2.—(1) The Food Labelling Regulations 1996(1) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 50 (transitional provision), after paragraph (13) insert–
“(14) In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that–
(a)the food concerned was sold before 23rd December 2008 or marked or labelled before that date; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2(3) of the Food Labelling (Declaration of Allergens) (Scotland) Regulations 2007(2) had not been in force when the food was sold.”.
(3) In Schedule AA1 (allergenic ingredients)–
(a)after paragraph 2 insert “2(a). Molluscs”;
(b)after paragraph 6 insert “6(a). Lupin”.