FDACS Citation 3-304.12(B): During pauses in food preparation or dispensing, utensil stored in food that is not
FDACS citation 3-304.12(B) (During pauses in food preparation or dispensing, utensil stored in food that is not) is a General violation under Chapter 3 (Food) of the FDA Food Code, with 229 citations in the past 12 months across 621 Florida facilities. General food safety requirement.
Sourced from Florida FDACS public inspection records, Jan 2022–present.
Under Florida FDACS inspection rules, citation 3-304.12(B) (During pauses in food preparation or dispensing, utensil stored in food that is not) is a general violation addressing Food standards.
What the Code Says
3-304.12(B) — During pauses in food preparation or dispensing, utensil stored in food that is not
During pauses in food preparation or dispensing, utensil stored in food that is not
— FDA Food Code / Florida FDACS Inspection Standards (FAC 5K-4)
time/temperature control for safety food not stored with their handles above the top of the food within
containers or equipment that can be closed.
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
| County | Citations |
|---|---|
| Miami-Dade | 65 |
| Pinellas | 38 |
| Palm Beach | 32 |
| Volusia | 25 |
| Polk | 20 |
| St. Lucie | 18 |
Most Cited Facilities
| Facility | City | Times Cited | Last Cited |
|---|---|---|---|
| Thrifty Specialty Produce of Melbourne INC. | Melbourne | 4 | Jun 20, 2025 |
| Bam Bar LLC | New Port Richey | 2 | Mar 30, 2026 |
| Tlalchapa Tienda Mexicana 2 | Deland | 2 | Feb 23, 2026 |
| Galafresh Farms | Lake Worth | 2 | Feb 17, 2026 |
| Mon Delice | New Smyrna Beach | 2 | Dec 8, 2025 |
| La Central | Fort Pierce | 2 | Dec 1, 2025 |
| Djons Village Market | Indialantic | 2 | Oct 27, 2025 |
| Handy Food Store # 0086 | Alva | 2 | Sep 8, 2025 |
Recent Inspector Observations
Thn Sebring, Sebring—
Food service area- the handles of small scoops are stored in direct contact with the powdered drink mixes in the bulk food containers.
Bam Bar LLC, New Port Richey—
Food prep area: Observed scoop in sugar with handle in product. COS: Ice scoop was removed from bin.
Solberry Smoothies, Ormond Beach—
Food service: Handle of scoop stored in frozen sorbet not stored so that the handle is not touching food. COS: Manager moved scoop handle to no longer touch food.
Thrifty Specialty Produce of Palm Bay Incorporated, Palm Bay—
Kitchen- Bowl with no handle is used as a scoop in the chicken seasoning and chicken base. COS Scoop with a handle was provided.
Foodtown # 0802, West Palm Beach—
Juice bar- cup with no handle stored in food container. COS- cups removed from food containers.
Kung Fu Tea/token Ramen, Tampa—
Tea Prep Area: Handle of ice scoop held in ice bin touching ice. COS: Scoop relocated to proper storage. Back Prep Area: Containers without handles used as scoops held in bulk sugar and powder products.
Frequently Cited Alongside 3-304.12(B)
6-501.11
2-501.11
3-501.16(A)(2)
5-205.11
4-501.11
4-903.11(A)
References
- Florida FDACS Food Establishment Inspections
- FDA Food Code (Current Edition)
- Florida Administrative Code Chapter 5K-4
- All FDACS Citation Codes
Frequently Asked Questions
- What is FDACS citation code 3-304.12(B)?
- FDACS citation 3-304.12(B) (During pauses in food preparation or dispensing, utensil stored in food that is not) is a General violation under Chapter 3 (Food) of the FDA Food Code. During pauses in food preparation or dispensing, utensil stored in food that is not time/temperature control for safety food not stored with their handles above the top of the food within containers or equipment that can be closed.
- How serious is FDACS violation 3-304.12(B) (During pauses in food preparation or dispensing, utensil stored in food that is not)?
- General (General): General food safety requirement. This code has been cited 666 times across 621 Florida FDACS-regulated facilities.
- Which types of Florida food businesses receive citation 3-304.12(B)?
- FDACS inspects grocery stores, convenience stores, bakeries, food manufacturers, mobile vendors, and vending machines. Citation 3-304.12(B) (During pauses in food preparation or dispensing, utensil stored in food that is not) has been cited at 621 such facilities across Florida, with 229 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.
Editorial Standards & Data Oversight
Data Source: Florida FDACS public inspection records, Jan 2022–present. Exclusive archive — FDACS removes records after 4 years.
Citation Standard: FDA Food Code as adopted by Florida FDACS under Florida Statutes Chapter 500 and FAC 5K-4.
Editorial Process: Content generated using AI to synthesize complex regulatory data and inspection records, then reviewed and verified for accuracy by our editorial team.
Disclaimer: Citation descriptions reflect the FDA Food Code and Florida FDACS inspection standards current at time of publication.
Editor: All content reviewed and verified by Christopher F. Nesbitt, Sr., Nationally Registered EMT & BU-trained Paralegal.
This page is maintained by FloridaFoodSafety.org. How we collect and verify this data.