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The Materials and Articles in Contact with Food (Wales) Regulations 2005

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Saving and transitional provisions and defences

10.—(1) Notwithstanding the revocations in regulation 16, in relation to regenerated cellulose film manufactured before 29th April 1994 the defences in regulation 6A of the Materials and Articles in Contact with Food Regulations 1987(1) shall apply in relation to offences under these Regulations in like manner as they applied to offences under the equivalent provisions in those Regulations.

(2) In any proceedings for an offence under regulation 8(3), (4), (6) or (7), or regulation 9(1) or (3) it shall be a defence to prove that —

(a)the act constituting the offence was committed in relation to a material or article made with regenerated cellulose film which was manufactured or imported into the European Community before 29 January 2006; and

(b)the act constituting the offence would not have constituted an offence under the Materials and Articles in Contact with Food Regulations 1987 immediately before the coming into force of these Regulations.

(3) In any proceedings for an offence under these Regulations it shall be a defence to prove that the material or article in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the material or article complies with that legislation.

(1)

S.I. 1987/1523, as amended by S.I. 1991/1476 and S.I. 1994/979.

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