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5. In regulation 26 (small packages and certain indelibly marked bottles)—
(a)in paragraph (1), for the words from “by virtue of” to the end there shall be substituted
“—
(a)by virtue of these Regulations be marked or labelled with—
(i)any of the particulars specified in regulation 5 except the name of the food and, unless the food is not required to be marked or labelled with such an indication, the appropriate durability indication, or
(ii)any of the particulars specified in regulations 33 and 34, where but for this regulation they would otherwise be required, or
(b)be marked or labelled with the GMO particulars, where but for this regulation they would otherwise be required.”;
(b)in paragraph (3), for “particulars specified in regulations 32, 33 and 34” there shall be substituted “other particulars mentioned in paragraph (3A)”;
(c)after paragraph (3) there shall be inserted—
“(3A) The other particulars for the purposes of paragraph (3) are those specified in regulations 32, 33 and 34 and, in the case of any food to which paragraph (1) applies, the GMO particulars.”.
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