PART II Temperature Control Requirements in England and Wales

6 Upward variation of the 8°C temperature by manufacturers etc.
1 In any proceedings for an offence of contravening regulation 4(1), it shall be a defence for a person charged (for the purposes of this regulation called “the defendant”) to prove that—
(a) a food business responsible for manufacturing, preparing or processing the food has recommended that it is kept—
(i) at or below a specified temperature between 8°C and ambient temperatures, and
(ii) for a period not exceeding a specified shelf life;
(b) that recommendation has, unless the defendant is that food business, been communicated to the defendant either by means of a label on the packaging of the food or by means of some other appropriate form of written instruction;
(c) the food was not kept by the defendant at a temperature above the specified temperature; and
(d) at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.
2 A food business responsible for manufacturing, preparing or processing food shall not recommend that any food is kept—
(a) at or below a specified temperature between 8°C and ambient temperatures; and
(b) for a period not exceeding a specified shelf life,
unless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.