- Latest available (Revised)
- Point in Time (03/05/2006)
- Original (As made)
Version Superseded: 27/04/2008
Point in time view as at 03/05/2006.
There are currently no known outstanding effects for the The Food Hygiene (Scotland) Regulations 2006, SCHEDULE 4.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 30
1.—(1) Subject to sub-paragraph (2), this Schedule applies in relation to any person to whose food business operations Regulation 852/2004 applies but Regulation 853/2004 does not apply.
(2) This Schedule does not apply to food business operations on any ship or aircraft.
2.—(1) Subject to sub paragraph (2), any person who keeps food with respect to which any commercial operation is being carried out at or in food premises otherwise than–
(a)in a refrigerator or refrigerating chamber or in a cool ventilated place; or
(b)at a temperature above 63°C,
is guilty of an offence.
(2) Sub paragraph (1) shall not apply to any food–
(a)which is undergoing preparation for sale;
(b)which is exposed for sale or has been sold to a consumer whether for immediate consumption or otherwise;
(c)which, immediately following any process of cooking to which it is subjected or the final processing stage if no cooking process is applied, is being cooled under hygienic conditions as quickly as possible to a temperature which would not result in a risk to health;
(d)which, in order that it may be conveniently available for sale on the premises to consumers, it is reasonable to keep otherwise than as referred to in sub-paragraph (1);
(e)which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;
(f)to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry M1, as last amended by Council Regulation (EC) No. 1101/98 M2, applies; or
(g)to which Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs M3, as last amended by Council Regulation (EC) No. 2052/2003 M4, applies.
Marginal Citations
M1O.J. No. L 173, 6.7.90, p.1.
M2O.J. No. L 157, 30.5.98, p.12.
M3O.J. No. L 173, 6.7.90, p.5.
M4O.J. No. L 305, 22.11.03, p.1.
3.—(1) Food which in the course of a commercial operation has been heated and which is thereafter reheated before being served for immediate consumption or exposed for sale shall, on being reheated, be raised to a temperature of not less than 82°C.
(2) Any person who contravenes the provisions of sub paragraph (1) is guilty of an offence.
(3) In any proceedings for an offence under sub paragraph (2), it shall be a defence for the accused to prove that the food could not have been raised to a temperature of not less than 82°C without a deterioration of its qualities.
4. In this Schedule, “shelf life” means–
(a)in relation to food with respect to which an indication of minimum durability is required in accordance with regulation 20 of the Food Labelling Regulations 1996 M5 (form of indication of minimum durability), the period up to and including the date required to be included in that indication;
(b)in relation to food with respect to which a “use by” date is assigned in the form required in accordance with regulation 21 of the Food Labelling Regulations 1996 (form of indication of “use by” date), the period up to and including that date; and
(c)in relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety.
Marginal Citations
M5S.I. 1996/1499, to which there are amendments not relevant to these Regulations.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: