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12. In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that—
(a)the food concerned was marked or labelled before 3rd August 2003, and
(b)the matters constituting the alleged offence would not have constituted an offence under the Cocoa and Chocolate Products Regulations 1976 as they stood immediately before the date of coming into force of these Regulations.
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