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4. In regulation 11 (transitional provision and exemptions), after paragraph (1F), insert the following paragraph —
“(1G) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that —
(a)the food additive or food concerned was put on the market or labelled before 15th August 2008; and
(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulation 5(a), 6(a), 6(b) and (d), or 8 of the Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (England) Regulations 2007 had not been made when the food additive or food was placed on the market or labelled.”.
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