UK Statutory Instrument 1995 United Kingdom

Food Safety (Temperature Control) Regulations 1995

What this means for your business

8 obligations
5 penalties
5 can imprison
1 guides
Enforced by
FSA, DEFRA
Applies to
United Kingdom
On this page
8 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

8 compliance obligations under this legislation — 5 can result in imprisonment.

Management duties 7

Cool food quickly to required storage temperature

2 years imprisonment

If your business handles food that must be stored colder than the room, you must cool it as fast as possible after the last cooking step or final preparation, bringing it down to the temperature required for safe storage. This means having processes in place to chill food rapidly, such as blast chillers or ice baths, and monitoring the temperature until it reaches the target.

Trader/Business s.11 FSA When food must be kept at a temperature below ambient temperatures (i.e., …

Keep chilled foods at 8 °C or below

2 years imprisonment

If you run a food business, you must store any food that could support the growth of harmful bacteria at a temperature of 8 °C or lower. The same rule applies when you sell food by mail order – you must make sure the food does not get warm enough during delivery to pose a health risk. In practice this means monitoring and recording storage temperatures and using suitable refrigeration or cooling during transport.

Trader/Business s.4 FSA when storing or supplying food that could support pathogenic micro‑organisms (i.e. perishable …

Keep hot‑held food at 63°C or above

If your business serves cooked or reheated food that needs to stay hot, you must ensure it is kept at a temperature of at least 63 °C while on display or ready to serve. This prevents harmful bacteria or toxins from growing and keeps the food safe for customers.

Trader/Business s.8 FSA when food has been cooked or reheated and is being kept hot …

Maintain safe temperatures for at‑risk food

2 years imprisonment

You must keep any raw material, ingredient, intermediate or finished food that could allow harmful bacteria or toxins to grow at temperatures that do not pose a health risk. Short breaks from temperature control are only allowed when absolutely necessary for handling, and must be kept as brief as possible. Breaching this can lead to enforcement action and criminal prosecution.

Trader/Business s.10 FSA When storing or handling raw, ingredient, intermediate or finished foods that could …

Reheat food to at least 82°C before serving or sale

If your business reheats food that has already been cooked, you must heat it again to a minimum of 82°C before you serve it to customers or put it on sale. This helps prevent food‑borne illness.

Trader/Business s.14 FSA When reheating food that has previously been heated and is to be …

Store food at correct chill or hot temperatures

You must keep any food you are preparing, processing or holding in your premises either in a refrigerator or cool, ventilated area, or at a temperature above 63 °C, unless it falls under one of the listed exceptions (e.g., food being sold, quickly cooled under hygienic conditions, or foods that are safe at ambient temperature). This means you need to monitor and record temperatures to make sure food stays safe.

Trader/Business s.13 FSA When you are carrying out a commercial food operation and storing food …

Treat gelatine safely before use and store leftovers correctly

2 years imprisonment

Whenever you use gelatine in bakery confectionery fillings, meat or fish products, you must bring it to a boil or keep it at at least 71 °C for 30 minutes right before you add it. Any gelatine that remains after the process must be cooled as quickly as reasonably practicable under hygienic conditions and, once cold, kept in a fridge or other suitably cool, ventilated space.

Trader/Business s.15 FSA When gelatine is used in bakers' confectionery filling, meat or fish products, …

Offences and prohibitions 1

Breach food temperature‑control regulations

2 years imprisonment

If you fail to comply with any of the listed temperature‑control rules (regulations 4, 6(2), 8, 10, 11, 13, 14, 15 or 16) you commit a criminal offence. On summary conviction you face a fine up to the statutory maximum; on conviction on indictment you can be fined and/or sentenced to up to two years’ imprisonment. The offence can be tried either in a Magistrates’ Court or in the Crown Court.

Any Person s.17 FSA

Penalties for non-compliance

5 penalties under this legislation. 5 can result in imprisonment. 5 carry an unlimited fine.

Prison risk

Cool food quickly to required storage temperature

Unlimited fine and/or 2 years imprisonment

Either way s.11 Penalises: Cool food quickly to required storage temperature
Prison risk

Keep chilled foods at 8 °C or below

Unlimited fine and/or 2 years imprisonment

Either way s.4 Penalises: Keep chilled foods at 8 °C or below
Prison risk

Maintain safe temperatures for at‑risk food

Unlimited fine and/or 2 years imprisonment

Either way s.10 Penalises: Maintain safe temperatures for at‑risk food
Prison risk

Treat gelatine safely before use and store leftovers correctly

Unlimited fine and/or 2 years imprisonment

Either way s.15 Penalises: Treat gelatine safely before use and store leftovers …
Prison risk

Breach food temperature‑control regulations

Unlimited fine and/or 2 years imprisonment

Either way s.17 Penalises: Breach food temperature‑control regulations

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

21 classified provisions from this legislation.

Duties 8

  • s.4 Chill holding requirements person
  • s.8 Hot holding requirements person
  • s.10 General requirement for food which is a risk to health person
  • s.11 Cooling of food
  • s.13 Chill and hot holding requirements process of cooking
  • s.14 Reheating of food
  • s.15 Treatment of gelatine
  • s.19 Enforcement and execution food authority

Offences and penalties 2

  • s.17 Offences and penalties
  • Revocations Revocations

Definitions 2

  • s.2 Intepretation
  • s.12 Guides to good hygiene practice

Exemptions 6

  • s.3 Application of provisions of these Regulations
  • s.5 General exemptions from the chill holding requirements
  • s.6 Upward variation of the 8°C temperature by manufacturers etc.
  • s.7 Chill holding tolerance periods
  • s.9 Hot holding defences
  • s.16 Food which is a risk to health