9.—(1) In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that—
(a)a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or reheating, the food is held for service or on display for sale—
(i)at a holding temperature which is below 63°C, and
(ii)for a period not exceeding a specified period of time; and
(b)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.
(2) In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that the food—
(a)had been kept for service or on display for sale for a period of less than two hours; and
(b)had not previously been kept for service or on display for sale by that person.