Paragraph 4 Upward variation of the 8°C temperature by manufacturers etc.

England and Wales

(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.