Transitional provisions9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that–
a
the food concerned was marked or labelled before 12th July 2004; and
b
the matters constituting the alleged offence would not have constituted an offence under the Jam and Similar Products (Scotland) Regulations 198110 if those Regulations had been in force when the food concerned was marked or labelled.