Regulation 17 Transitional defence relating to PVC gaskets containing epoxidised soybean oil

(1)

In any proceedings for an offence under regulation 3 concerning the sale of a glass jar—

(a)

which contains

(i)

infant formula or follow-on formula as defined by Commission Directive 91/321/EC^f1, or

(ii)

processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 96/5/EC^f2, and

(b)

the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No.88640 in Section A of Annex III,

it is a defence to prove the matters set out in paragraph (2)

(2)

The matters to be proved are that —

(a)

the glass jar was filled and sealed before 19th November 2006;

(b)

the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and

(c)

the labelling or marking with the particulars mentioned in sub-paragraph (b) at the time of sale complied with the requirements relating to durability in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council^f3.

(3)

No person may without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(b).

Annotations

Footnotes

f1: OJ No.L175, 4.7.1991, p.35, as last amended by Directive 2003/14/EC (OJ No. L41, 14.2.2003, p.37)
f2: OJ No.L49, 28.2.1996, p.17, as last amended by Directive 2003/13/EC (OJ No. L41, 14.2.2003, p.33)
f3: OJ No. L109, 6.5.2000, p.29, as last amended by Directive 2003/89/EC (OJ No.L308, 25.11.2003, p.15).