FOOD SAFETY (TEMPERATURE CONTROL) REGULATIONS (temperaturecontrol)

FOOD SAFETY (TEMPERATURE CONTROL)

SUBSIDIARY LEGISLATION 449.55

FOOD SAFETY (TEMPERATURE CONTROL)

REGULATIONS

13th June, 2008

LEGAL NOTICE 146 of 2008.

The title of these regulations is the Food Safety

(Temperature Control) Regulations.

(1)

In these regulations, unless the context otherwise

requires -

"the Act" means the Food Safety Act;

"display" means any food intended for immediate consumption

and kept in a cabinet or similar equipment and includes meals

intended as buffets;

"primary production" includes harvesting, slaughtering and

milking;

"processing" includes cooking;

"recommended temperature" means a specified temperature

which has been recommended in accordance with regulation 6;

"shelf life" means the period from production up to the end of the

date of minimum durability, whether intended as a "best before"

date or "use by" date in terms of the Labelling, Presentation and

Advertising of Foodstuffs Regulations

Provided that in relation to a food which is not required to

indicate a date of minimum durability, the period for which the

food can be expected to remain wholesome;

"temperature danger zone" means the range of temperature from

8°C to 63°C;

"ultimate consumer" means any person who buys other than for

the purpose of resale, or for a catering establishment or for the

purposes of a manufacturing business;

"wholesome" means food which is fit for human consumption

and if consumed as intended by the manufacturer, it does not pose a

risk to health. Unwholesome shall be construed accordingly.

(2) In determining whether any matter involves a risk to food

safety, regard shall be made to the nature of the food, the manner in

which it is handled and packed, any process to which the food is

subjected before supply to the consumer, and the conditions under

which it is displayed or stored.

(1) No person shall keep in any premises, as part of a

commercial operation, any food which is likely to support the

growth of pathogenic micro-organisms or the formation of toxins at

a temperature above 8°C

FOOD SAFETY (TEMPERATURE CONTROL)

Provided that this shall not apply to any food which is

being conveyed by post or by a carrier to an ultimate consumer.

(2) No person shall supply by mail order or convey by post or

by a carrier to an ultimate consumer, any food which is likely to

support the growth of pathogenic micro-organisms or the formation

of toxins, at a temperature which is likely to render the food

unwholesome.

The provisions of regulation 3 shall not apply to

(a) food which has been cooked or reheated, is on display

for sale or needs to be kept hot in order to control the

growth of pathogenic micro-organisms or the

formation of toxins;

(b) food which, for the duration of its shelf life, may be

kept at ambient temperatures without rendering it

unwholesome;

(c) food which is being or has been subjected to a process

intended to prevent the growth of pathogenic micro-

organisms at ambient temperatures

Provided that the provisions of paragraphs (a), (b) and

(c) shall not apply if the food was contained in a

hermetically sealed container and that container has

been opened;

(d) food which must be ripened or matured at ambient

temperatures

Provided that this paragraph shall not apply once the

process of ripening or maturation is completed;

(e) raw food intended for further processing, before

human consumption, but only if that processing will

render that food wholesome.

(1) It shall be a defence for any person charged with an

offence against regulation 3(1) if he proves that

(a) it had been recommended that the food is to be kept at

a specified temperature and for a period not exceeding

its shelf life;

(b) such recommendation has been communicated to him

either by means of a label on the packaging of the food

or by means of written instructions;

(c) the food was not kept, at any time, at a temperature

above the specified temperature;

(d) the food was kept at a temperature above 8°C or at the

recommended temperature, for a limited period only

which would not render the food unwholesome.

(2) No one shall recommend that any food is kept at or below a

specified temperature and for a period not exceeding its shelf-life,

unless that recommendation is supported by a sound scientific

assessment of the safety of the food at that specified temperature.

FOOD SAFETY (TEMPERATURE CONTROL)

(1) No person shall in the course of the activities of a food

business keep any food at a temperature below 63°C at any food

premises.

(2) It shall be a defence for a person charged with an offence

a g ai n st s u b - r eg u l at io n ( 1 ) to p r o v e th a t a s o u n d s ci en t i f ic

assessment of that food at temperatures below 63°C had concluded

that the food will remain wholesome, after cooking or reheating or

if the food is held on display for sale at a holding temperature

which is below 63°C, and for a period not exceeding a specified

period of time and that 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.

(3) It shall be a defence for a person charged with an offence

against sub-regulation (1) to prove that the food had been kept on

display for sale for a period of less than two hours and had not

previously been kept on display for sale by that person.

(1) No person shall in the course of the activities of a food

business keep food which is either in the raw state, used as an

ingredient or which will not undergo any further process and which

is likely to support the growth of pathogenic micro-organisms or

the formation of toxins, at temperatures which would result in

rendering such food unwholesome.

(2) Notwithstanding the preceding sub-regulation and

consistent with food safety, it is permitted to keep any food within

the temperature danger zone for limited periods where necessary to

accommodate the practicalities of handling during preparation,

transport, storage and display of food, provided that such periods

would not render the food unwholesome.

A food handler responsible for cooling any food, shall cool

that food as quickly as possible following the final heat processing

stage or the final preparation stage, to the temperature at which it

must be kept.

For the purposes of regulations 5(2) and 8(1), the presence

of a scientific assessment of the safety of any food in a guide to

g o o d h y g i en e p r a cti ce w h ic h h a s b ee n a p p r o v ed u n d er th e

provisions of the Act shall, until the contrary is proven, be

considered sufficient evidence that the scientific assessment is

sound.

(1) Food which in the course of a commercial operation

has been heated and which is thereafter reheated before being

served for immediate consumption or being exposed for sale shall,

on being reheated, be raised to a core temperature of not less than

70°C

Provided that if a particular food requires reheating to a

core temperature above 70°C, said food is to be reheated up to this

higher temperature.

(2) It shall be a defence for a person charged with an offence of

contravening the preceding sub-regulation, to prove that he could

not have raised the food to a temperature above 70°C without a

FOOD SAFETY (TEMPERATURE CONTROL)

deterioration of the qualities of that food.