4. In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph —
“(10) In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that —
(a)the food concerned was sold before 1st July 2003 or marked or labelled before that date; and
(b)the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Food Labelling (Amendment) (Wales) Regulations 2003 had not been in operation when the food was sold.”.