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CCore · FDA Food Code 2-401.11 · 30-90 days (Core)

How to fix: Employee Beverage Without Lid in Food Prep Area

An employee was found drinking from an open, uncovered beverage container in the food preparation or service area.

What this violation means

FDA Food Code 2-401.11 permits employees to drink in food preparation areas only when beverages are in a cup with a lid and a straw or handle that allows hands-free sipping, preventing contact between the employee's mouth and the exterior of the container. Open cups, cans, and bottles can spill onto food and food-contact surfaces, and the act of touching an open-top beverage then touching food is a contamination pathway. While this is a Core violation, repeat citations indicate poor overall food safety culture.

Step-by-step: how to fix this before re-inspection

1Immediately replace all open employee beverages with cups that have tight-fitting lids and straws
2Communicate to all staff that open beverages are not permitted in the kitchen under any circumstances
3Designate a specific area (break room, shelf below prep surfaces) for covered employee drinks
4Document the corrective discussion with employees in a brief training log

What the inspector rechecks at re-inspection

WHAT THE INSPECTOR CHECKS

Inspectors do not just look at the surface. For this violation, expect them to verify:

☐Observes whether any employee beverages in the kitchen are uncovered or lack a straw or lid
☐Checks whether beverages are located where they could drip onto food or food-contact surfaces
☐Looks for personal water bottles, coffee mugs, or cans left at prep stations
☐Reviews whether a designated area for employee drinks is established and enforced

How to prevent this violation from recurring

Add "employee beverages must have lids" to new-hire orientation
Include a reminder on the kitchen house-rules posting
Supervisors should address non-compliant beverages immediately when observed

Related violations to check

Employee Handwashing — Improper Procedure→Bare-Hand Contact with Ready-to-Eat Food→
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This document is for informational purposes only. It is not legal advice and does not guarantee a passing re-inspection score. Always verify requirements with your local health department. Fix steps are based on FDA Food Code 2-401.11; individual jurisdictions may have additional requirements.

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