11. 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 1st August 2004; and
(b)the matters constituting the alleged offence would not have constituted an offence under the Honey (Scotland) Regulations 1976(1) if those Regulations had been in force when the food was marked or labelled.