5 Amendment to the Food Supplements (Wales) Regulations 2003 (English language text)
1 Regulation 12 (transitional provision) of the English language text of the Food Supplements (Wales) Regulations 2003 is amended as follows.
S.I. 2003/1719 (W. 186), amended by S.I. 2009/3252 (W. 282), which inserted regulation 12, 2014/2303 (W. 227) and 2019/179 (W. 45). There are other amendments which are not relevant to these Regulations.
2 The existing paragraph is re-numbered as paragraph (1).
3 After the re-numbered paragraph (1), insert—

“2 In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) zinc was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th February 2023; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th February 2023.”

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4 After paragraph (2), insert—

“3 In any proceedings for an offence under regulation 9 relating to a breach of regulation 6 or 7 consisting of a contravention of, or a failure to comply with, regulation 6(3)(b), it shall be a defence to prove that—
(a) copper was used in the manufacture of the food supplement and the food supplement was marked or labelled before 10th August 2024; and
(b) the matters constituting the alleged offence would not have constituted an offence under these Regulations as they had effect immediately before 10th August 2024.”

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