Food Safety (Temperature Control) Regulations

Applies to EnglandApplies to WalesApplies to Scotland

Title: Food Safety (Temperature Control) Regulations

Category: England, Wales and Scotland Regulations

Date: 1995

Reference: SI 1995/2200 [Full text]

General Description:

These Regulations implement Council Directive 93/43/EEC on the hygiene of foodstuffs, as well as containing certain national provisions relating to food temperature control. They apply to all stages of food production except primary production, but (subject to an exception which relates to fishery products) they do not apply to the activities of food businesses which are regulated by or under certain other Regulations.

England and Wales

Part II of the Regulations contains the new food temperature control requirements for England and Wales.

  • These include a requirement that food which needs to be kept chilled because it is likely to support the growth of pathogenic micro-organisms or the formation of toxins must be kept either at or at below 8 C (this does not apply to mail order food, which is the subject of a separate offence). There are some exemptions, and a provision which allows for the upward variation of the standard temperature in appropriate circumstances. However, any such variation must be based on a well-founded scientific assessment of the safety of the food at the new temperature. There are also defences which relate to the tolerance periods for which food may be held outside temperature control.
  • Regulation 8 contains a requirement that food which needs to be kept hot in order to control the growth of pathogenic micro-organisms or the formation of toxins must be kept at a minimum temperature of 63 C. However, there are defences which allow for downward variation of this minimum temperature in appropriate circumstances and for a tolerance period of two hours.
  • Regulation 10 adds a new general temperature control requirement which prohibits keeping perishable foodstuffs at temperatures which would result in a risk to health.
  • Regulation 11 contains a further requirement in relation to the cooling of food. A food business responsible for cooling any food which must be kept at a temperature below ambient temperatures, shall cool that food to the temperature at which it must be kept, as quickly as possible following:
    • the final heat processing stage; or
    • if no heat process is applied, the final preparation stage,
  • Regulation 12 deals with the evidential value, in certain circumstances, of guides to good hygiene practice.

Scotland

Part III contains the food temperature control requirements for Scotland.

  • Regulations 13 to 15 re-enact with minor and drafting modifications the food temperature control requirements previously contained in the Food Hygiene (Scotland) Regulations 1959.
  • Regulation 16 adds a new general temperature control requirement which prohibits keeping foodstuffs which are likely to support the growth of pathogenic micro-organisms or the formation of toxins at temperatures which would result in a risk to health.

Note: For further information, refer to the Food Standards Agency leaflet on Food Safety Regulations.

Pertinence to Agriculture: Food, Hygiene

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