Amendment of Regulations

9.  In regulation 10 (offences) the following paragraph shall be added at the end—

“(15) In any proceedings for an offence under these Regulations it shall be a defence to prove that—

(a) the act was committed in relation to a plastic material or article intended to come into contact with food which was manufactured in the European Community, or imported into the European Community, before 1st January 2003, and

(b) the matters constituting the offence would not have constituted an offence under these Regulations before the amendments made by the Plastic Materials and Articles in Contact with Food (Amendment) (Wales) Regulations 2001 came into force.”.