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The Food Hygiene (Wales) Regulations 2006
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Hot holding defences
7.—(1) In any proceedings for an offence consisting of a contravention of paragraph 6, it will be a defence for the accused 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 re-heating, 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 any period of time specified in that scientific assessment; and
(b)at the time of the commission of the alleged offence, the food was held in a manner which was justified in the light of that scientific assessment.
(2) In any proceedings for an offence consisting of a contravention of paragraph 6, it will be a defence for the accused 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.
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