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13. In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph—
“(4) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that—
(a)the food concerned was prepacked before 14th February 2000, and
(b)the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of the Food Labelling (Amendment) Regulations 1998, namely—
(i)regulations 3 and 14 and the Schedule (in so far as they include in the definition of “Directive 79/112” a reference to European Parliament and Council Directive 97/4/EC(1)),
(ii)regulation 4 (in so far as it substitutes a new regulation 3(1)(iii)), and
(iii)regulations 6 to 9, 15 and 16,
had not been made when the food was prepacked.”.
OJ No. L43, 14.2.97, p. 21.
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