Food Hygiene (Amendment) Regulations 1991

Regulation 2(3)

SCHEDULE 2 AMENDMENTS TO REGULATION 27 OF THE FOOD HYGIENE (GENERAL) REGULATIONS 1970

1.  In paragraph (1)(b) for “containing” there shall be substituted “comprising or containing”.

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

3.  In paragraph (1)(h) for “consumed” there shall be substituted “sold” and for “preparation” there shall be substituted “their production”.

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

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

5.  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)”.

6.  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;”.

7.  For paragraph (3) there shall be substituted the following paragraph—

“(3) Subject to paragraphs (3A), (3B), and (4), the provisions of this regulation shall not apply to relevant food in any food room—

(a) 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) 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 on catering premises where such display is for the purpose either—

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

(ii) of having it available for service to a purchaser for consumption on those premises,

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

8.  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.

(3C) After the expiry of the period specified in paragraph (3)(a), relevant food which has been subjected to heating as specified in paragraph (3)(a)(i) shall not be sold or offered or exposed for sale.

(3D) Subject to paragraph (3E), 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 food room, for a period of two hours from the conclusion of preparation.

(3E) 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 (3D), the period shall be treated as extended for so long as is reasonably necessary to bring the food to that temperature.”.

9.  For paragraph (4) there shall be substituted the following paragraph—

“(4) The provisions of this regulation shall not apply to relevant food in any food room which is in any catering premises and is intended for consumption on those premises if the process of service of such food is intended to be commenced—

(a) within 2 hours of the conclusion of preparation if it is intended that the food be reheated to at least 63°C prior to the commencement of the process of service;

(b) within 4 hours of the conclusion of preparation if the food 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 intended commencement of the process of service.”.

10.  After paragraph (9) there shall be added the following paragraph—

“(10) 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).”.

(1)

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