S.L. 449.55 Art. 5Upward variation of the 8°C temperature by manufacturers, etc.

(1) It shall be a defence for any person charged with an offence against regulation 3(1) if he proves that:

(a) it had been recommended that the food is to be kept at a specified temperature and for a period not exceeding its shelf life;

(b) such recommendation has been communicated to him either by means of a label on the packaging of the food or by means of written instructions;

(c) the food was not kept, at any time, at a temperature above the specified temperature;

(d) the food was kept at a temperature above 8°C or at the recommended temperature, for a limited period only which would not render the food unwholesome.

(2) No one shall recommend that any food is kept at or below a specified temperature and for a period not exceeding its shelf-life, unless that recommendation is supported by a sound scientific assessment of the safety of the food at that specified temperature.