The Food Safety (Temperature Control) Regulations 1995

General exemptions from the chill holding requirements

5.  Regulation 4 shall not apply to—

(a) food which—

(i) has been cooked or reheated,

(ii) is for service or on display for sale, and

(iii) needs to be kept hot in order to control the growth of pathogenic micro-organisms or the formation of toxins;

(b) food which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;

(c) food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but this paragraph shall cease to apply in circumstances where—

(i) after or by virtue of that process the food was contained in a hermetically sealed container, and

(ii) that container has been opened;

(d) food which must be ripened or matured at ambient temperatures, but this paragraph shall cease to apply once the process of ripening or maturation is completed;

(e) raw food intended for further processing (which includes cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;

(f) food to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry, as amended(1), applies;

(g) food to which Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs, as amended(2), applies.

(1)

OJ No. L 173, 6.7.90, p.1; as amended by Council Regulation (EEC) No. 317/93 (OJ No. L 37, 18.2.93, p.8) and Council Regulation (EC) No. 3204/93 (OJ No. L 289, 24.11.93, p.3).

(2)

OJ No. L 173, 6.7.90, p.5; as amended by Council Regulation (EEC) No. 2617/93 (OJ No. L 240, 25.9.93, p.1) and Council Regulation (EC) No. 3117/94 (OJ No. L 330, 21.12.94, p.4).