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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–
(a)that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
(b)in the case of export to an EEA State, that the legislation complies with the provisions of Council Directive 2001/111/EC relating to certain sugars intended for human consumption(1).
O.J. No. L 10, 12.1.02, p.53, as adopted by EEA Joint Committee Decision 99/02 (O.J. No. L 298, 31.10.02, p.10).
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