The Food Hygiene (Scotland) Regulations 2005

Chill and hot holding requirements

2.—(1) Subject to sub paragraph (2), any person who keeps food with respect to which any commercial operation is being carried out at or in food premises otherwise than–

(a) in a refrigerator or refrigerating chamber or in a cool ventilated place; or

(b) at a temperature above 63°C,

is guilty of an offence.

(2) Sub paragraph (1) shall not apply to any food–

(a) which is undergoing preparation for sale;

(b) which is exposed for sale or has been sold to a consumer whether for immediate consumption or otherwise;

(c) which, immediately following any process of cooking to which it is subjected or the final processing stage if no cooking process is applied, is being cooled under hygienic conditions as quickly as possible to a temperature which would not result in a risk to health;

(d) which, in order that it may be conveniently available for sale on the premises to consumers, it is reasonable to keep otherwise than as referred to in sub paragraph (1);

(e) which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;

(f) to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry(1), as last amended by Council Regulation (EC) No. 1101/98(2), applies; or

(g) to which Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs(3), as last amended by Council Regulation (EC) No. 2052/2003(4), applies.

(1)

O.J. No. L 173, 6.7.90, p.1

(2)

O.J. No. L 157, 30.5.98, p.12.

(3)

O.J. No. L 173, 6.7.90, p.5.

(4)

O.J. No. L 305, 22.11.03, p.1.