Food Hygiene (Amendment) Regulations 1991

Regulation 2(2)

SCHEDULE 1 AMENDMENTS TO REGULATION 12 OF THE FOOD HYGIENE (MARKETS, STALLS AND DELIVERY VEHICLES) REGULATIONS 1966

1.  In paragraph (1) for “is any” there shall be substituted “is of any”.

2.  In paragraph (1)(g) for “fish and” there shall be substituted “fish or” and for “or vegetables” there shall be substituted “, or vegetables or cheese or any combination thereof”.

3.  For paragraph (1)(k) there shall be substituted—

“(k) cakes containing cream or anything used as a substitute for cream.”.

4.  In paragraph (2)(a) for “or milk”, there shall be substituted “, milk or cheese”, and for “introduced into the products” there shall be substituted “in the products (other than in any filling in such products)”.

5.  After paragraph (2)(a) there shall be inserted the following paragraph—

“(aa) filled cooked pastry products where—

(i) they are relevant foods by reason only of the use of egg or egg and milk;

(ii) the products are intended for sale within 24 hours of their production; and

(iii) the products are not cut after the conclusion of preparation;”.

6.  In paragraph (3) after “paragraphs” there shall be inserted “(3A), (3B),”.

7.  After paragraph (3) there shall be inserted the following paragraphs—

“(3A) For the purposes of this regulation, the preparation of relevant food which is of any of the descriptions specified in paragraph (1)(g) or (h) or a filled cooked pastry product the filling of which principally comprises a combination of egg and milk, but also contains other relevant food, shall be treated as concluded when its baking is concluded.

(3B) For the purposes of this regulation the preparation of relevant food of the description specified in paragraph (1)(k) shall be treated as concluded when the cream or substitute for cream is added.”.

8.  For paragraph (7) there shall be substituted the following paragraph—

“(7) The provisions of paragraphs (3), (5) and (6) of this regulation do not apply to relevant food—

(a) in any market premises, stall or delivery vehicle, for a period of two hours from the conclusion of preparation if it is intended—

(i) to be sold within that period having been subjected during that period to any process of heating the purpose of which is to maintain the food at a temperature between the specified temperature and 63°C; or

(ii) to be reheated to at least 63°C at any time prior to sale;

(b) in any market premises, stall or delivery vehicle, for a period of four hours from the conclusion of preparation if it is not to be subjected to any process of heating the purpose of which is to maintain the food at a temperature between the specified temperature and 63°C between the conclusion of preparation and the time of sale; or

(c) displayed for a period not exceeding four hours at any market premises or stall where such display is for the purpose either—

(i) of indicating to prospective purchasers the nature of food which is for sale at those premises or that stall for immediate consumption, or

(ii) of having it available for service to a purchaser at those premises or that stall for immediate consumption,

provided that in either case no more food is displayed than is reasonably necessary for that purpose.”.

9.  After paragraph (7) there shall be inserted the following paragraph—

“(7A) After the expiry of the period specified in paragraph (7)(a), relevant food which has been subjected to heating as specified in paragraph (7)(a)(i) shall not be sold or offered or exposed for sale.”.

10.  After paragraph (10) there shall be added the following paragraphs—

“(11) The requirements of paragraph (5) shall not apply until 1st April 1992 to relevant food in a delivery vehicle used exclusively for the delivery of food to an aircraft for consumption on board the aircraft.

(12) This regulation shall not apply until 1st April 1992 to food which is in a carriage on a railway, and is intended for sale to persons travelling on the railway.

(13) This regulation shall not apply to relevant food while it is in the course of conveyance by post or by a private or common carrier to the ultimate consumer within the meaning of the Food Labelling Regulations 1984(1).

(14) Subject to paragraph (15), this regulation shall not apply to relevant food of any of the descriptions specified in paragraph (1)(g), (h) or (k) or filled cooked pastry products the filling of which principally comprises a combination of egg and milk but also contains other relevant food, in any market premises, stall or delivery vehicle for a period of two hours from the conclusion of preparation.

(15) Where the process of bringing a food to the specified temperature is begun, but not completed, before the expiry of the period of two hours specified in paragraph (14), the period shall be treated as extended for so long as is reasonably necessary to bring the food to that temperature.”.

(1)

S.I. 1984/1305, to which there are amendments not relevant to this definition.