Regulation 6 Amendments to the Sweeteners in Food Regulations 1995

In regulation 11 (transitional provision and exemption) after paragraph (1A) there shall be inserted the following paragraph —

“(1B)

In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5 it shall be a defence to prove that —

(a)

the act was committed before 29th January 2006;

(b)

the act was that of —

(i)

selling a sweetener or food,

(ii)

using a sweetener in or on food,

which in either case was placed on the market before 29th July 2005; and

(c)

the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(a) or (c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004 had not been made when the act was committed.”.