7. In any proceedings for an offence consisting of a contravention of regulation 3, 4, 5 or 6, it shall be a defence to prove that—
(a)the colour or food which is the subject of the proceedings was placed on the market or labelled before 1st April 2005; and
(b)the matter constituting the offence would not have constituted an offence under the Colours in Food Regulations 1995(1) as they stood immediately before the coming into force of the Colours in Food Amendment (Scotland) Regulations 2005(2).