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The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003

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Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998

3.—(1) In regulation 10 (offences), after paragraph (20) there shall be inserted–

(21) In any proceedings for an offence under these Regulations, it shall be a defence to prove that–

(a)the act constituting the offence was committed in relation to a plastic material or article intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2004, and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (22) had not been in force at the time that matter occurred; or

(b)the act constituting the offence was committed in relation to a plastic material or article intended to come into contact with food which was manufactured in or imported into the European Community before 1st March 2003, and that the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and regulation 6 of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003 had not been in force at the time that matter occurred.

(22) The provisions referred to in paragraph (21)(a) are all the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2003, except in so far as they relate to the monomer divinylbenzene..

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