The Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Wales) Regulations 2008

Defence of due diligence

8.—(1) In any proceedings for an offence under these Regulations it will, subject to paragraph (4), be a defence for the person accused to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or herself or by a person under his or her control.

(2) Without prejudice to the generality of paragraph (1), a person accused of an offence under regulation 4(1)(a) who did not —

(a) prepare the lid in respect of which the offence is alleged to have been committed; nor

(b) import it into the United Kingdom,

is to be taken to have established the defence provided by paragraph (1) if he or she satisfies the requirements of paragraph (3).

(3) A person satisfies the requirements of this paragraph if he or she proves —

(a) that the commission of the offence was due to the act or default of some other person who was not under his or her control, or to reliance on information supplied by such a person;

(b) that the placing on the market of which the alleged offence consisted was not a placing on the market under his or her name or mark;

(c) that either —

(i) he or she carried out all such checks of the lid in question as were reasonable in all the circumstances, or

(ii) it was reasonable in all the circumstances for him or her to rely on checks carried out by the person who supplied him or her with the lid in question; and

(d) that he or she did not know and had no reason to suspect at the time the offence was committed that his or her act or omission would amount to an offence under regulation 4(1)(a).

(4) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the person accused will not without leave of the court be entitled to rely on that defence unless —

(a) at least seven clear days before the hearing; and

(b) where he or she has previously appeared before the court in connection with the alleged offence, within one month of his or her first such appearance, he or she has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in his or her possession.