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8.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove—
(a)that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food complies with that legislation; and
(b)that the legislation complies with the provisions of Commission Directive 96/8/EC(1) on foods intended for use in energy-restricted diets for weight reduction, in the case of export to an EEA State.
(2) In this regulation—
“EEA State” means a State which is a Contracting Party to the EEA Agreement; and
OJ No. L55, 6.3.96, p. 22.
OJ No. L1, 3.1.94, p. 1.
OJ No. L1, 3.1.94, p. 571.