# The Food Safety (Temperature Control) Regulations 1995, 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.

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Source: https://www.legislation.gov.uk/uksi/1995/2200/regulation/9 (the official version)
Page: https://openlegislation.uk/food-safety-temperature-control-regulations-1995/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.