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12. In regulation 50 (transitional provision) there shall be inserted at the end the following paragraphs–
“(5) The following provisions of these Regulations shall not apply in relation to the sale of any relevant food before 19th September 1999–
(a)regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, and
(6) In any proceedings for an offence in relation to any relevant food under–
(a)regulation 44(1)(a), as read with regulation 36 or 38, in relation to the particulars with which food is required to be marked or labelled by Regulation 1139/98, or
it shall be a defence to prove that the food was prepared using an ingredient which was on sale before 1st September 1998.
(7) For the purposes of paragraphs (5) and (6) of this regulation, “relevant food” means food which–
(a)is sold to the ultimate consumer, and
(i)not prepacked, or
(ii)prepacked for direct sale.”.
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