Defence in relation to exports9
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove—
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to an EEA State, that the legislation complies with the provisions of Directive 2000/36/EC of the European Parliament and the Council relating to cocoa and chocolate products intended for human consumption M1.