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Paragraph 5 Chill holding tolerance periods

United Kingdom

(1)

In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it shall be a defence for the accused to prove that the food —

(a)

was for service or on display for sale;

(b)

had not previously been kept for service or on display for sale at a temperature above 8 °C or, where a recommendation has been made pursuant to sub-paragraph (1) of paragraph 4, the recommended temperature; and

(c)

had been kept for service or on display for sale for a period of less than four hours.

(2)

In any proceedings for an offence consisting of a contravention of sub-paragraph (1) of paragraph 2, it shall be a defence for the accused to prove that the food —

(a)

was being transferred —

(i)

from premises at which the food was going to be kept at or below 8 °C or in appropriate circumstances the recommended temperature to a vehicle used for the purposes of a food business, or

(ii)

to such premises from such a vehicle; or

(b)

was kept at a temperature above 8 °C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as —

(i)

to accommodate the practicalities of handling during and after processing or preparation,

(ii)

the defrosting of equipment, or

(iii)

temporary breakdown of equipment,

and was kept at a temperature above 8 °C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.