5

The following provisions of these Regulations shall not apply in relation to the sale of any relevant food before 19th September 1999–

a

regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, and

b

regulation 44(1)(f).

6

In any proceedings for an offence in relation to any relevant food under–

a

regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, or

b

regulation 44(1)(f),

it shall be a defence to prove that the food was prepared using an ingredient which was on sale before 1st September 1998.

7

For the purposes of paragraphs (5) and (6) of this regulation, “relevant food” means food which–

a

is sold to the ultimate consumer, and

b

is–

i

not prepacked, or

ii

prepacked for direct sale.