Clause 13

by deleting the word “appliance” in subsections (1) and (2) and substituting in each case the words “food contact article”;

by inserting, immediately after subsection (3), the following subsections:“(4) Without affecting section 32, in any proceedings for an offence under subsection (3) in relation to the publication of an advertisement in contravention of subsection (2), it is a defence to the charge for the defendant to prove, on a balance of probabilities —

that —

the defendant was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available; and

the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or

that the defendant —

carried on the business of publishing or arranging for the publication of advertisements; and

published or arranged for the publication of the advertisement in question in the ordinary course of that business.(5) However, subsection (4) does not apply if the defendant concerned —

ought reasonably to have known that the publication of the advertisement was an offence under subsection (3); or (b)had previously been informed in writing by or on behalf of the Authority that publication of such an advertisement would constitute an offence under subsection (3).”; and

by deleting the word “appliance” in the section heading and substituting the words “food contact article”.