SCHEDULE 4TEMPERATURE CONTROL REQUIREMENTS

Hot holding defences

7.

In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that —

(a)

a well–founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or re–heating, the food is held for service or on display for sale —

(i)

at a holding temperature which is below 63°C, and

(ii)

for a period not exceeding any period of time specified in that scientific assessment; and

(b)

at the time of the commission of the alleged offence, the food was held in a manner which was justified in the light of that scientific assessment.

(2)

In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that the food —

(a)

had been kept for service or on display for sale for a period of less than two hours; and

(b)

had not previously been kept for service or on display for sale by that person.