9. 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.
Marginal Citations
M1OJ No. L197, 3.8.2000. p. 19, as adopted by EEA Joint Committee Decision 152/2001 (OJ No. L65, 7.3.2002, p. 26).