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.