The General Food Regulations 2004

[F1 Defence for exports S

6A.   In any proceedings for an offence of contravening or failing to comply with food law it shall be a defence for the accused to prove–

(a) that the item in respect of which the offence is alleged to have been committed was intended for export to a country that is not a member State and that the item could lawfully be exported there under Article 12 of Regulation (EC) No. 178/2002; or

(b) that the item in respect of which the offence is alleged to have been committed was intended for export to a member State and that–

(i) the legislation applicable to that item in that member State is compatible with the applicable provisions of food law (except in so far as it relates to feed produced for or fed to food producing animals) at [F2 EU level]; and

(ii) the item complies with that legislation.]

Textual Amendments

F1 Reg. 6A inserted (S.) (1.1.2006) by The Official Feed and Food Controls (Scotland) Regulations 2005 (S.S.I. 2005/616), regs. 1(b), 41(5); (E.) by The Official Feed and Food Controls (England) Regulations 2005 (S.I. 2005/2626), regs. 1(b), 41(5); and (W.) The Official Feed and Food Controls (Wales) Regulations 2005 (S.I. 2005/3254), regs. 1, 41(5)

F2 Words in reg. 6A(b)(i) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 2, Sch. 1 para. 6 (with arts. 3(2)(3), 4(2), 6(4)(5))