5.—(1) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—
(a)was for service or on display for sale;
(b)had not previously been kept for service or on display for sale at a temperature above 8°C or, where a recommendation has been made pursuant to paragraph 4(1), the recommended temperature; and
(c)had been kept for service or on display for sale for a period of less than four hours.
(2) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—
(a)was being transferred—
(i)from premises at which the food was going to be kept at or below 8°C or in appropriate circumstances the recommended temperature to a vehicle used for the purposes of a food business, or
(ii)to such premises from such a vehicle; or
(b)was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as—
(i)to accommodate the practicalities of handling during and after processing or preparation,
(ii)the defrosting of equipment, or
(iii)temporary breakdown of equipment,
and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.
Commencement Information
I1Sch. 4 para. 5 in operation at 11.1.2006, see reg. 1