Paragraph 3 General exemptions from the chill holding requirements

England and Wales

Sub-paragraphs (1) and (3) of paragraph 2 does not apply in relation to—

(a)

food which—

(i)

has been cooked or reheated,

(ii)

is for service or on display for sale, and

(iii)

needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins;

(b)

food which, for the duration of its shelf life may be kept at ambient temperatures with no risk to health;

(c)

food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but not where—

(i)

after or by virtue of that process the food was contained in a hermetically sealed container, and

(ii)

that container has been opened;

(d)

food which must be ripened or matured at ambient temperatures, but not when the process of ripening or maturation is completed;

(e)

raw food intended for further processing (including cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;

(f)

food to which F1Commission Regulation 543/2008 and Regulation 1308/2013 apply; and

(g)

food to which F2Commission Regulation 589/2008 and Regulation 1308/2013 apply.

Annotations

Textual amendments

F1: Words in Sch. 4 para. 3(f) substituted (26.7.2018) by The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 11(8)(a)(i)
F2: Words in Sch. 4 para. 3(g) substituted (26.7.2018) by The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 11(8)(a)(ii)