If a person subject to this rule becomes aware of an indication of a possible material failure of temperature control or other conditions that may render the food unsafe during transportation, you must not sell or distribute the food and you must take appropriate action including, as necessary, communication with other parties to ensure that the food is not sold or otherwise distributed unless a determination is made by a qualified individual that the temperature deviation or other condition did not render the food unsafe. (21 CFR 1.908(a)(6))
Therefore, if you are a receiver and your standard procedure is to reject a delivery if it shows an indication of severe temperature abuse or another serious problem, you must also take additional action such as calling the shipper or carrier and informing them of what you observed that may indicate that the food has become unsafe. It then becomes that person’s responsibility to ensure that the food is not sold or otherwise distributed unless a determination is made by a qualified individual that the temperature deviation or other condition did not render the food unsafe.
