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The Food Labelling (Amendment) Regulations 1989

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14.—(1) In any proceedings in respect of an act done before 17th July 1989 which is alleged to constitute a contravention of paragraph (1) of regulation 31 of the principal Regulations, the defendant shall not be convicted of an offence under the principal Regulations unless the prosecution prove that such an act would have constituted a contravention of regulation 31, as substituted for that regulation by regulation 7 of these Regulations, if it had been in force when the act was done.

(2) Until 17th July 1989, where there is displayed the alcoholic strength of an alcoholic drink specified in regulation 31A(1) of the principal Regulations as amended by regulation 7 of these Regulations, the tolerances prescribed by regulation 31A(3) shall apply.

(3) In any proceedings in respect of an act which is alleged to constitute a contravention of regulation 31(1) or regulation 31A(2)(a) of the principal Regulations, as amended by regulation 7 of these Regulations, the defendant shall not be convicted of an offence under the principal Regulations, as so amended, where that act was done in relation to a drink prepacked before 1st May 1989, which was marked or labelled in accordance with regulation 31 of the principal Regulations before amendment by regulation 7 of these Regulations, or a drink sold otherwise than prepacked and the container from which that drink was dispensed to the ultimate consumer was prepacked before that date.

(4) In any proceedings in respect of an act which is alleged to constitute a contravention of regulation 31A(2)(b) of the principal Regulations as amended by regulation 7 of these Regulations, the defendant shall not be convicted of an offence under the principal Regulations as so amended, where the container from which the wine or grape must, sparkling wine or aerated sparkling wine was dispensed to the ultimate consumer—

(a)was prepacked before 1st May 1988; or

(b)in the case of wines or grape musts in so far as their labelling is regulated by Council Regulation (EEC) No. 355/79, or in the case of sparkling wines or aerated sparkling wines in so far as their labelling is regulated by Council Regulation (EEC) No. 3309/85

(i)bore a label printed before 1st May 1988 and affixed before 1st May 1989; or

(ii)was directly labelled in manufacture before 1st May 1988 and prepacked before 1st May 1990.

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