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Regulation 6 Upward variation of the 8°C temperature by manufacturers etc.

Original text. Later amendments are not shown.

(1)

In any proceedings for an offence of contravening regulation 4(1), it shall be a defence for a person charged (for the purposes of this regulation called “the defendant”) to prove that—

(a)

a food business responsible for manufacturing, preparing or processing the food 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 defendant is that food business, been communicated to the defendant 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 defendant 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 shall 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.