SCHEDULES
SCHEDULE 4TEMPERATURE CONTROL REQUIREMENTS
Hot holding defences7
1
In any proceedings for an offence consisting of a contravention of paragraph 6, it will 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 will 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.