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.