Food Citation, commencement and extent 1 1 These Regulations may be cited as the Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023. 2 Subject to paragraphs (3) and (4), these Regulations come into force on 10th February 2023. 3 This regulation and regulation 2 come into force at 11.59 p.m. on 9th February 2023. 4 The following come into force on 10th August 2024— a regulation 3(4); b regulation 4(4); c regulation 5(4); d regulation 6(4). 5 Any amendment made by these Regulations has the same extent as the provision amended. Amendment to the Food Supplements and Food for Specific Groups (Miscellaneous Amendments) Regulations 2023 2 1 The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) Regulations 2023 are amended as follows. 2 For regulation 1(2), substitute— 2 Subject to paragraph (2A), these Regulations come into force on 10th February 2023. . 3 After regulation 1(2), insert— 2A Regulation 6(2)(a) comes into force on 10th August 2024. . Amendment to the Food Supplements (England) Regulations 2003 3 1 Regulation 12 (transitional provision) of the Food Supplements (England) Regulations 2003 is amended as follows. 2 The existing paragraph is re-numbered as (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. . 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. . Amendment to the Food Supplements (Scotland) Regulations 2003 4 1 Regulation 12 (transitional provision) of the Food Supplements (Scotland) Regulations 2003 is amended as follows. 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. . 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. . Amendment to the Food Supplements (Wales) Regulations 2003 (English language text) 5 1 Regulation 12 (transitional provision) of the English language text of the Food Supplements (Wales) Regulations 2003 is amended as follows. 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. . 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. . Amendment to the Food Supplements (Wales) Regulations 2003 (Welsh language text) 6 1 Regulation 12 (darpariaeth drosiannol) of the Welsh language text of the Food Supplements (Wales) Regulations 2003 (Rheoliadau Ychwanegion Bwyd (Cymru) 2003) is amended as follows. 2 The existing paragraph is re-numbered as paragraph (1). 3 After the re-numbered paragraph (1), insert— 2 Mewn unrhyw achosion am dramgwydd o dan reoliad 9 sy’n ymwneud â thorri rheoliad 6 neu 7 drwy fynd yn groes i reoliad 6(3)(b) neu fethu â chydymffurfio ag ef, bydd profi’r canlynol yn amddiffyniad— a bod zinc wedi’i ddefnyddio wrth weithgynhyrchu’r ychwanegyn bwyd a bod yr ychwanegyn bwyd wedi’i farcio neu wedi’i labelu cyn 10 Chwefror 2023; a b na fyddai’r materion sy’n dramgwydd honedig wedi bod yn dramgwydd o dan y Rheoliadau hynny fel yr oeddent yn cael effaith yn union cyn 10 Chwefror 2023. . 4 After paragraph (2), insert— 3 Mewn unrhyw achosion am dramgwydd o dan reoliad 9 sy’n ymwneud â thorri rheoliad 6 neu 7 drwy fynd yn groes i reoliad 6(3)(b) neu fethu â chydymffurfio ag ef, bydd profi’r canlynol yn amddiffyniad— a bod copr wedi’i ddefnyddio wrth weithgynhyrchu’r ychwanegyn bwyd a bod yr ychwanegyn bwyd wedi’i farcio neu wedi’i labelu cyn 10 Awst 2024; a b na fyddai’r materion sy’n dramgwydd honedig wedi bod yn dramgwydd o dan y Rheoliadau hynny fel yr oeddent yn cael effaith yn union cyn 10 Awst 2024. . Signed by authority of the Secretary of State for Health and Social Care Neil O’Brien Parliamentary Under Secretary of State, Department of Health and Social Care 7th February 2023