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3.—(1) The Medical Food (England) Regulations(1) are amended in accordance with paragraph (2).
(2) The following regulation is inserted immediately after regulation 7 (application of various provisions of the Food Safety Act 1990)—
8. In respect of any contravention before 1st January 2010, no person commits an offence under regulation 5(a) consisting of a contravention of regulation 3(1)(a) where the action that would otherwise constitute the offence consists of selling a medical food whose composition fails to comply with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table I (minerals) in the Annex to the Directive if the composition of that medical food would have complied with Article 3 of the Directive as read with the row relating to manganese set out in the second part of Table I (minerals) in the Annex to the Directive as it stood before it was amended by Commission Directive 2006/141/EC on infant formulae and follow-on formulae and amending Directive 1999/21/EC.”.
S.I. 2000/845, amended by S.I. 2007/3521; there are other amending instruments but none is relevant.
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