Regulation 6A Defence for exportsF1

In any proceedings for an offence of contravening food law it shall be a defence for the accused to prove that—

(a)

the item in respect of which the offence is alleged to have been committed was intended for export to a country that is not a member State and that the item could lawfully be exported there under Article 12 of Regulation (EC) No. 178/2002; or

(b)

the item in respect of which the offence is alleged to have been committed was intended for export to a member State and that—

(i)

the legislation applicable to that item in that member State is compatible with the applicable provisions of food law (except in so far as it relates to feed produced for or fed to food producing animals) at Community level, and

(ii)

the item complies with that legislation.

Annotations

Textual amendments

F1: Reg. 6A inserted (1.1.2006) by The Official Feed and Food Controls Regulations (Northern Ireland) 2005 (S.R. 2005/574), regs. 1, 41(5)