Transitional provision

11.  In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove that —

(a)the food concerned was marked or labelled before 12th July 2004, and

(b)the matters constituting the alleged offence would not have constituted an offence under the Specified Sugar Products Regulations 1976 as those Regulations stood immediately before the coming into force of these Regulations.