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Chapter: | 132BD
 | Title: | PRESERVATIVES IN FOOD REGULATION | Gazette Number: | L.N. 85 of 2008 |
| Section: | 10A | Heading: | Transitional: Continued application of repealed provisions during transitional period | Version Date: | 01/07/2008 |
(1) During the transitional period, a person who imports, manufactures for sale or sells any article of food that contains a preservative or an antioxidant (as defined in the Amended Regulation) does not contravene section 3 if the importation, manufacture for sale or sale would not have contravened any provision of regulation 3 of the former Regulations.
(2) During the transitional period, a person does not contravene section 4 if the antioxidant (as defined in the Amended Regulation) that the food to which the label, advertisement or description relates has in it or on it was not an antioxidant within the meaning of the former Regulations.
(3) During the transitional period, a person does not contravene section 5(1) if the substance that—
(a) is sold by the person; and
(b) is recommended for use as a preservative or an antioxidant in food (as defined in the Amended Regulation),
was not a preservative or an antioxidant within the meaning of the former Regulations.
(4) During the transitional period, a person who sells or advertises for sale, a preservative or an antioxidant (as defined in the Amended Regulation), with a view to its use in the preparation of food, does not contravene section 5(3) if the sale or advertisement would not have contravened regulation 5(3) of the former Regulations.
(5) During the transitional period, if any food sold, consigned or delivered by a person contains an added preservative or antioxidant that was specified as permissible in the case of such food in the First Schedule of the former Regulations, the person does not contravene section 6 if the food is sold, consigned or delivered in accordance with regulation 6 of the former Regulations.
(6) To avoid doubt it is stated that the provisions of the former Regulations that are necessary to give effect to this section continue to apply to the extent necessary, despite their repeal or amendment by the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008).
(7) To avoid doubt it is stated that this section (the purpose of which is to enable the continued application of the former Regulations as an alternative to the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008)) does not limit or prejudice the application of the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008).
(8) In this section—
“Amended Regulation” (經修訂規例) means the former Regulations as amended by the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008);
“former Regulations” (舊有規例) means the Preservatives in Food Regulations (Cap 132 sub. leg. BD) as they were in force immediately before the commencement* of the Preservatives in Food (Amendment) Regulation 2008 (L.N. 85 of 2008);
“transitional period” (過渡期) means the period beginning on 1 July 2008 and ending on 30 June 2010 (both dates inclusive).(L.N. 85 of 2008)
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Note:
* Commencement date: 1 July 2008.