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Defence in relation to exports

7.  In any proceedings under regulation 6(b) of these Regulations it shall be a defence for the person charged to prove–

(a)that the food 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 it complies with that legislation; and

(b)that the legislation complies with the Council Regulation and the Commission Regulation in the case of–

(i)export to a member State, or

(ii)where there is a decision of the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, export to an EEA State which is not a member State.