FDACS Citation 3-501.16(A)(2): Cold held time/temperature control for safety food not maintained at 41°F or below

Overview

FDACS citation 3-501.16(A)(2) (Cold held time/temperature control for safety food not maintained at 41°F or below) is a Priority violation under Chapter 3 (Food) of the FDA Food Code, with 457 citations in the past 12 months across 2,993 Florida facilities. Directly linked to foodborne illness or injury. Requires immediate corrective action.

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

PriorityPriority Level
Ch. 3Food
457Citations (12 mo)
3,282Total Citations
2,993Facilities Cited

Under Florida FDACS inspection rules, citation 3-501.16(A)(2) (Cold held time/temperature control for safety food not maintained at 41°F or below) is a priority violation addressing Food standards.

What the Code Says

3-501.16(A)(2) — Cold held time/temperature control for safety food not maintained at 41°F or below

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

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

Priority Classification

Priority (P): Directly linked to foodborne illness or injury. Requires immediate corrective action.

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 3-501.16(A)(2) citations
CountyCitations
Miami-Dade228
Pinellas165
Palm Beach129
St. Johns107
Polk83
Volusia76

Most Cited Facilities

Florida FDACS facilities most cited for 3-501.16(A)(2)
FacilityCityTimes CitedLast Cited
Foodtown # 0802 West Palm Beach 4 Mar 23, 2026
Gonzalez Bakery & Meat Groveland 4 Dec 18, 2025
Bravo Supermarket Orange City 4 Dec 15, 2025
First Stop Enterprise INC. Orlando 4 Aug 14, 2025
Thai Super Bowl Orlando 4 Jul 28, 2025
Bagelicious Deli and Bakery Ocala 3 Feb 12, 2026
Advanced Fresh Concepts Pb 0658 Miami 3 Aug 28, 2025
Llr Bakery Franchise LLC Pembroke Pines 3 Jun 23, 2025

Recent Inspector Observations

Smoothie King #2121, Tarpon Springs—

Front Food Service Area: In reach in cooler, temperature controlled for safety foods had internal temperature above 41 degrees F (hard boiled eggs 45 F, Greek yogurt 50 F). COS. Products voluntarily discarded by person in charge. x

Ocean Breeze Street Foods LLC, Palm Bay—

Reach in cooler: Soups, fish, Jamaican patties had an internal temperature of 47-50 degrees F taken with an accurate and calibrated thermometer. COS: See Supplement x

Dutch Bros Coffee, Tampa—

Coffee Prep Area: Internal temperatures of milk, chocolate milk, sweet cream, heavy creamer, and whipped cream left out on prep counters measure between 49 F and 72 F. COS: Out of temperature products relocated to freezer to quick chill to 41 F or below before placed in proper refrigeration or discarded as needed.

Vw Circle K - 2708626, Tampa—

Walk In Cooler: Internal temperatures of whole milk, cheese, and lunchables recently placed on shelf nearest walk in cooler door measure between 44 F and 45 F. COS: Out of temperature products relocated to freezer to quick chill to 41 F or below before placed in proper refrigeration in back of walk in cooler where temperature is colder or discarded as needed. Print Date: 4/1/2026 Page 1 of 2 Repeat COS x Y x x Y x

Presidente Supermarket No. 50 INC., Orlando—

Meat Room : Raw Pork and Chicken observed in walk-in cooler at an internal temperature of 45 degrees F. COS- Cooler was turned down and items were cooled to 41 degrees F. Y x Repeat COS Y x

Antojitos Mexicanos Bendicion, Fort Pierce—

Kitchen- Chorizo held in reach in cooler had internal temperature of 48 degrees F measured using an accurate thermometer. COS- Chorizo was moved to another reach in cooler to cool down. Smoked Sausage, Ham and Sour Cream had internal temperatures of 52-52 degrees F. COS- Items were voluntarily discarded by management in presence of inspector. x

Frequently Cited Alongside 3-501.16(A)(2)

6-501.11

Physical facilities not maintained in good repair

2,100 co-citations

4-501.11

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

1,511 co-citations

2-501.11

Establishment does not have written procedures for employees to follow when

1,350 co-citations

6-501.12

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

1,044 co-citations

3-501.16(A)(1)

Hot held time/temperature control for safety food not maintained at 135°F or above,

1,019 co-citations

3-302.11(A)(1)

Raw animal food not separated during storage, preparation, holding or display from

983 co-citations

References

Frequently Asked Questions

What is FDACS citation code 3-501.16(A)(2)?
FDACS citation 3-501.16(A)(2) (Cold held time/temperature control for safety food not maintained at 41°F or below) is a Priority violation under Chapter 3 (Food) of the FDA Food Code. Cold held time/temperature control for safety food not maintained at 41°F or below.
How serious is FDACS violation 3-501.16(A)(2) (Cold held time/temperature control for safety food not maintained at 41°F or below)?
Priority (P): Directly linked to foodborne illness or injury. Requires immediate corrective action. This code has been cited 3282 times across 2,993 Florida FDACS-regulated facilities.
Which types of Florida food businesses receive citation 3-501.16(A)(2)?
FDACS inspects grocery stores, convenience stores, bakeries, food manufacturers, mobile vendors, and vending machines. Citation 3-501.16(A)(2) (Cold held time/temperature control for safety food not maintained at 41°F or below) has been cited at 2,993 such facilities across Florida, with 457 citations in the past 12 months.
What does a Priority FDACS violation mean?
A Priority FDACS violation means: Directly linked to foodborne illness or injury. Requires immediate corrective action. 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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