4. In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1C) the following paragraph—
“(1D) In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that—
(a)the food additive or food concerned was put on the market or labelled before 1 March 2002; and
(b)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 (b) and (c) and 8 of the Miscellaneous Food Additives (Amendment) (Wales) Regulations 2002 had not been in force when that matter occurred.”.