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8. 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 13th September 2001; and
(b)the matters constituting the alleged offence would not have constituted an offence under the Coffee and Coffee Products (Scotland) Regulations 1979(1) if those Regulations had been in operation when the food was marked or labelled.
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