Amendment of The Miscellaneous Food Additives Regulations (Northern Ireland) 1996
4. In regulation 11, after paragraph (1D), there shall be inserted –
“(1E) In any proceedings for an offence in contravention of regulation 3(1) where it is alleged that a food additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show either –
(a)that the food additive concerned is E431-E436, or polyethylene glycol 6000 and the food additive or food concerned was put on the market or labelled before 1st November 2004; or
(b)that the food additive concerned is E407, E407a, E1517 or E1519 and the food additive or food concerned was put on the market or labelled before 1st April 2005;
and that that matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 3 of the Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 2004 had not been in operation when that matter occurred.”