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13. In any proceedings for an offence consisting of a contravention of regulation 11 or 12, it shall be a defence to prove that—
(a)the act constituting the offence was committed before 29th January 2006;
(b)the act constituting the offence was that of—
(i)selling a sweetener or food, or
(ii)using a sweetener in or on food,
which in either case was placed on the market before 29th July 2005; and
(c)the act constituting the offence would not have constituted an offence under the Sweeteners in Food Regulations 1995(1) had the amendments made by regulations 3(1)(a) and (c) and (2) and 4, 5, 6 and 7 of the Sweeteners in Food (Amendment) (England) Regulations 2004(2) not been in force when the act occurred.
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