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8. In any proceedings for an offence under these Regulations it shall be a defence for the person charged 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 an EEA State, that the legislation complies with the provisions of Directive 2001/113/EC of the European Parliament and the Council relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption(1).
OJ No. L10, 12.1.2002, p. 67, as adopted by the EEA Joint Committee Decision No. 99/2002 (OJ No. L298, 31.10.2002, p. 10).
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