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2.—(1) The Infant Formula and Follow-on Formula Regulations 1995(1) are amended in accordance with paragraph (2) in so far as they apply in relation to Wales.
(2) In regulation 22 (offences and enforcement)—
(a)in paragraph (1), insert at the beginning the words “Subject to paragraph (2B),”; and
(b)immediately after paragraph (2A), add the following paragraph—
“(2B) A person shall not be considered to have contravened or failed to comply with the provisions contained in regulation 2 where the sale which would otherwise have constituted a contravention of or a failure to comply with those provisions is the sale of an infant formula falling within the derogation set out in Article 1 of Commission Regulation (EC) No. 1609/2006 authorising the placing on the market of infant formulae based on hydrolysates of whey protein derived from cows' milk protein for a two-year period(2).”.
S.I. 1995/77, to which there are amendments not relevant to these Regulations.
OJ No. L299, 28.10.2006, p.9.
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