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Regulation 11 Transitional provision and exemptions

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

(1)

In any proceedings for an offence against these Regulations it shall be a defence to prove that—

(a)
(i)

the act was committed before 25th March 1997, or

(ii)

the act was that of selling a food additive or a food which, in either case, was put on the market or labelled before 25th March 1997; and

(b)

the matter constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the food additive or, as the case may be, the food was put on the market or labelled.

(2)

These Regulations shall not apply in respect of any food additive or, as the case may be, food which—

(a)

is brought into Great Britain before 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)

is suitably labelled to give the nature of the food additive or, as the case may be, the food.

(3)

In so far as the purity criteria specified or referred to in Schedule 5 are not set out in any Community instrument, those purity criteria shall not apply in relation to any food additive or, as the case may be, food which—

(a)

is brought into Great Britain on or after 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)

is suitably labelled to give the nature of the food additive or, as the case may be, the food.

(4)

For the purposes of paragraphs (2) and (3) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.