Regulation 9 Hot holding defences

(1)

In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that—

(a)

a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or reheating, the food is held for service or on display for sale—

(i)

at a holding temperature which is below 63°C, and

(ii)

for a period not exceeding a specified period of time; and

(b)

at the time of the commission of the alleged offence, the food was held in a manner which is justified in the light of that scientific assessment.

(2)

In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that the food—

(a)

had been kept for service or on display for sale for a period of less than two hours; and

(b)

had not previously been kept for service or on display for sale by that person.