Paragraph 5 Chill holding tolerance periods
United Kingdom
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 —
was for service or on display for sale;
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
had been kept for service or on display for sale for a period of less than four hours.
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 —
was being transferred —
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
to such premises from such a vehicle; or
was kept at a temperature above 8 °C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as —
to accommodate the practicalities of handling during and after processing or preparation,
the defrosting of equipment, or
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.