Regulation 47 Defence in relation to exports

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 47(b) words substituted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(9)
reg. 47(b) words substituted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(9)
reg. 47(b) words substituted by Genetically Modified and Novel Foods (Labelling) 2000 reg. 11(9)
reg. 47(b) words substituted by Food Irradiation Provisions 2000 reg. 24
reg. 47(b) words substituted by Food Irradiation Provisions 2000 reg. 24
reg. 47 revoked by Official Feed and Food Controls 2005 Sch. 6 Pt. 1
reg. 47(b) words substituted by Food Labelling 1999 reg. 10
reg. 47(b) words inserted by Food Irradiation Provisions 2001 reg. 24
reg. 47(b) substituted by Food Labelling 1998 reg. 12
reg.47 amended by Genetically Modified and Novel Foods (Labelling) 2000 reg 11 (9)
reg.47 amended by Genetically Modified and Novel Foods (Labelling) 2000 reg.11 (9)
reg.47 amended by Food Labelling 1999 reg.10
reg.47 amended by Genetically Modified and Novel Foods (Labelling) 2000 reg.11(9)
reg. 47(b) words substituted by Food (Provisions relating to Labelling) 2004 reg. 4
reg. 47(b) words substituted by Food (Provisions relating to Labelling) 2003 reg. 4
reg. 47(b) words substituted by Food Labelling Amendment 2003 reg. 4(1)(2)
reg. 47 revoked by Official Feed and Food Controls 2005 Sch. 6 Pt. 1
reg. 47 revoked by Official Feed and Food Controls 2005 Sch. 6

In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—

(a)

that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and

(b)

that the legislation complies with the provisions of Council Directive 79/112/EEC^f1 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended^f2, in the case of export to an EEA State.

Annotations

Footnotes

f1: OJ No. L33, 8.2.79, p.1.
f2: Act concerning the Conditions of Accession and Adjustment to the Treaties—Accession to the European Communities of the Kingdom of Spain and the Portuguese Republic (OJ No. L302, 15.11.85, p.218), Council Directive 85/7/EEC (OJ No. L2, 3.1.85, p.22), Council Directive 86/197/EEC (OJ No. L144, 29.5.86, p.38), Council Directive 89/395/EEC (OJ No. L186, 30.6.89, p.17), Commission Directive 91/72/EEC (OJ No. L42, 15.2.91, p.27), Commission Directive 93/102/EEC (OJ No. L291, 25.11.93, p.14), as read with the EEA Agreement (OJ No. L1, 3.1.94, p.1).