Paragraph 3

In any proceedings for an offence in respect of a contravention of paragraph 1, it shall be a defence for the accused to prove that the raw milk or raw cream in respect of which the offence is alleged to have been committed was intended for export–

(a)

to England, Wales or Northern Ireland F1... and that the milk or cream complies with Regulation 853/2004 and with any national rules applicable to that part of the United Kingdom F2..., made pursuant to Article 10.8(a) of Regulation 853/2004;

(b)

to a third country in accordance with Article 12 of Regulation 178/2002 as read with Article 11 of Regulation 852/2004.

Annotations

Textual amendments

F1: Words in sch. 6 para. 3(a) omitted (31.12.2020) by virtue of The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in sch. 6 para. 3(a) omitted (31.12.2020) by virtue of The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)