The Materials and Articles in Contact with Food (Wales) Regulations 2007

Saving and transitional provisions and defences

12.—(1) Notwithstanding the revocation of the Materials and Articles in Contact with Food Regulations 1987(1), in relation to regenerated cellulose film manufactured before 29th April 1994 the defences in regulation 6A of those Regulations apply in relation to offences under these Regulations in like manner as they applied to offences under the equivalent provisions in those Regulations.

(2) In any proceedings for an offence of contravening regulation 10(3), (4), (6) or (7), or regulation 11(1) or (3) it is a defence to prove that —

(a) the act constituting the offence was committed in relation to a material or article made with regenerated cellulose film which was manufactured or imported into the European Community before 29th January 2006; and

(b) the act constituting the offence would not have constituted an offence under the Materials and Articles in Contact with Food Regulations 1987 immediately before the coming into force of the Materials and Articles in Contact with Food (Wales) Regulations 2005(2).

(1)

S.I. 1987/1523, as amended by S.I. 1990/2487 S.I. 1991/1476 and S.I. 1994/979.

(2)

S.I. 2005/1647 (W.128). These Regulations were subsequently amended by S.I. 2005/3254 (W.247)and S.I. 2006/2982 (W.273), but none of those amendments are relevant to this provision.