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Food Safety (Temperature Control) Regulations 1995

 

 

Regulation 12

 

Temperatures at which certain foods are to be kept

 

1.    This regulation applies to any food intended for human consumption ("relevant food") which is not excluded by paragraph (2) of this regulation but is any of the following descriptions

 

(a)     soft cheeses (whether whole or cut) which have been ripened by the action of moulds or other micro-organisms;
 

(b)     cooked products (whether prepared ready for consumption or intended to be subjected to reheating or further cooking prior to consumption) comprising or containing
 

 (i) meat,

 (ii) fish,

 (iii) eggs,

 (iv) substances used as a substitute for meat, fish, or eggs,

 (v) cheese,

 (vi) cereals,

 (vii) pulses, or

 (viii) vegetables;

whether or not the food also includes other raw or partially cooked ingredients;
 

(c)     smoked or cured fish;

 

(d)     smoked or cured meat which has been cut or sliced after smoking or curing;
 

(e)     desserts, an ingredient of which is milk or anything used as a substitute for milk, and which have a pH value of 4.5 or more;
 

 (f)     prepared vegetable salads, including those containing fruit;
 

 (g)    cooked pies and pasties containing meat, fish and any substitute for meat or fish or vegetables encased in pastry, except (in each case) those into which nothing has been introduced after cooking and which are intended to be sold on the day of their production or the day after that day;
 

(h)     cooked sausage rolls, other than those intended to be sold on the day of their production or the day after that day;
 

 (i)     uncooked or partly cooked pastry and dough products containing meat, fish or any substance used as a substitute for meat or fish;
 

 (j)     sandwiches, filled rolls and other similar bread products containing
 

 (i)     meat,

 (ii)    fish,

 (iii)   eggs,

 (iv)   substances used as a substitute for meat, fish, or eggs,

 (v)    soft cheese to which this regulation applies, or

 (vi)   vegetables; or

 (vii)  cream cakes.

   

 2.        This regulation does not apply to food of any of the following descriptions

 

 (a)    bread, biscuits, cakes or pastry which are of a description specified in paragraph (1) of this regulation by reason only of the use of egg or milk as an ingredient introduced into the products before they are baked;
 

 (b)    ice cream to which the Ice Cream (Heat Treatment etc) Regulations 1959 apply;
 

 (c)    food which has been subjected to dehydration or other process the purpose of which is to prevent the growth of pathogenic micro-organisms at ambient temperatures;
 

 (d)    food contained in hermetically sealed containers and which has been preserved by a process of heating, the purpose of which is to prevent the growth of pathogenic micro-organisms at ambient temperatures;
 

 (e)    uncooked bacon, uncooked ham, dry pasta, dry pudding mixes or dry mixes for the preparation of beverages;
 

 (f)     chocolate or sugar confectionery; or
 

 (g)    milk or cream which is not combined with other ingredients.


 

3.         Subject to paragraphs (4), (7) and (8) of this regulation relevant food which is in any stall or market premises

 

 (a)      if it is not either at or below the specified temperature or at or above 63C shall be cooled to a temperature not exceeding the specified temperature or heated to at least 63C, as appropriate, without any avoidable delay, after arrival, or after any process of preparation has been completed, and

 (b)      thereafter shall be kept at or below the specified temperature or at or above 63C until it is sold except where it is being heated without any avoidable delay from the specified temperature to 63C or being cooled without any avoidable delay from 63C to the specified temperature.

 

4.         Where relevant food at any stall or market premises is placed without avoidable delay in equipment which is capable of cooling it to, and keeping it at, the specified temperature, any delay in cooling it to that temperature shall not be regarded as avoidable for the purposes of paragraph (3) of this regulation merely because other equipment not at the stall or premises could have cooled the food more quickly.

 

5.         Relevant food which is in a delivery vehicle, other than a goods vehicle not exceeding 7.5 tonnes gross weight which is used for the purpose of making local deliveries, shall be kept at or below the specified temperature or at or above 63C.

 

6.         Relevant food which is in a goods vehicle not exceeding 7.5 tonnes gross weight used for the purpose of making local deliveries shall be kept at or below the specified temperature or at or above 63C, except that where the specified temperature is 5C, the food may be kept in that vehicle for a period of not more than twelve hours at a higher temperature not exceeding 8C.

 

7.         The provisions of paragraph (3), (5) and (6) of this regulation do not apply to relevant food which is intended to be sold

 

 (a)    within 2 hours of the conclusion of its preparation and at a temperature of 63C or above, or

 

 (b)    within 4 hours of the conclusion of its preparation and at a temperature below 63C.

 

8.         The specified temperature and the temperature of 8C may be exceeded for a period of not more than two hours by up to 2C where the variation is due to

 

 (a)    a process of preparation;

 (b)    defrosting of equipment;

 (c)    temporary breakdown of equipment;

 (d)    movement of the food from one part of the premises, stall or vehicle to another;

 (e)    some other unavoidable reason.

 

9.         In regulation "the specified temperature" means

 

 (a)    before 1st April 1993, 8C for all relevant food;

 (b)    on or after 1st April 1993

 (i)   for the relevant food of a description specified in paragraph (10) of this regulation 5C,

 (ii)  for all other relevant food 8C.

 

10.      The relevant food referred to in paragraph (9)(b)(i) of this regulation is food of any of the following descriptions

 

 (a)    cheeses which have been cut or otherwise separated from the whole cheese from which they were removed;

 (b)    relevant food which is of the description specified in paragraph (1)(b) of this regulation and which has been prepared for consumption without the necessity for further cooking or reheating;

 (c)    smoked or cured fish;

 (d)    smoked or cured meat which has been cut or sliced after smoking or curing; or

 (e)    sandwiches, filled rolls and similar bread products containing any of the foods mentioned in this paragraph, unless they are intended to be sold within twenty-four hours of their preparation.