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3. After regulation 7 of the Foods for Special Medical Purposes (Scotland) Regulations 2000(1) insert–
8. In respect of any contravention before 1st January 2010, no person commits an offence under regulation 5(a) consisting of a contravention of regulation 3(1)(a) where the action that would otherwise constitute the offence consists of selling a medical food the composition of which fails to comply with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table 1 (minerals) in the Annex to the Directive if the composition of that medical food would have complied with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table 1 (minerals) in the Annex to the Directive as it stood before it was amended by Commission Directive 2006/141/EC on infant formulae and follow on formulae and amending Directive 1999/21/EC.”.
S.S.I. 2000/130 as amended by S.S.I. 2004/395, 2005/616 and 2007/424 and 549.
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