FDACS Citation 3-304.12(A): During pauses in food preparation or dispensing, utensil stored in the food not stored

Overview

FDACS citation 3-304.12(A) (During pauses in food preparation or dispensing, utensil stored in the food not stored) is a General violation under Chapter 3 (Food) of the FDA Food Code, with 24 citations in the past 12 months across 141 Florida facilities. General food safety requirement.

Sourced from Florida FDACS public inspection records, Jan 2022–present.

GeneralPriority Level
Ch. 3Food
24Citations (12 mo)
147Total Citations
141Facilities Cited

Citation 3-304.12(A) — During pauses in food preparation or dispensing, utensil stored in the food not stored — is classified as a general violation under Florida FDACS inspection standards in the Food chapter.

What the Code Says

3-304.12(A) — During pauses in food preparation or dispensing, utensil stored in the food not stored

During pauses in food preparation or dispensing, utensil stored in the food not stored
with their handles above the top of the food and the container.

— FDA Food Code / Florida FDACS Inspection Standards (FAC 5K-4)

Priority Classification

General (General): General food safety requirement.

Florida FDACS uses the FDA Food Code priority system — Priority (P) violations have a direct link to foodborne illness; Priority Foundation (Pf) violations support food safety systems; Core (C) violations are good retail practices with no direct illness link.

Citations by County

Florida counties with the most 3-304.12(A) citations
CountyCitations
Miami-Dade16
Brevard6
Palm Beach6
Polk6
Broward3
St. Johns3

Most Cited Facilities

Florida FDACS facilities most cited for 3-304.12(A)
FacilityCityTimes CitedLast Cited
Vw Walmart Supercenter 0974 West Melbourne 2 Dec 13, 2024
Taqueria Merlo Avon Park 2 Nov 28, 2022
Taqueria Dos Hermanos Gibsonton 1 Mar 27, 2026
Gk Nw 7th Miami Gardens 1 Mar 23, 2026
Thrifty Specialty Produce of Palm Bay Incorporated Palm Bay 1 Mar 23, 2026
Foodtown # 0802 West Palm Beach 1 Mar 23, 2026
Aventura Market LLC Aventura 1 Jan 12, 2026
Vev Fitness & Nutrition Plant City 1 Dec 22, 2025

Recent Inspector Observations

Taqueria Dos Hermanos, Gibsonton—

Food service: Ice scoop is stored in the ice with the handle touching the product. COS. The scoop was removed and cleaned.

Thrifty Specialty Produce of Palm Bay Incorporated, Palm Bay—

Deli- Tongs stored with handles in contact with shredded lettuce and cut tomatoes in the sandwich cooler. COS- Tongs were removed, replaced, and properly stored. Scoop was stored in the ice bin with the handle in contact with the ice. COS- Scoop was moved so the handle was out of the ice.

Foodtown # 0802, West Palm Beach—

Meat department- scoop stored in display case with handle touching meat. COS- scoop moved to 3 compartment sink to be washed and sanitized.

Gk Nw 7th, Miami Gardens—

Food Service Area: Scoops and tongs stored next to hot holding case and rice cookers between uses found inside container with water with internal temperature of 85 degrees F when checked with an accurate probe thermometer. COS: New scoops and tongs were placed inside an empty container.

Aventura Market LLC, Aventura—

Food Service Area: Handle of tongs stored in contact with macaroni salad. COS: Tongs were removed during inspection.

Vev Fitness & Nutrition, Plant City—

Food service: Handle of ice scoop stored in the ice maker touching the ice. COS: The ice scoop was properly handle up.

Frequently Cited Alongside 3-304.12(A)

6-501.11

Physical facilities not maintained in good repair

126 co-citations

3-501.16(A)(2)

Cold held time/temperature control for safety food not maintained at 41°F or below

74 co-citations

4-501.11

Equipment not maintained in good repair or condition; equipment component not

66 co-citations

2-501.11

Establishment does not have written procedures for employees to follow when

62 co-citations

6-501.12

Physical facilities not cleaned as often as necessary to keep them clean, or cleaning

58 co-citations

5-205.11

Handwashing sink not maintained so that it is accessible at all times for employee

55 co-citations

References

Frequently Asked Questions

What is FDACS citation code 3-304.12(A)?
FDACS citation 3-304.12(A) (During pauses in food preparation or dispensing, utensil stored in the food not stored) is a General violation under Chapter 3 (Food) of the FDA Food Code. During pauses in food preparation or dispensing, utensil stored in the food not stored with their handles above the top of the food and the container.
How serious is FDACS violation 3-304.12(A) (During pauses in food preparation or dispensing, utensil stored in the food not stored)?
General (General): General food safety requirement. This code has been cited 147 times across 141 Florida FDACS-regulated facilities.
Which types of Florida food businesses receive citation 3-304.12(A)?
FDACS inspects grocery stores, convenience stores, bakeries, food manufacturers, mobile vendors, and vending machines. Citation 3-304.12(A) (During pauses in food preparation or dispensing, utensil stored in the food not stored) has been cited at 141 such facilities across Florida, with 24 citations in the past 12 months.
What does a General FDACS violation mean?
A General FDACS violation means: General food safety requirement. FDACS (Florida Department of Agriculture and Consumer Services) uses this classification system — Priority (P), Priority Foundation (Pf), and Core (C) — aligned with the FDA Food Code.

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