PART 3Execution and Enforcement
Transitional defence relating to PVC gaskets containing epoxidised soybean oil21.
(1)
In any proceedings for an offence under regulation 3 concerning the sale of a glass jar—
(a)
which contains
(i)
infant formulae or follow-on formulae as defined by Commission Directive 2006/141/EC18, or
(ii)
processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 2006/125/EC19, and
(b)
the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No. 88640 in Section A of Annex III,
it is a defence to prove the matters set out in paragraph (2).
(2)
The matters to be proved are that —
(a)
the PVC gasket mentioned in paragraph (1)(b) was compliant with the relevant restrictions and specifications in column 4 at Item 259A of Part 1 of Schedule 2 to the Plastic Materials and Articles in Contact with Food (Wales) Regulations 200620;
(b)
the glass jar was filled and sealed before 19 November 2006;
(c)
the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and
(d)
the labelling or marking with the particulars mentioned in sub-paragraph (c) at the time of sale complied with the requirements relating to durability in Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council21.
(3)
A person may not without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(c).