4.—(1) Subject to paragraph (2) and regulation 5, no person shall keep 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.
(2) Paragraph (1) shall not apply to any food which, as part of a mail order transaction, is being conveyed by post or by a private or common carrier to an ultimate consumer.
(3) Subject to regulation 5, no person shall 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 an ultimate consumer,
at a temperature which has given rise to or is likely to give rise to a risk to health.