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4.—(1) In any proceedings in respect of an act done before 28th December 1988 which is alleged to constitute an offence under the Coffee and Coffee Products (Scotland) Regulations 1979, the accused shall not be convicted of an offence—
(a)against regulation 5 unless the prosecution prove that the act alleged would have constituted an offence against regulation 5 or 5A as substituted for that regulation by regulation 2 of these Regulations if it had been in force when the act was done;
(b)against regulation 6 unless the prosecution prove that the act alleged would have constituted an offence against regulation 6 as substituted for that regulation by regulation 2 of these Regulations if it had been in force when the act was done.
(2) In any proceedings in respect of an alleged failure before 28th December 1988 to mark or label with a list of ingredients in accordance with Part III of the Food Labelling (Scotland) Regulations 1984 any coffee, coffee mixture, coffee extract product, chicory extract product or other designated product as defined in the Coffee and Coffee Products (Scotland) Regulations 1979, which is ready for delivery to a catering establishment, the accused shall not be convicted of an offence.
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