5.—(1) In any proceedings for an offence consisting of a contravention of sub–paragraph (1) of paragraph 2, 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 sub–paragraph (1) of paragraph 4, 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 sub–paragraph (1) of paragraph 2, 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.