3.—(1) Subject to paragraph (2) below, these Regulations shall not apply in respect of any food brought into Wales from another part of the United Kingdom or a Member State (other than the United Kingdom), if –
(a)it was lawfully sold in the part of the UK or the Member State from which it is brought into Wales,
(b)it was produced in a Member State or was in free circulation in the part of the United Kingdom or the Member State from which it is brought into Wales, and
(c)the requirements of Regulation 1139/98 or Regulation 50/2000 (as applicable), as read in each case with Directive 79/112, are met in respect of that food.
(2) Nothing in paragraph (1) above shall prevent the enforcement of regulation 7(c).
(3) For the purposes of paragraph (1) above, “free circulation” has the same meaning as in Article 23(2) of the Treaty establishing the European Community.
(4) Any prepacked food, either contained in an indelibly marked glass bottle intended for re-use and having no label, ring or collar, or the largest surface of whose packaging has an area of less than ten square centimetres, need not be marked or labelled with the GMO particulars.