Critical vs minor infractions: what the names mean
By Vimal Bhaya, Founder and Lead Systems Architect · Last reviewed 25 October 2026
This is a continuation of Temperature logs and inspections, an 8-part tutorial. You are on part 6 of 8.
A critical violation is one that can make someone sick directly, such as cold food held above 41°F (5°C). A minor one cannot on its own, such as a dirty floor. Critical violations are fixed on the spot or within days; minor ones get weeks.
The FDA's model Food Code stopped saying critical in 2009 and now uses priority, priority foundation and core, while many health departments keep names of their own. Food held at the wrong temperature is in the top tier in every one of them.
Every system sorts violations by how directly they can make someone sick
An inspection report is not a list of equal faults. Each violation goes into a tier, and the tier decides how fast it must be fixed and how much it counts against you.
- Top tier: the violation can cause illness directly. Food at the wrong temperature, undercooked food, no handwashing.
- Middle tier: the violation weakens the controls that prevent illness. No accurate thermometer, missing training, missing records.
- Bottom tier: general upkeep. Cleaning, repairs, the building.
Not every system has a middle tier. California, and the FDA's code before 2009, use only two.
The names change by health department
| Where | Top tier | Middle tier | Bottom tier |
|---|---|---|---|
| FDA Food Code, 2009 on | Priority (P) | Priority foundation (Pf) | Core |
| FDA Food Code, before 2009 | Critical | None | Noncritical |
| New York City | Public health hazard | Critical | General |
| Florida | High priority | Intermediate | Basic |
| California | Major | None | Minor |
Careful with New York City: there, critical is the middle tier, not the top. A public health hazard, such as food held at the wrong temperature, starts at 7 points, a critical violation at 5 and a general one at 2.
Florida defines a high-priority violation as one that "could contribute directly to a foodborne illness or injury". California defines a major violation as one that "may pose an imminent health hazard and warrants immediate closure or other corrective action".
Under the FDA model, the inspector does not choose the tier. Each paragraph of the Food Code is marked P or Pf in the code itself, and anything unmarked is core. See what health inspectors look for.
In Canada, Toronto Public Health uses crucial, significant and minor infractions. A crucial infraction is an immediate health hazard, fixed at once. A significant one is a potential health hazard, fixed within 24 to 48 hours. A minor one is a minimal risk, fixed by the next inspection.
Food held at the wrong temperature is top tier everywhere
| Item | FDA tier | Why |
|---|---|---|
| Cold food above 41°F (5°C) | Priority | Bacteria grow in the food itself |
| Hot food below 135°F (57°C) | Priority | The same, at the other end |
| Cooling too slowly | Priority | Cooked food spends too long in the danger zone |
| No accurate food thermometer | Priority foundation | Nobody can check the priority items without one |
| No thermometer in the warmest part of a cooler | Priority foundation | Staff cannot see the box drifting |
| General cleaning and repairs | Core | They matter, but cannot cause illness directly |
Cold holding is also the item restaurants miss most. FDA found it out of compliance at least once in 62.2% of fast food and 79.8% of full-service restaurants. See cold holding, hot holding and the danger zone.
The tier sets how fast you must fix it, and what happens if you do not
| Where | Top tier | Lower tiers |
|---|---|---|
| FDA model Food Code | Fixed at the inspection, or within 72 hours | Priority foundation within 10 calendar days; core within 90 |
| New York City | 7 points or more each. Can close the restaurant if not fixed before the inspector leaves | 5 points (critical) or 2 (general) each. Points add up to the grade: A is 0 to 13, B 14 to 27, C 28 or more |
| Florida | Can lead to an administrative complaint, a legal action. Conditions that endanger the public close the kitchen until every high-priority violation behind the closure is corrected | Fixed by a date the inspector sets, with a return visit, or by the next routine inspection |
| California | Warrants immediate closure or other corrective action | Must be corrected, and may be checked at the next routine inspection |
What to do when the report lands is in after a failed inspection.
Minor violations add up when they repeat
A minor violation is still minor. The same one found visit after visit starts to count.
- New York City: every violation adds points. Seven general violations at 2 points each are enough to drop a restaurant from an A to a B.
- Florida: a pattern of repeat violations can lead to an administrative complaint.
In Canada, Toronto can ticket a minor infraction that is still there at the next inspection, with fines from $55 to $465.
Want the top-tier temperature item caught before the inspector sees it?
TemperatureWise watches the one item that is top tier everywhere: cold holding. It records every cooler and freezer at least every 15 minutes, day and night. When a box drifts out of its normal pattern, TemperatureWise emails, then texts and calls up to 3 people per sensor until someone answers.
- A drifting box is fixed while it is still a repair. The alert names the top 3 likely parts at fault, so the technician knows where to start.
- The record is ready for the inspector. TemperatureWise prints a daily sheet for each box with the reading at each check time, the highest reading since the last check, and the time spent above 41°F (5°C).
- The reading can follow the food. TemperatureWise glycol buffer bottles, an optional add-on, make the sensor warm and cool the way food does.
The inspector still probes the food, and TemperatureWise does not cover cooking, cooling or hot holding.