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The Food Additives (Scotland) Regulations 2009

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10.—(1) In any proceedings for an offence consisting of a contravention of regulation 8(1) where it is alleged that a miscellaneous additive failed to satisfy the purity criteria for that additive, it shall be a defence for the accused to show—

(a)that the miscellaneous additive concerned is E431-E436 or polyethylene glycol 6000 and that the miscellaneous additive concerned or any food in or on which it was used was placed on the market or labelled before 1st November 2004; or

(b)that the miscellaneous additive concerned is E407, E407A, E1517 or E1519 and that the miscellaneous additive concerned or any food in or on which it was used was placed on the market or labelled before 1st April 2005,

and that the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995(1) had the amendments made to them by regulation 3 of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2004(2) not been in force when that matter occurred.

(2) In any proceedings for an offence consisting of a contravention of regulation 8 or 9 in respect of any food additive, food or flavouring, it shall be a defence to prove that—

(a)the food additive, food or flavouring concerned was placed on the market or labelled before 27th January 2006; and

(b)the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995 had the amendments made to them by regulations 3 to 6, 7(b), 8, 9(a), 10, 11(a) to (c), (e) to (i), (k) and (l) of the Miscellaneous Food Additives Amendment (Scotland) Regulations 2005(3) not been in force when the food additive, food or flavouring was placed on the market or labelled.

(3) In any proceedings for an offence consisting of a contravention of regulation 8 or 9 in respect of any food additive or food, it shall be a defence to prove that—

(a)the food additive or food concerned was placed on the market or labelled before 15th August 2008; and

(b)the matter constituting the offence would not have constituted an offence under the Miscellaneous Food Additives Regulations 1995 had the amendments made to them by regulations 5(a), 6(a), (b) and (d), and 8 of the Miscellaneous Food Additives and the Sweeteners in Food Amendment (Scotland) Regulations 2007(4) not been in force when the food additive or food was placed on the market or labelled.

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