SCHEDULE 4TEMPERATURE CONTROL REQUIREMENTS
Chill holding tolerance periods5
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.