6. In regulation 11 (transitional provision and exemption) after paragraph (1A) insert the following paragraph —
“(1B) In any proceedings for an offence under these Regulations which allege a contravention of regulations 3, 4 or 5 it is a defence to prove that —
(a)the act was committed before 29th January 2006;
(b)the act was that of —
(i)selling a sweetener or food,
(ii)using a sweetener in or on food,
which in either case was placed on the market before 29th July 2005; and
(c)the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3(1)(c) or (2), or 4 to 7 of the Sweeteners in Food (Amendment) (Wales) Regulations 2005 had not been made when the act was committed.”.