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The Food Labelling (Nutrition Information) (England) Regulations 2009
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- 2009 No. 2538
- Regulation 3
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3. In regulation 50 (transitional provision), after paragraph (15) add the following as paragraph (16) —
“(16) In any proceedings for an offence under regulation 44(1)(b) it shall be a defence to prove that —
(a)the food concerned —
(i)if sold, was sold before the 31st October 2012, and
(ii)if advertised for sale, was advertised for sale before 31st October 2012 but not on or after that date; and
(b)the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Nutrition Information) (England) Regulations 2009(1) had not been in operation when the food was sold or advertised, as the case may be.”
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