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6. In regulation 10 (offences) –
(a)for paragraph (19) there shall be substituted –
“(19) In any proceedings for an offence under regulation 3(1)(b) in relation to the requisite standards applicable to adhesives and materials and articles covered by a surface coating it shall be a defence to prove that –
(a)the adhesive, material or article was brought into contact with food before 28th February 2003;
(b)the date of filling (or subject to paragraph (24) a coded indication of the date of filling) of the material or article concerned appeared on the adhesive, material or article at the time of sale; and
(c)the labelling or marking with the particulars mentioned in sub-paragraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.”(1);
(b)paragraph (20) shall be omitted;
(c)immediately after paragraph (22) there shall be added –
“(23) In any proceedings for an offence under regulations 3(1)(b) in relation to the sale as from 2nd August 2005 of a plastic material or article containing azodicarbonamide with reference number 36640 in Part I of Schedule 2 it shall be a defence to prove that –
(a)the plastic material or article was brought into contact with food before 2nd August 2005;
(b)the date of filling (or subject to paragraph (24) a coded indication of the date of filling) of the material or article concerned appeared on the plastic material or article concerned at the time of sale; and
(c)the labelling or marking with the particulars mentioned in sub-paragraph (b) at the time of sale complied with the requirements as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and of the Council.
(24) For the purposes of paragraph (19)(b) and paragraph (23)(b) the date signified by a coded indication shall have been made available on request to the Food Standards Agency and the enforcement authority.”.
O.J. No. L109, 6.5.2000, p. 29
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