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PPriority · FDA Food Code 3-202.11 · Immediate correction — reject or discard (Priority)

How to fix: Food Received at Unsafe Temperature

Refrigerated or frozen food was accepted from a delivery at a temperature above the required receiving threshold, indicating potential temperature abuse during transport.

What this violation means

FDA Food Code 3-202.11 requires that refrigerated food be received at 41°F or below and frozen food be received solid with no evidence of thawing. Accepting a delivery of chicken at 48°F or ground beef at 45°F means the cold chain was broken in transit — the food may have been in the temperature danger zone (41°F–135°F) for an unknown period, allowing bacterial growth. Inspectors check receiving temperatures during the inspection and review whether a receiving temperature log is maintained. They also ask about the establishment's policy for rejecting non-compliant deliveries.

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

1Establish a written receiving procedure requiring temperature verification on all refrigerated and frozen deliveries
2Reject any refrigerated delivery arriving above 41°F — contact the supplier for credit and document the rejection
3Begin logging receiving temperatures for every delivery: vendor, product, temperature, receiver initials, and action taken
4Keep a calibrated probe thermometer or infrared thermometer at the receiving dock
5Train receiving staff on how to take receiving temperatures and when to reject a delivery

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:

☐Asks staff to demonstrate the receiving procedure and what temperature they verify at receipt
☐Reviews receiving temperature logs for recent deliveries
☐Checks whether a probe thermometer or infrared thermometer is used during receiving
☐Asks about the policy for rejecting non-compliant deliveries and whether it has been exercised
☐Looks for evidence of recent deliveries stored at borderline temperatures

How to prevent this violation from recurring

Require delivery windows that allow a manager to be present for all refrigerated and frozen deliveries
Include receiving temperature requirements in your vendor agreements
Review receiving logs weekly to identify any recurring temperature issues with specific vendors

Related violations to check

Cold Holding Temperature Abuse→Food from Unapproved Source→No Thermometer in Cold Holding Unit→
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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 3-202.11; individual jurisdictions may have additional requirements.

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