4.—(1) In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it will be a defence for the accused to prove that—
(a)a food business responsible for manufacturing, preparing or processing the food, including, where relevant, the accused, has recommended that it is kept—
(i)at or below a specified temperature between 8°C and ambient temperatures, and
(ii)for a period not exceeding a specified shelf life;
(b)that recommendation has, unless the accused is that food business, been communicated to the accused either by means of a label on the packaging of the food or by means of some other appropriate form of written instruction;
(c)the food was not kept by the accused at a temperature above the specified temperature; and
(d)at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.
(2) A food business responsible for manufacturing, preparing or processing food must not recommend that any food is kept—
(a)at or below a specified temperature between 8°C and ambient temperatures; and
(b) for a period not exceeding a specified shelf life,
unless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.