# The Food Hygiene (Wales) Regulations 2006, Paragraph 4: Upward variation of the 8°C temperature by manufacturers etc.

Extent: E+W

(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.

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Source: https://www.legislation.gov.uk/wsi/2006/31/schedule/4/paragraph/4 (the official version)
Page: https://openlegislation.uk/food-hygiene-wales-regulations-2006/schedule-4/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.