9

A person is not considered to have contravened or failed to comply with Article 5(1) of Regulation 853/2004 if—

a

in the case of a health mark or an identification mark—

i

the health mark or identification mark was applied to a product of animal origin before IP completion day; and

ii

the health mark or identification mark complied with Article 5(1) as that Article applied immediately before IP completion day; or

b

an identification mark is applied to a product of animal origin, on or after the day on which the Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 20215 came into force and before the end of 30 September 2022, in accordance with Article 5(1), as that Article applied immediately before IP completion day, using a label, wrapping or packaging bearing that identification mark which is owned by the food business operator immediately before IP completion day.