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6.—(1) A person who contravenes or fails to comply with the provisions of regulations 3(3) or 4(1) or (3) is guilty of an offence.
(2) A person found guilty of an offence under paragraph (1) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both; or
(b)on conviction on indictment, to a fine or to a term of imprisonment not exceeding two years or to both.
(3) In proceedings for an offence in respect of failure to comply with regulation 4 it shall be a defence to prove that the ceramic article to which the offence relates was first placed on the market in the Community before 20th May 2007.
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