# The Food Safety and Hygiene (England) Regulations 2013, Paragraph 5: Chill holding tolerance periods

Extent: E+W+S+N.I.

(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.

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Source: https://www.legislation.gov.uk/uksi/2013/2996/schedule/4/paragraph/5 (the official version)
Page: https://openlegislation.uk/food-safety-and-hygiene-england-regulations-2013/schedule-4/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.