Regulation 12 Transitional provisionF1
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of or a failure to comply with regulation 6 (3)(e), it shall be a defence to prove that—
the food supplement concerned was sold before the 31st October 2012; and
the matters constituting the alleged offence would not have constituted an offence under those Regulations if the amendments made by regulation 2(2) and (6)(b) of the Food Supplements (England) and Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2009 had not been in operation when the food was sold.
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.
In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
copper was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th August 2024; and
the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th August 2024.
Annotations
Textual amendments
- F1
Reg. 12 added (1.1.2010) by The Food Supplements (England) and Addition of Vitamins, Minerals and Other Substances (England) (Amendment) Regulations 2009 (S.I. 2009/3251), regs. 1, 2(7)
- F2
Words in reg. 12 renumbered as reg. 12(1) (10.2.2023) by The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023 (S.I. 2023/131), regs. 1(2), 3(2)
- F3
Reg. 12(2) inserted (10.2.2023) by The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023 (S.I. 2023/131), regs. 1(3), 3(3)
- F4
Reg. 12(3) inserted (10.8.2024) by The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023 (S.I. 2023/131), regs. 1(4), 3(4)