PART IITemperature Control Requirements in England and Wales
Upward variation of the 8°C temperature by manufacturers etc.6
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.