4. In regulation 11 (transitional provision and exemptions), after paragraph (1F), insert the following paragraph—
“(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) (Wales) Regulations 2008 had not been made when the food additive or food was placed on the market or labelled.”.