2.—(1) Subject to sub-paragraph (2) and paragraph 3, any person who keeps any food—
(a)which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and
(b)with respect to which any commercial operation is being carried out,
at or in food premises at a temperature above 8°C will be guilty of an offence.
(2) Sub-paragraph (1) will not apply in relation to any food which, as part of a mail order transaction, is being conveyed to the final consumer.
(3) Subject to paragraph 3, no person may supply by mail order any food which—
(a)is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and
(b)is being or has been conveyed by post or by a private or common carrier to the final consumer,
at a temperature which has given rise to or is likely to give rise to a risk to health.