MIAMI, FL. When state inspectors walked into Refreshery at 3400 NE 2nd Ave on October 2, they documented that employees were not cooking food to the minimum required temperature, a violation that means pathogens like Salmonella can survive and reach a customer's plate.
That was one of six high-severity violations cited that day. The restaurant was not closed.
What Inspectors Found
The cooking temperature violation was not the only direct threat to customers. Inspectors also cited food in poor condition, described in state records as spoiled, contaminated, mislabeled, or adulterated.
Food contact surfaces were not properly cleaned or sanitized, a finding inspectors recorded alongside improper hand and arm washing technique. Both violations involve the same basic problem: pathogens moving from contaminated surfaces or hands onto food.
The facility also had no consumer advisory posted for raw or undercooked items. That notice is the only mechanism that alerts high-risk diners, including pregnant women, elderly customers, and people with compromised immune systems, that certain menu items carry elevated risk.
No allergen awareness was demonstrated by staff. That finding stands alongside the temperature and sanitation violations as one of the six high-severity citations from the October visit.
The two intermediate violations rounded out the inspection: multi-use utensils were not properly cleaned, and the facility's cooling and cold-holding equipment was found to be inadequate.
What These Violations Mean
The cooking temperature violation is among the most direct pathways to a foodborne illness outbreak. Salmonella in poultry requires an internal temperature of 165 degrees Fahrenheit to be killed. Food that does not reach that threshold can carry live bacteria to a customer's plate. Inspectors at Refreshery found that minimum temperature was not being met.
The handwashing technique violation compounds that risk. An employee who attempts to wash their hands but does so incorrectly can still transfer pathogens to food, surfaces, and utensils. Paired with the finding that food contact surfaces were not properly sanitized, the October inspection documented multiple simultaneous transfer routes for bacteria.
The allergen finding carries a separate and acute danger. Food allergies affect roughly 32 million Americans, and allergic reactions send approximately 30,000 people to emergency rooms each year. When staff cannot demonstrate allergen awareness, customers with serious allergies have no reliable way to assess their risk from any item on the menu.
The inadequate cooling equipment violation is a temperature problem that does not go away when an inspector leaves. Equipment that cannot hold food at or below 41 degrees Fahrenheit allows bacteria to multiply in what food safety regulators call the danger zone, between 41 and 135 degrees. Unlike a one-time handling error, a broken or failing cooler creates ongoing risk for every item stored in it.
The Longer Record
Refreshery has two inspections on record with the state, including the October visit. The prior inspection, conducted on November 7, 2025, resulted in two high-severity violations and two intermediate violations.
Across both inspections, the facility has accumulated 15 total violations and has never been emergency-closed. The October 2026 visit more than doubled the violation count from the prior inspection, moving from four citations to eight.
The pattern that emerges across those two inspections is not one of a facility that failed once and corrected course. High-severity violations appeared in both visits. The October inspection added four more high-severity findings on top of the two documented in November 2025, including the cooking temperature, allergen awareness, and consumer advisory citations that were not present in the earlier record.
Open for Business
Florida law allows inspectors to order an emergency closure when a facility poses an immediate threat to public health. The threshold includes conditions like live pest activity, sewage backups, or the absence of running water. Six high-severity violations, including undercooking, contaminated food, and no allergen awareness, did not meet that bar at Refreshery on October 2.
The facility remained open after the inspection was completed.
