- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Food Hygiene Regulations (Northern Ireland) 2006, Paragraph 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—
(a)was for service or on display for sale;
(b)had not previously been kept for service or on display for sale at a temperature above 8°C or, where a recommendation has been made pursuant to paragraph 4(1), the recommended temperature; and
(c)had been kept for service or on display for sale for a period of less than four hours.
(2) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—
(a)was being transferred—
(i)from premises at which the food was going to be kept at or below 8°C or in appropriate circumstances the recommended temperature to a vehicle used for the purposes of a food business, or
(ii)to such premises from such a vehicle; or
(b)was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as—
(i)to accommodate the practicalities of handling during and after processing or preparation,
(ii)the defrosting of equipment, or
(iii)temporary breakdown of equipment,
and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.
Commencement Information
I1Sch. 4 para. 5 in operation at 11.1.2006, see reg. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: