1999 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(b) and 10 of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled, or

b

the food additive or food concerned was put on the market or labelled before 4th November 2000 and the matter constituting the offence would not have constituted an offence under these Regulations or the Bread and Flour Regulations 19985 if the amendments made by regulations 3(c) and (d)(i), 7(b)(iii), 12 and 14(4) of the Miscellaneous Food Additives (Amendment) Regulations 1999 had not been made when the food additive or, as the case may be, the food was put on the market or labelled.