Public Health Hazard7 pointsFood Temperature & Time (TCS)

02GCold TCS food not held at or below 41°F

Cold food is sitting too warm, which lets bacteria grow. The most common causes are an overstuffed reach-in with no airflow, a cold rail filled too high above the chill line, or warm food set into a cold table to 'cool down.' The inspector probes the actual food (not just the air) — back corners, bottom shelves, and the tops of overfilled inserts run warmest. A single item over 41°F counts. If it has been above 41°F for 4 hours or less you may rapidly re-chill to 41°F; if the time is unknown or has exceeded 4 hours, discard. This is a public health hazard (7+ points, and one of the most-cited NYC violations).

What the inspector looks for

Read the thermometer in every cold unit and probe the food in cold wells/inserts. TCS food must be 41°F or below (smoked/processed fish 38°F or below, raw shell eggs 45°F or below). Anything warmer = flag it.

Points & grade impact

Cited at 7 points — 7 / 8 / 9 / 10 across condition I-IV (more items/areas); uncorrected PHH → 28. NYC adds every cited violation’s points into one inspection score: 0–13 = A, 1427 = B, 28+ = C.

Condition levelPoints
Level 17
Level 28
Level 39
Level 410

How to fix it

Probe the food. If it has been held above 41°F for 4 hours or less you may rapidly re-chill it to 41°F; if the time/temperature is unknown or has exceeded 4 hours, discard. Move food to a working unit and don't stack above the chill line.

How to prevent it

Pre-chill cold wells before loading; never use a cold table to cool warm food; keep cold TCS at 41°F or below; don't overfill pans; place a thermometer in the warmest spot and log temperatures.

  • Set walk-ins and reach-ins to a 36-38°F target, not 41°F — 41°F is the legal ceiling, not the goal, and gives you no buffer.
  • Never fill cold-rail inserts above the chill line, and never use a cold table to cool warm food.
  • Keep a thermometer in the warmest spot of each unit, log temps twice a shift, and do not overcrowd (leave room for air to move).
  • If a probe and the unit's gauge disagree, trust the probe and call for service — a unit reading 38°F with food at 45°F is still a violation.

Reference: Health Code §81.09(a)

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