Temperature Control Requirements

Schedule 4 (Temperature Control Requirements) of the 2006 Food Hygiene Regulations for Scotland applies to food that is being kept for commercial operations and allows specific exemptions from the regulations.

The general obligation to avoid keeping foods at temperatures, which would result in a risk to health, applies in Scotland as in the rest of the UK. Similarly, the types of food described as 'foods subject to temperature control' are the same throughout the UK.

However, the details of temperature control measures in Scotland do differ significantly from those applying elsewhere in the UK. primarily that no exact chill temperature is given. that food reheated must reach a temperature of 82°C. and that there are no specified tolerance periods for either the chill or hot holding of food.

Schedule 4 does not apply to any food business operation that requires approval under Regulation (EC) 853/2004.

Chill Holding Requirements

Any person in respect of any commercial operation or food premises who keeps food outwith a refrigerator, a refrigerated chamber or a cool ventilated place is guilty of an offence unless the food is held at over 63oC. Food that is being held above 63oC is covered by the hot holding requirements.

As there is no specific temperature mentioned for the chilling of foods that are likely to support bacterial growth it is recommended that if the food storage place chosen exceeds 8°C then the shelf life of the foodstuff may need to be reduced. Food should be kept at ambient temperature for the shortest time possible.

Schedule 4 does however contain a number of specific exemptions for chill holding as outlined below.

Exemptions from Chill Holding in Scotland

Schedule 4 recognises that some variation from usual temperature control is necessary to accommodate aspects such as handling and preparation, these exemptions are.

i. Food which is undergoing preparation for sale
The practicalities of food preparation allow for food to be outwith a refrigerator, a refrigerated chamber or a cool ventilated place as long as it being prepared for sale.
ii. Food which is exposed for sale or has been sold to a consumer whether for immediate consumption or otherwise.

The requirement to keep food cool does not apply to food that has been sold or that is exposed for the purpose of sale.
iii. Food which, in order that it may be conveniently available for sale on the premises to consumers, it is reasonable to keep otherwise than in a refrigerator or refrigerating chamber or in a cool ventilated place
The requirement to keep food cool does not apply to a product kept for sale where it is not reasonably practicable to keep cool.
iv. Food which for the duration of its shelf life may be kept at ambient temperatures with no risk to health

The inherent properties of the product or the way in which it has been treated or packed may be important in securing the stability of the product. Examples include certain pickles or jams, which may be safely kept at ambient temperatures, provided that their packaging remains intact and they are within their shelf life.

Some cured or smoked products, such as air-dried, cured hams with low water activity, may be safely kept at ambient temperatures under defined conditions and within their shelf life.