A produce delivery includes a case of fresh tomatoes packed in a wax-coated box. The box has visible damp staining on the bottom and a strong odor of decay from a leaking case of raw chicken in the same delivery truck. What is the correct action?

a.Wash the outside of the tomatoes with sanitizer and accept the case
b.Reject the case; cross-contamination from leaking raw poultry in transit makes the tomatoes unsafe even if the tomato skins look intact
c.Accept the case but use the tomatoes only in cooked sauces, not raw
d.Accept the case and store on the bottom shelf of the walk-in

Explanation

California Retail Food Code HSC §114049 and §114039 require food to be received in sound condition, free from spoilage, filth, or other contamination, and from sources that maintain temperature and segregation in transit. Once a delivery vehicle has had cross-contamination between raw poultry and ready-to-eat produce, the produce is presumed contaminated with Salmonella and Campylobacter; pathogen-laden liquid can wick through wax-coated cardboard and onto the produce surface. Cleaning the exterior of intact tomatoes (option A) cannot reliably remove pathogens that have penetrated stem scars and minor skin breaks, and sanitizer is not approved for direct application to produce that will be served raw. Option C is wrong because heat-stable toxins (Staphylococcus) cannot be ruled out, and any uncooked use is risky. Option D ignores the contamination problem. The compliant action is to refuse the delivery, document the rejection, and notify the supplier — both for food-safety reasons and to protect against future shipments from the same truck.

Law Reference: HSC §114049

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