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.”.