Defence in relation to exports
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
“EEA Agreement” means the Agreement on the European Economic Area(2) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(3) signed at Brussels on 17th March 1993.
OJ No. L55, 6.3.96, p. 22.
OJ No. L1, 3.1.94, p. 1.
OJ No. L1, 3.1.94, p. 571.