{
  "url": "https://openlegislation.uk/food-hygiene-wales-regulations-2006/schedule-4/paragraph-4",
  "json_url": "https://openlegislation.uk/food-hygiene-wales-regulations-2006/schedule-4/paragraph-4.json",
  "legislation": "wsi/2006/31",
  "legislation_title": "The Food Hygiene (Wales) Regulations 2006",
  "legislation_url": "https://openlegislation.uk/food-hygiene-wales-regulations-2006",
  "path": "schedule/4/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Upward variation of the 8°C temperature by manufacturers etc.",
  "text": "(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—\n(a) a food business responsible for manufacturing, preparing or processing the food, including, where relevant, the accused, has recommended that it is kept—\n(i) at or below a specified temperature between 8°C and ambient temperatures, and\n(ii) for a period not exceeding a specified shelf life;\n(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;\n(c) the food was not kept by the accused at a temperature above the specified temperature; and\n(d) at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.\n(2) A food business responsible for manufacturing, preparing or processing food must not recommend that any food is kept—\n(a) at or below a specified temperature between 8°C and ambient temperatures; and\n(b) for a period not exceeding a specified shelf life,\nunless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2006/31/schedule/4/paragraph/4",
    "retrieved_at": "2026-10-29T00:04:51.733241+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}