4.—(1) Where, in relation to any food, a contravention of any of Articles 4.2, 5.1, 5.2, 9.4, or 9.5 has occurred—
(a)that food shall be treated for the purposes of section 9 of the Act as failing to comply with the food safety requirements; and
(b)if that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
(2) For the purposes of this regulation “food” includes any primary smoke condensate, primary tar fraction or derived smoke flavouring.