4. In regulation 11 (transitional provisions and exemptions) there shall be inserted after paragraph (1B) the following paragraph—
“(1C) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—
(a)the food additive or food concerned was put on the market or labelled before 31st March 2001; and
(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2001 had not been made when that matter occurred.”.