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The Food Hygiene (Wales) Regulations 2005

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Chill holding requirements

2.—(1) Subject to sub-paragraph (2) and paragraph 3, any person who keeps any food —

(a)which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

(b)with respect to which any commercial operation is being carried out,

at or in food premises at a temperature above 8°C will be guilty of an offence.

(2) Sub-paragraph (1) does not apply in relation to any food which, as part of a mail order transaction, is being conveyed to the final consumer.

(3) Subject to paragraph 3, no person must supply by mail order any food which —

(a)is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

(b)is being or has been conveyed by post or by a private or common carrier to the final consumer,

at a temperature which has given rise to or is likely to give rise to a risk to health.

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